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South Africa Shows How the EU Merger Guidelines Can Account for Non-Economic Factors

The draft EU Merger Guidelines open merger analysis to non-economic considerations, including choice, supply chain resilience, and sustainability. However, they do not yet explain how these considerations will be paired with a traditional consumer welfare analysis of price and quantity. Maciej Bernatt and Simbarashe Tavuyanago look to South Africa to devise a “vulnerable consumer test” that can help bridge these economic and non-economic goals.

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