A FEW CONSIDERATIONS REGARDING TRANSPARENCY AND LEGAL CERTAINTY IN EUROPEAN MERGER CONTROL
A FEW CONSIDERATIONS REGARDING TRANSPARENCY AND LEGAL CERTAINTY IN EUROPEAN MERGER CONTROL

Summary/Abstract: The contribution at hand aims at assessing the degree of transparency, and in some respects legal certainty, as put forward by the European Merger Control System, from different standpoints (jurisdictional, procedural, substantive, institutional), focusing on the transparency enhancing directed changes brought by the 2004 Merger Review Package. Given the predominantly bureaucratic nature of the merger control phenomenon, transparency and legal certainty in connection with antitrust enforcement are to be regarded as essential. The article at hand concludes that the transparency level in the EU Merger Control has generally been more or less properly managed in the last decade. However, given the importance the concepts of transparency and legal certainty, and their functionality bear upon merger control, especially in the current political, social and economic context in Europe, the EU must acknowledge the drawbacks that the current system exhibits and reflect upon possible transparency and legal certainty enhancing reforms.

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