The Interaction of Competition Policy and Other Government Policies – An ICN Steering Group’s Town Hall Conference Series

CPI ICN Column edited by Maria Coppola (U.S. Federal Trade Commission)

The Interaction of Competition Policy and Other Government Policies – An ICN Steering Group’s Town Hall Conference Series¹ – By Andreas Mundt (Bundeskartellamt)

Introduction

In February 2016 the ICN Steering Group kicked off the town hall series on the interaction of competition policy and other government policies with a session on public interest considerations in merger review. Alejandra Palacios Prieto, President of the Mexican Federal Economic Competition Commission, Hardin Ratshisusu, Deputy Commissioner and Head of the Mergers Division of the Competition Commission of South Africa, and Alex Chisholm, Chief Executive of the UK Competition and Markets Authority, shared their experience with public interest considerations in merger review. The call was moderated by Andreas Mundt, President of the Bundeskartellamt and ICN Chair.

Germany

The Bundeskartellamt bases its decisions solely on competitive criteria. However, on request by the parties concerned the Federal Minister for Economic Affairs can authorise mergers that have been prohibited by the Bundeskartellamt if the restraint of competition is outweighed by advantages to the economy as a whole, or if the concentration is justified by an overriding public interest. For example, in January 2016, the German Minister for Economic Affairs decided to overrule a merger prohibition decision in the food retail sector. The main reason for his decision