Both merger guidelines of the European Commission on horizontal and non-horizontal mergers provide guidance and insights into which economic analyses are used by the European Commission to evaluate their transactions. From an economics point of view the guidelines are welcome since they make it easier to understand economical consistency.

 

In general, the approach the European Commission adopted in its guidelines is consistent with general economic findings. Additionally, the guidelines fully take into account the jurisprudence of the European Courts.

 

Below are the two guidelines as well as the European Commission’s best practices on the submission of economic expert testimonies.

Guideline of the EU Commission on the evaluation of horizontal mergers
Guideline of the EU Commission on the evaluation of non-horizontal mergers
Best practice for the submission of economic evidence and data collection in cases concerning Article 101 and 102 TFEU
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