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What are the changes contemplated under the ECMR. Compare and contrast them with the changes contemplated under the Enterprise Bill?
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What are the changes contemplated under the ECMR. Compare and contrast them with the changes contemplated under the Enterprise Bill? The year 2003 is witnessing important changes to the merger regimes of both the EC and the UK. While the EC introduced a reform package (consisting of amendments to the ECMR, a notice on appraising horizontal guidelines and best practice guidelines on merger proceedings) in December 2002, the UK passed the Enterprise Bill (EB), which comes into force on June 20, 2003. Whilst both these regimes are broadly similar, there are still differences between the two and it will be my endeavour to make this comparison. The comparative process itself will reveal the various changes contemplated under the ECMR reforms and the EB. The Substantive Test for Mergers: The main difference between the two regimes is in the substantive test employed to determine the anticompetitive nature of a merger. While the UK has...
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