Między Chicago i post-Chicago. Czy należy zmienić wytyczne UE w sprawie kontroli niehoryzontalnych koncentracji?
Between Chicago and post-Chicago. Should EU guidelines be changed? on the control of non-horizontal concentrations?

Summary/Abstract: The assessment of the admissibility of vertical concentrations is largely based on the paradigms of the Chicago School of law and economics. Its supporters emphasize the positive effects that this type of concentration has on competition, while depreciating the importance of their possible anti-competitive consequences. They believed that vertical concentrations inevitably lead to economic efficiencies, including the elimination of the double margin. The current approach of competition authorities to assessing the admissibility of vertical concentrations is currently criticized on both sides of the Atlantic as too lenient and inconsistent with the contemporary achievements of economic sciences. In the United States, this criticism resulted in the adoption in 2020 of new guidelines from the Federal Trade Commission and the Department of Justice on vertical concentrations. Even though they adopted much stricter assessment rules, both US competition authorities decided to start work on further guidelines that go further in this direction. The EU Commission's guidelines on non-horizontal mergers are, to a greater extent than their American counterpart, consistent with contemporary views of economic sciences and the results of empirical research. However, their correction is still necessary.

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