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Lessons from the life and death of merger efficiency claims: Merger rationales v merger efficiencies

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Merger practitioners often express the view that the European Commission takes a sceptical view of merger efficiencies. However, in this article Lau Nilausen reviews the Commission’s assessment of all benefits presented by merging parties in the past decade. While this review demonstrates the Commission’s scepticism, it also shows the sources of efficiency that the Commission has accepted in principle, and highlights the obstacles that merging parties will need to consider if they wish to demonstrate them successfully.