Antitrust Chronicle® – Mergers as Monopolization

Dear Readers,

It has long bubbled under the surface, but there is an inherent tension between the archetypal monopolization/abuse of dominance provisions of global antitrust rules, and the subsequent introduction of merger control legislation.

This is perhaps no more evident than in the parallel sets of rules that hold sway in the two formative antitrust jurisdictions in the world: the U.S. and the EU. Merger control rules, in the form of the U.S. Clayton Act, and the EU Merger Regulation (“EUM