A dive into 'unknown' waters : a critical analysis of the EC merger control mechanism and policy and its application in the Baltic Countries

Malinauskaite, J. 2006. A dive into 'unknown' waters : a critical analysis of the EC merger control mechanism and policy and its application in the Baltic Countries. PhD thesis University of Westminster School of Social Sciences, Humanities and Languages

TitleA dive into 'unknown' waters : a critical analysis of the EC merger control mechanism and policy and its application in the Baltic Countries
TypePhD thesis
AuthorsMalinauskaite, J.
Abstract

This study undertakes a comparative analysis of the approaches towards merger

control regime taken at the EC and the national levels, namely the Baltic countries. The emergence and further development of competition law and policy

(particularly merger control rules) in the unexplored Baltic countries represent a novelty of the work, as there are no comprehensive legal writings in this area. The comparative research revealed that the EC incorporates both a negative and a

positive approach vis-a-vis merger control rules; after shifting towards a more

economic based approach, the EC regulatory authorities have explicitly

recognised possible pro-competitive effects of mergers on competition. Whereas,

the situation differs in the Baltic countries: despite committing themselves to

applying the EC competition policy, these countries employ a negative approach

towards merger transactions by placing focus on finding `dominance' rather than

stressing emphasis on a merger's effects on competition. This negative approach

may mean that the Baltic countries are reluctant to admit pro-competitive effects of merger transactions on competition, which can be seen as a sign that the merger control regimes in the Baltic countries are orientated towards dominance or

market power rather than efficiency enhancing.

The law used in the research is stated on the basis of materials available to the researcher on 31 May 2006.

Year2006
FileMalinauskaite.pdf
Publication dates
Completed2006

Related outputs

The development of 'consumer welfare' and its application in the competition law of the European Community and Lithuania
Malinauskaite, J. 2007. The development of 'consumer welfare' and its application in the competition law of the European Community and Lithuania. International Company and Commercial Law Review. 18 (10), pp. 354-364.

Efficiency tests in the merger control regimes of the Baltic countries: myth or reality
Malinauskaite, J. 2007. Efficiency tests in the merger control regimes of the Baltic countries: myth or reality. International Company and Commercial Law Review. 4, pp. 136-146.

Permalink - https://westminsterresearch.westminster.ac.uk/item/9266w/a-dive-into-unknown-waters-a-critical-analysis-of-the-ec-merger-control-mechanism-and-policy-and-its-application-in-the-baltic-countries


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