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The article focuses on the views of the two countervailing buyer power, the Irish Competition Authority and the High Court about the Kerry/Breeo merger in Europe. It discovers that the two grocery retailers failed to perform enough countervailing buyer power under the Competition Act 2002. It also investigates the other major aspects of the guidelines for retailer merger including the concept of countervailing buyer power, several observations of the merger, findings of the Authority and the High Court as well as the various implications related to merger control.

The article discusses the relevance between consumer and antitrust law in Europe. Authors highlight the positive and negative effects of commercial law in businesses and in the economy. It overviews the implementation of antitrust and commercial law as primary tools of determining consumer failures and explores how behavioral economics may facilitate identifying consumer failures and create efficient remedies for consumer protection. Lastly, it also examine the role of behavioral economics (BE) plays in controlling consumer failures within antitrust and consumer law.