Transparency and coordinated effects in European merger control

Svend Albæk, Peter Møllgaard, Per Baltzer Overgaard

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Abstract

In this paper, we first outline the foundations in economic theory of so-called coordinated effects with a particular view to mergers and with a special focus on transparency. Then, we review a number of seminal merger cases in EU competition policy (Airtours, Sony/BMG, ABF/GBI Business) in light of that theory. Next, we discuss in more detail a recent Danish merger prohibition that was based on the presence of coordinated effects. This case poses special challenges to the theory of coordinated effects, because a very large number of products were involved, and significant, individualized discounts were widespread in the market in question. Finally, we briefly present a few other cases in which transparency has been an issue.
Original languageEnglish
Pages (from-to)839-851
Number of pages13
JournalJournal of Competition Law and Economics
Volume6
Issue number4
DOIs
Publication statusPublished - 2010
Externally publishedYes

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