EU Merger Guidelines Consultation – Our Views on Assessing Market Power

As part of our response to the European Commission’s consultation on possible reforms to its merger guidelines, we provided our views on Topic Paper B – Assessing Market Power.

The Commission seeks to understand whether market power should play a larger role in the Revised Guidelines.  We caution against undue reliance on the existence of market power – and the structural features and other indicators used to assess it – in the substantive appraisal of mergers without a holistic assessment of whether such market power could harm consumer welfare.

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