Abstract

Following a recent policy move to open up its decisional practice, between August and October 2012, the European Commission (the ‘Commission’) published 22 derogation decisions under Article 7(3) of the EU Merger Regulation (EUMR) dating from 2004 through to 2011. They serve as a useful review of this mechanism but also provide further guidance on the circumstances in which an exception might be an option for notifying parties.

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