Please use this identifier to cite or link to this item: http://hdl.handle.net/2381/28225
Title: Judicial Scrutiny of Merger Decisions in the EU, UK and Germany
Authors: Harker, Michael
Peyer, Sebastian
Wright, Kathryn
First Published: 27-Jan-2011
Publisher: Cambridge University Press for the British Institute of International and Comparative Law
Citation: International and Comparative Law Quarterly, 2011, 60 (1), pp. 93-124
Abstract: The appropriate role of the courts in controlling the discretion of merger authorities has become one of the key issues in European merger law and policy in recent years. This article investigates judicial review of merger decisions, taking a comparative approach by examining cases from the EU, UK and Germany. We observe an apparent increase in the willingness of the EU and UK courts to scrutinize merger decisions, and a long-standing tradition of close scrutiny in Germany. In respect of the EU and UK, we consider agency theory offers a convincing explanation—that increased scrutiny is explained by the need to enhance the credibility of merger policy. In Germany, the constitutional basis of judicial review differs significantly, and the relatively close scrutiny exercised by the court is better explained by the very different constitutional context.
DOI Link: 10.1017/S0020589310000680
ISSN: 0020-5893
eISSN: 1471-6895
Links: http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=8009516
http://hdl.handle.net/2381/28225
Version: Publisher Version
Status: Peer-reviewed
Type: Journal Article
Rights: Copyright © 2011 British Institute of International and Comparative Law. Archived with permission of the publisher.
Appears in Collections:Published Articles, School of Law

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