The Resurrection of The Application of Article 102 to Mergers and Acquisitions

Article 102 of the Treaty on the Functioning of the European Union prohibits the abuse of a dominant position. The European Commission has generally used this power to sanction dominant companies who have foreclosed rivals and exploited their customers. However, a 1973 European Court judgment, Continental Can, held that acquisitions can also infringe Article 102 where they sufficiently strengthen a dominant position. This article provides a brief history of the application of Article 102 to merg