Extraterritorial Merger Control Enforcement in Small Economies— Challenges and Possibilities

The article discusses the problems of small economies with regard to extraterritorial merger control enforcement and considers various traditional measures, such as co‑operation and comity, as means to enhance the enforcement position. It also describes the enforcement options within the EU both under various enforcement regulations and under the EUMR referral regime. The article concludes that the referral mechanism contained in Article 22 of the EUMR, which allows for referring a merger lacking a Community dimension to the European Commission’s control, could provide solutions for small EU member states when a merger has significant anti-competitive effects but the competition authority is concerned about the enforcement possibilities