Common Ownership under the EUMR – Sailing a Bit too Close to the Wind


The European Commission concluded in Dow/DuPont (2017) and Bayer/Monsanto (2018) that common ownership must be taken as an element of context in the appreciation of any significant impediment of effective competition under the EU Merger Regulation.

In this article the authors explore the Commission’s position on common ownership in its decisional practice is premature, and raises question marks as to whether the Commission met the requisite legal standard for the use of economic evidence in merger control.

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