Remedies in EU Merger Control - An Essential Guide
Remedies are central to understanding EU merger control. They come in many variations - from massive divestitures paving the way for deals such as Bayer / Monsanto to intricate interoperability remedies in cases such as Google / Fitbit - but they all share the same goal: ensuring that mergers do not cause lasting harm to competition.
In spite of their importance, few works discuss remedies in any depth. This work tries to - pardon the pun - remedy this.
The aim is to provide a comprehensive description and analysis of EU merger remedies law and practice. The work deals with fundamental questions, such as: have remedies been effective? how are remedies designed and enforced? But it also covers nuts and bolt issues such as fix-it-first remedies, upfront buyer clauses, arbitration clauses and purchaser criteria.
Full text on SSRN