Do public interest considerations play a legitimate role in merger review? A comparative study between the EU and Nigeria

The purpose of the thesis is to discuss whether public interest considerations play a role in merger review in the EU and Nigeria and to determine the extent to which the concept is considered in merger review in the EU and Nigeria. The research will investigate whether public interest is considered in merger review in the EU and Nigeria and the extent as well as the basis of its consideration. It will also explore how and when public interest is given priority over market effects in the EU and Nigeria as well as carrying out a corporate investigation of cross-influences of merger review in the EU and Nigeria literature. The research will consider the tension in considering public interest factors alongside a competition assessment in a single evaluation with a view to balance the public interest assessment with the competition assessment. The research will also focus on which public interest counts? How are public interest consideration factors addressed in competition cases? And are all public interest consideration factors appraised the same way? It will also consider critically the methodology of the application of the public interest concept by the Competition Commissions by analysing the exclusionary method and how conditional exceptions are used as remedies to achieve a public interest goal. The researcher found that public interest consideration in merger review is an aberration in the EU because of its lack of transparency and consistency, and it would play a significant role in Nigeria if the procedural rules were implemented. The thesis concludes that the concept of public interest is already integrated by the fundamentals of competition law, which have already taken care of consumers’ interests, hence there may be no need for the concept to stand alone during merger review.