Surgery or medicine?

Surgery or medicine?

The use of behavioural remedies in merger control

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, 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.

Surgery or medicine?