Abstract

Within the current intense debate on the relevance of environmental considerations within competition policy, merger policy has received relatively little attention. This contribution assesses the potential role of environmental considerations in merger policy, and the arguments for and against their inclusion in merger assessments, in the light of practical examples. It proceeds by: (1) examining the classic approach to “public interest” factors in merger control; (2) offering a deconstruction of the orthodoxy; (3) proposing a conceptual framework for environmental issues in merger control; and (4) applying that framework by considering issues of market definition and the relevance of environmental benefits and harm in merger assessment.

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