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Title: SIEC and efficiencies : the need for a more integrated approach
Author: Hughes, P. R.
Awarding Body: University of Cambridge
Current Institution: University of Cambridge
Date of Award: 2011
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The objective of the Thesis is to analyse the new substantive test contained in the EC Merger Regulation (Regulation 139/2004) (“ECMR”) and its application. This analysis will be conducted against the background of both the general aims of EU law (having regard to the Lisbon reforms and changes to the EU Treaty), EU competition law and after considering EU policy goals in the energy and technology sectors. The phenomenon which the Thesis will seek to explore is the apparent paucity of efficiency arguments advanced by the parties or countenanced by the European Commission in EU merger cases. The hypothesis is that the inadequacies in ECMR procedures, the Commission’s preoccupation with structural features in merger cases and the absence of clarity surrounding the application of the SIEC test largely account for this lacuna in EU competition policy. The Thesis will pose the question whether the European Court may (in the light of its past jurisprudence and the Treaty reforms post-Lisbon) and the European Commission should adopt a judicial position which is more favourable to an assessment of merger efficiencies. The Thesis will look specifically at the energy and technology sectors, which possess markedly different features and raise different EU policy issues. The energy and technology sectors have been chosen for detailed analysis in order to highlight the policy tensions which can arise under EU competition law and the ECMR in particular. The distinct features which these sectors possess and the different manners in which efficiencies may be delivered within them mean that mergers in these markets raise potentially interesting questions relating to the way in which efficiencies are tested for and measured. This contrast should help to provide a clearer perspective on how the European Commission currently applies the SIEC test generally (where such an analysis is evident) and shed light on how it tests for merger efficiencies in these two contrasting sectors in particular.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available