A 'balance of harms' is not operational in EU merger control law • Following the ECJ's judgment in CK Telecoms, a 'balance of harms' cannot be integrated in the EU merger control law lex lata • Theory on 'balance of harms' demonstrates the necessity of a dynamic approach to EU merger control law at: learlab.com/wp-content/uploads/
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Joséphine Thorson (2024) studied this question.
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