Structure Versus Conduct – A Comparison of the National Merger Remedies Practice in Seven European Countries

Abstract

Abstract This paper provides a comparative analysis of 234 national merger remedies decisions in the six major EU countries plus one non‐EU country, Switzerland. While structural remedies tend to dominate, there are significant differences between countries and sectors. Overall, the analysis reveals a complex interaction between the features of markets which may give rise to competition concerns, the scope for remedial solutions and, not least, the extent of structural interventions in well established antitrust jurisdictions. In the wholesale and retail sector, shop and outlet divestitures are classic. However, they are often accompanied by behavioural remedies that seek to remedy vertical competition issues. In contrast, there is a preference for behavioural remedies in the network and infrastructure industries, with access remedies prominent as the case study of the information and communications sector shows.