With a view to improving its enforcement practice in merger control, the European Commission (EC) intends to evaluate whether its ex ante assessments of future market developments, such as entry, expansion or imports, as set out in the EC’s merger decisions were correct.

With a view to improving its enforcement practice in merger control, the European Commission (EC) intends to evaluate whether its ex ante assessments of future market developments, such as entry, expansion or imports, as set out in the EC’s merger decisions were correct.

The present study will evaluate significant and borderline merger decisions adopted between 2012 and 2018 in which Commission or parties’ assessments about entry, expansion, increased imports or the absence thereof were particularly important. The assessments in question must be reflected either in (part of) the Commission’s decision or in the arguments submitted by the parties with the aim of convincing the Commission to clear the case. The ex post evaluation will be based on desk research and interviews or surveys.

The number of decisions to be evaluated must fall within the 15-25 range, which would allow drawing broader policy conclusions and making recommendations for improving enforcement practice.