Collective dominant positions: About the proper implementation of the Airtours test
Résumé
The Airtours test, used in order to determine whether a merger is likely to create or strengthen a collective dominant position, must be applied with caution. Mechanically checking each of the three criteria laid out by the Tribunal, one by one, would be misguided. On the contrary, a global assessment, relying on a detailed analysis of possible collusive strategies, is both more rigorous and less prone to uncertainty.