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An important example of neo-liberal ideas and regulation: EU merger control
The EU also has exten- sive legal powers, and it is a rare example of the EU directly holding powers rather than relying on member states for implementation.57 Indeed, one scholar describes competition policy as a central element in the 'economic constitution'.58 Within the policy, merger control is key for markets, affecting large firms, employment, and market com- petition.
Merger control is also a key element in neo-liberal discussions about markets.
It links to questions about whether and how to regulate firms and the role of the state in both providing firms with freedom to pur- sue their interests and protecting competition.59 However, even within neo-liberal analyses that place 'protecting competition' as the fore- most aim of merger control, there are several distinct approaches.60 Some are highly concerned with excessive market power of firms, which is deemed to generally harm consumer welfare; hence, merg- ers that result in high market shares are usually seen as harmful.
Traditionally, in Europe, merger control was neither neo-liberal nor decided by the EU.
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