Recent Developments in EU Merger Control

Abstract

The decisions adopted during the period under consideration indicate that the Commission continues to resort to ‘reconstructed’ market share data, notably in several Phase I commitments cases. Another striking feature of the jurisprudence adopted in 2014 is the apparent emergence of a new tool to test closeness of competition—the so-called ‘aggressive competitor’ test. Generally, the Commission seems to pay more attention to claims by notifying parties that spare capacity in the hands of competitors would render unprofitable a price increase by the merged entity. The jurisprudence confirms that an inherited FRAND commitment negates the ability of the merged entity to pursue a foreclosure strategy.