Abstract

The Court of First Instance decisions in "Airtours, Schneider and Tetra Laval", and the Commission's recently issued proposal for a Council Regulation on merger control and draft Guidelines on horizontal mergers have highlighted the need for a reform of the EU Merger Regulation, as previously suggested by the Green Paper. Since most critics invite to replace the current dominance test with the substantial lessening of competition one, this paper will attempt to assess this issue, reviewing both the recent case law and the Commission's draft Guidelines.