Competition policy and the competing interpretations of the notion of substantial part of the Common Market

Notes that the notion of a “substantial part” of the Common Market (European Union) has significance in terms of European competitive regulation and policy. Points out that without this term European competition policy would be limited to cases involving the whole of the Community. Examines a range of competing interpretations of this key term and reveals that the European Court and the European Commission have adopted different interpretations in dealing with the issue of a “substantial part”. Considers the reasons for this divergence and suggests that proposals for revisions to Article 9 of the Merger Control Regulation may end the divergence.