Surgery or medicine?

Competition authorities have tended to prefer structural to behavioural remedies when addressing concerns raised by mergers. The recent Tetra Laval/Sidel judgment by the European Court of Justice and two remedies reviews - one completed by the International Competition Network and another underway by the UK Competition Commission - may suggest greater scope for behavioural remedies in the future. This bulletin examines the circumstances in which behavioural remedies may provide acceptable alternatives to structural remedies in reversing a loss of competition due to a merger; or limiting its effects on customers and rivals.

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