The subject matter of this thesis is the merger law and policy of the European Community in the context of the vital phase of dynamic integration that the EC is presently undergoing. Chapter One deals with the large firm, its customary motivations with regard to merger and the additional merger pressures imposed upon the firm by dint of the single market project. Chapter Two tackles the theory and practice of competition and merger policies of western states and the EC. It also formulates subjective hypotheses to explain the inconsistencies and. incongruities between ideology and application. Chapter Three tests these hypotheses upon the antitrust law and practice of the United States of America, Chapter Four utilises the knowledge gained by dint of the previous chapters to tackle the fundamental question of EC merger policy. That is, whether or not industrial criteria ought to be used alongside competition tests by the Commission for merger appraisal. Chapter Five evaluates the pre-Regulation system of merger control under Articles 85 and 86 EEC Chapter Six digresses from the path of public law onto that of private law. It examines the problem of the level playing field with regard to cross-border mergers. Chapter Seven discusses in detail the formulation of the Merger Control Regulation with regard to the fundamental issue of ending the double jeopardy hazard. Chapter Eight speculates on the future of merger management. It sets out a best case scenario for the development of merger control and shows how this is inexorably linked to the broader question of the future supervision of European industry. The law is stated as at 31st December 1991. However, for the sake of completeness, Article 130 of the Maastricht Treaty is included by way of appendix.
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The Merger Law and Policy of the European Community
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