Original scientific paper
INCREASED EFFICIENCY OF THE ENTREPRENEURS IN THE ASSESSMENT PROCESS OF PERMISSIBILITY OF HORIZONTAL MERGERS ACCORDING TO THE CROATIAN LAW AND THE EUROPEAN LAW
Vlatka Butorac Malnar
; Pravni fakultet Sveučilišta u Rijeci
Abstract
The aim of the article is to make a comparative analysis of existing approaches towards efficiency in Croatian and European regulations and merger control practice. In the context of this article, the efficiency is primarily comprehended as merger effects which could have a positive impact on competition, and therefore, which could justify certain mergers being perceived as dangerous to competition and at the same time as mergers generating efficiency. The introduction of the element of efficiency in the assessment process of permissibility of mergers has been from the beginning a highly controversial issue, and to a certain extent is as such nowadays in the European as well as in the Croatian practice. The described controversy has caused its highly exceptional application in assessing processes of permissibility of horizontal mergers. Consequently, the issue concerning applicability of this newly introduced element when conducting the material legal analysis of registered mergers is of the most importance as an object of analysis. Having this in mind, the article gives an analysis of selected comparative jurisdictions and points at legislative imperfections and issues concerning application of laws and proposals de lege ferenda.
Keywords
European Competition Law; Croatian Competition Law; merger assessment; efficiencies
Hrčak ID:
53576
URI
Publication date:
4.6.2010.
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