n Without Prejudice - Divestiture is the Damoclesian sword : competition law

Volume 7, Issue 11
  • ISSN : 1681-178X



What happens when a merger, approved subject to certain conditions, is implemented, and after the expiry of the conditional period (or fulfilment of the conditions), it subsequently comes to light that the merger is anticompetitive in that it creates market power? More particularly, what is the view of the competition authorities when a merger is approved subject to a period of certain price restraints and shortly after the expiry of the period, prices are increased?

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