How should competition authorities consider the public interest in case of a merger? It might be a difficult balancing exercise to weigh public interest criteria against competition factors, as they do not necessarily point to the same direction.
In June 2016, the OECD held a roundtable to discuss public interest considerations included in merger control rules (‘public interest clauses’), how they are applied and by whom, and the relevant challenges for competition authorities.
The discussion also explored exceptional circumstances under which public interest might be taken into consideration in the regular merger assessment, such as broad efficiency claims or the failing firm defence.
This page contains all related documentation.
