Local markets, unilateral effects & dominance theories of harm: the Q-Park/Tazbell off-street parking merger

Abstract

The article contributes to the merger control literature in local markets differentiated by location (i.e. geographic proximity) by demonstrating that even where unilateral effects are unlikely because the merging parties are not close competitors, competition concerns may still arise under the dominance theory of harm. While unilateral effects in a local market are tested by reference to a geographic market defined as the catchment area around a centroid outlet, the dominance theory of harm is at the firm level not the outlet level and, as a result, a wider geographic market should be employed. The article draws on the Q-Park/Tazbell off-street car parking merger, which was cleared with remedies by the national competition authority of Irleand in 2023.