Procedural versus competition perspectives on recent CCPC merger remedies: the Berendsen (Elis)/Kings Laundry transaction

2020 ◽  
Vol 19 (3) ◽  
pp. 128-155
Author(s):  
Paul K. Gorecki

In a 2019 article in the Competition Law Journal Andrews and Fitzgerald argue that the decisional practice of the Competition and Consumer Protection Commission (CCPC), Ireland's competition agency, in clearing three Phase II mergers, demonstrates an ‘openness to resolving identified competition issues via remedy packages even in highly complex [merger] cases’. However, from a competition economics perspective, based on an examination of one these three cases, the Berendsen (Elis)/Kings Laundry transaction, the remedy package does not mitigate the competition concerns identified by the CCPC. Indeed, the remedy is likely to exacerbate these concerns. The merger should have been prohibited. This article suggests two ways in which the CCPC's merger procedures can be revised so as to ensure greater congruency between the procedural and competition economics perspectives.

2020 ◽  
Vol 18 (4) ◽  
pp. 167-174
Author(s):  
Philip Andrews ◽  
Niall Fitzgerald

Three Phase 2 merger reviews recently completed by Ireland's competition authority, the Competition and Consumer Protection Commission (‘CCPC’) shed some light on its Phase 2 merger review procedures. All three mergers were cleared subject to conditions and the remedies involved (in one case a structural remedy involving a business divestment, in another a quasi-structural remedy involving customer contract sales, and in the third case purely behavioural ring-fencing commitments) clarify the CCPC's practice on merger remedies. This article reviews the three determinations primarily from a procedural perspective, but also describes the remedies accepted by the CCPC in each case.


2021 ◽  
pp. 0003603X2110454
Author(s):  
Wiseman Ubochioma

Predatory pricing is one of the market practices that are prohibited in competition law. It occurs when a dominant firm sells its product at an unreasonably low price in order to eliminate competitors from the market. The Federal Competition and Consumer Protection Act, 2019 of Nigeria prohibits this practice. This article, therefore, examines predatory pricing under the Act. It argues that the prescription of the cost-based principles of marginal and average cost as sole determinants of predatory pricing under the Act would not provide the Federal Competition and Consumer Protection Commission (FCCPC) and courts with the appropriate legal standard in determining predatory pricing. It suggests that the provision of the law should be reformed to include the principle of recoupment as a legal standard for imposing liability for the practice against defaulting firms. This will assist the FCCPC and courts to distinguish pro-competitive predatory pricing from anticompetitive predatory pricing.


2020 ◽  
Vol 4 (1) ◽  
pp. e000638
Author(s):  
Caroline Henry ◽  
David E Morris ◽  
Sophie Coleman ◽  
Andrea Pereira ◽  
Christian Tamakloe ◽  
...  

ObjectiveNewborn resuscitation relies on accurate heart rate (HR) assessment, which, during auscultation, is prone to error. We investigated if a 6 s visual timer (VT) could improve HR assessment accuracy during newborn simulation.DesignProspective observational study of newborn healthcare professionals.SettingThree-phase developmental approach: phase I: HR auscultation during newborn simulation using a standard clock timer (CT) or the VT; phase II: repeat phase I after using a bespoke training app (NeoRate); phase III: following the Newborn Life Support course, participants assessed random HRs using the CT or VT.Main outcome measuresHR accuracy (within ±10 beats/min, correct HR category, i.e. <60, 60–100 and >100 beats/min), assessment time and error-free rates were compared.ResultsOverall, 1974 HR assessments were performed with participants more accurate using the VT for ±10 beats/min (70% CT vs 86% VT, p<0.001) and correct HR category (78% CT vs 84% VT, p<0.01). The VT improved accuracy across all three phases. Additionally, following app training in phase II, the HR accuracy of both the CT and VT improved. The VT resulted in faster HR assessment times of 11 s (IQR 9–13) compared with the CT at 15 s (IQR 9–23, p<0.001). Error-free scenarios increased from 24% using the CT to 57% using the VT (p<0.001), with a shorter assessment time (CT 116 s (IQR 65–156) vs VT 53 s (IQR 50–64), p<0.001).ConclusionUsing a VT to assess simulated newborn HR combined with a training app significantly improves accuracy and reduces assessment time compared with standard methods. Evaluation in the clinical setting is required to determine potential benefits.


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