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Working paper on behavioural and structural remedies in mergers: historical analysis of remedies developed by the CNDC

The General Directorate for Economic and Legal Studies has prepared a working paper which makes various considerations on the implementation of behavioural and structural remedies in the context of mergers


When dealing with mergers, it is essential to analyse their effects in order to avoid restrictions on competition in the different markets and, consequently, the harming of the general economic interest.

To this end, the National Commission for the Defence of Competition (CNDC) has the power to order certain measures and remedies which, depending on factors relating to the merger in question, are considered to be appropriate to correct the harm caused by the operation.

Behavioural and structural remedies are tools to safeguard competitive conditions in markets that may be affected by mergers.

The aim of this paper is to explain what these measures consist of, to point out the regulatory aspects in which their implementation is framed, to describe the stages of their application by the CNDC through a jurisprudential analysis and the sectors in which these types of remedies have been recommended.

The document is complemented by a thematic search engine of decisions on behavioural and structural solutions covering the period 1999-2023, which will be updated as new resolutions are issued.

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