Failing Firm Defense(FFD) is well accepted as one of the excuses for violating anti-trust laws in the world.The FFD doctrine incorporated in the European merger regulations has developed through the decisions made by the EU Commission and the case law by the European Court of Justice.To successfully refer to the defense,the notifying party has to satisfy three requirements besides proving that there isn't a causal link between the said merger and the damage to the market competition.In the analysis of the c...
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