Beyond single dominance: the debate surrounding the extension of the scope of the EC merger control regulation

Examines the pioneering work of the European Commission, with the support of the European Court of Justice (ECJ) and the European Court of First Instance (ECFI), to apply the merger control of regulation (MCR) to situations of collective as well as to single dominance. Reveals that the Commission first applied the notion of collective dominance in the Nestlé Perrier merger in 1992 but that the legality of this practice was questionable, given that the express wording of the MCR does not mention the notion. The legal challenge arose from the takeover of Mitteldeutsche Kali AG by Kali und Salz with the landmark judgment favouring the stance of the Commission – the MCR does encompass situations of collective dominance. Examines why the court reached this decision, particularly given that the Advocate General’s opinion was exactly the opposite.