S H E A R M A N & S T E R L I N G L L P | 4 1
MERGER CONTROL
THE PROTECTION
OF NASCENT
COMPETITORS
A U. S. A N D E U P E R S P E C T I V E
BY BEN GRIS, MATTHEW READINGS, MARK WEISS AND SIMON THEXTON
Both the United States and EC have signaled
intent to increasingly focus antitrust policy on
the protection of nascent competitors and the
development of nascent markets. In the U.S.,
both agency statements and certain cases
have cast some light on a shift in antitrust
policy to more aggressively protect nascent
competitors from domination or elimination
by larger and more established rivals.
European regulators have indicated that
even major blockbuster mergers may be
challenged should they result in a loss of
competitive innovation, potential future
competition and the suppression of
research and development (R&D).
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