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"Portfolio effects" in merger analysis: differences between EU and U.S. practice and recommendations for the future.


I. Despite tendency to meet significant differences remain

The past decade has seen an enhanced vigor of antitrust enforcement within the European Union (EU) and an increasing gradual approach between its enforcement practices and those of the United States. novel enforcement decisions by the respective agencies for the greatest in quantity part have reflected a consensus among enforcers upon both sides of the Atlantic upon the proper goals of antitrust and the appropriate analytical rules (1) At the same time, however, perhaps thrown into relief by dint of agreement on the broad contours of antitrust policy, a strain of argument in merger decisions by dint of the European Commission ...


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