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The preference for remedies in merger control in the laws of the United States, the European Union, and the People Republic of China
Authors: Ly Mai Nguyen
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Publishing year: 7/2021
Despite economic benefits for undertakings, concentration could impede competition in the market when post-merged entity could exercise unilateral effects such as increasing price or reducing products' quality. Therefore, most competition authorities would control merger to both eliminate competition concern and boost welfare created by a merger. The application of remedies is one tool helping authorities achieve those purposes. In fact, some remedies are preferred over others in certain cases. This paper would explain and discuss the question of whether competition authorities should prefer a condition over others or not.
Merger control, merger, remedies, divestiture, behavioral remedies