AN INSTITUTIONAL ANALYSIS OF THE ENFORCEMENT PROBLEMS IN MERGER CONTROL.

The article discusses the enforcement problems encountered in European merger control in the context of the inaptness of modified economic approach to the institutional environment of the legal processes. It says that the decrease in anticompetitive merger projects was due to the desire of the industries to avoid rule-violating merger ventures and to the competitive business activity. It explores the decline of enforcement activity which is caused by the enforcement problems that lie on the inappropriate implementation of modern industrial economics. It tackles the aspects related to under-enforcement such as analysis of competitive effects and institutional incongruence. It mentions the need for a comprehensive competition economics approach to develop an appropriate policy framework.