Decisions I do not like to read

The European Commission published its decision on the Schering-Plough Corporation and Organon BioSciences N.V. acquisition. The concentration concerns human health products and animal health products, where both parties are active. The Commission stated that the concentration gives rise to horizontal overlaps between the activities of Schering-Plough and Organon BS for the manufacture and marketing of vaccines and pharmaceuticals in the animal health sector. There are overlaps in over 40 products markets, in several EEA countries for each product. The decision first examines the definition of the relevant markets for human health and the competitive assessment of the proposed transaction in the human health sector (Section A), and then the relevant market definition for vaccines and pharmaceuticals in the animal health sector and the competitive assessment of the transaction are examined market by market (Section B).

The Commission accepted commitments and let the acquisition go on.

The reason I do not like such decisions is that – although thorough examination of the competitive conditions, etc. is necessary – such decisions are too complex and long for anybody to read. Of course not counting those in the sector and those who hav advised the clients.

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4 Responses to Decisions I do not like to read

  1. Anonymous says:

    Long decisions are boring, you are right, but it’s so relieving to have flesh on a precedent when you are advising clients on a transaction. Then you will actually read every single line of it with the utmost attention.

  2. szilagyipal says:

    You are also absolutely right. This is why I wrote that I do not like to read such long decisions, instead of writing I do not read them. But I think people tend to read such long decisions in detail if they write the decision, have to advise clients in the sector, are competitiors, write an article, PhD, etc. Of course some very committed persons might be out there who just like to read or get paid to read everything…

  3. Bobby Mucic says:

    Writing is the core of law, in my opinion. Great litigators keep themselves out of court. Judges like to be detailed, since they don’t like to be overturned.

  4. szilagyipal says:

    I agree. Although usually European courts are shorter than the decisions of the European Commisison referred to in the blog entry. This does not mean that proper reasoning is not important. A judgment (and a Commission decision) should be long and detailed if, but only if and to the extent that it is, necessary. This is despite the fact that I still do ot like to read long, technical and public (without important figures like market shares, etc.) versions of decisions.

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