Anna Argentati

Antitrust in crisis. National Exceptions to the Ordinary Assessment of Mergers during Pandemic

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Abstract

The article contains a critical analysis about the exceptions to the ordinary assessment of business combinations involving small failed banks under liquidation or ailing companies operating in labour-intensive sectors or providing services of general economic interest. In both cases, no objective justification supports the deviations from the regulation and the pandemic seems to be only an excuse to relax antitrust provisions. The derogations represent an example of bad emergency legislation, and could be indicative of the emerging new balance between State and market after the pandemic

Keywords

  • Merger control
  • Antitrust
  • Exceptions
  • Failing firm
  • Banks under liquida- tion
  • Pandemic

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