EU Competition Law, the scope of Merger control and the defence industry
analysis of case law and methodology
Avainsanat:
competition law, european law, defence industry, Member States, Treaty on the functioning of the European Union, Article 346 TFEU, states' buying power, european countriesAbstrakti
This essay will consider the mechanisms of European competition law and focus on how Article 346 TFEU and the relationship between the Member States and the European Commission influence the control of the compatibility of military mergers with the internal market. It will argue that because of exception of public safety of Article 21 of the Merger Regulation that allows certain mergers to be cleared on the basis of public security the practice of European competition law has led to a fragile restraint of judicial procedures in the European control of mergers in the defence industry. In response, this essay will suggest a critical approach that recognises the unique characteristics of the defence industry as a central and determinative element in the specific methodology for Competitive analysis of military mergers.
