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Merger control is one of the important contents of antimonopoly law. The paper focuses on four questions that are important and of general interest in this field: 1. Which is the most appropriate test to prohibit mergers? 2. Which is the role of efficiencies to assess mergers? 3. How to solve conflicts of competition law and industrial policy which often arise in merger cases (mainly focuses on the German solution)? 4. What policy should small developing countries adopt towards merger control? After summarizing the principle arguments in the European Commission’s Green Paper of December 2001 and in the subsequent discussions in Europe, the author puts forward some of his own opinions.
Merger control is one of the important contents of antimonopoly law. The paper focuses on four questions that are important and of general interest in this field: 1. Which is the most appropriate test to prohibit mergers? 2. Which is the role of efficiencies to assess mergers? 3. How to solve conflicts of competition law and industrial policy which often arise in merger cases (mainly focuses on the German solution)? 4. What policy should small developing countries adopt towards merger control? After summarizing the principle arguments in the European Commission’s Green Paper of December 2001 and in the succeeding discussions in Europe, the author puts forward some of his own opinions.