The OECD Competition Committee debated the “failing firm” exception, or defence, in merger review in May 1995. This document includes an analytical note by the OECD and written submissions from Australia, Canada, the European Commission, Germany, Ireland, Japan, Norway, the Slovak Republic, the United Kingdom and the United States and an aide-memoire of the discussion.
Failing Firm Defence
Key findings, summary and notes
OECD Roundtables on Competition Policy Papers
