Publication details

Flexibilita SIEC testu při posuzování spojení soutěžitelů

Title in English SIEC test flexibility in merger review
Authors

NEJEZCHLEB Kamil

Year of publication 2016
Type Article in Proceedings
MU Faculty or unit

Faculty of Law

Citation
Field Law sciences
Keywords Merger; Relevant market; Mandatory and discretionary rules; Soff Law; Guidelines; Economic approach
Description “ ..The Office (The Czech NCA) shall not approve a concentration provided it would result in a substantial distortion of competition in the relevant market”. This obligatory rule is basic test for merger review which is so wide and general that in fact merger assessment is driven and formed almost exclusively by soft law and case law of competition authorities. Conclusion might be that so widely formulated substantive rule if fact enables almost unbounded development of regulation because under term "substantial distortion of competition" one could imagine a lot.
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