LEGISLATIVE DEVELOPMENT: Structural or Not? A Critical Analysis of the Commission’s New Notice on Remedies

15 Colum. J. Eur. L. 549 (2009)

Georges Kratsas. LL.M., London Sch. of Economics; Ph.D. candidate, University College London.

In October 2008, the European Commission released its longawaited Notice on remedies acceptable under the EU merger Regulation. This Notice is a positive development in the sense that it incorporates much of the Commission’s past experience and the recent case law of the European Court of Justice. The Commission affirms its preference for structural over behavioral remedies and clarifies many aspects of the negotiations between the Commission and the interested parties. In all, it achieves its purpose of rendering merger control more predictable. However, a number of uncertainties and defects found in the Notice diminish its overall positive impact. This article aims at identifying all those aspects.