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Maciej Bernatt

Maciej Bernatt is an Associate Professor of Law at the University of Warsaw. He holds the Chair in European Economic Law at the Faculty of Management, University of Warsaw and he is the director of the  Centre for Antitrust and Regulatory Studies. He is also the co-director of ASCOLA Central Europe Chapter. Maciej's research interests lie at the intersections of competition law and constitutional law, administrative law and EU law with focus on antitrust enforcement. His last book, published by the Cambridge University Press, discusses the illiberal influence of populist governments on the competition law system.
Antitrust and Competition

South Africa Shows How the EU Merger Guidelines Can Account for Non-Economic Factors

Maciej Bernatt
The draft EU Merger Guidelines open merger analysis to non-economic considerations, including choice, supply chain resilience, and sustainability. However, they do not yet explain how these considerations will be paired with a traditional consumer welfare analysis of price and quantity. Maciej Bernatt and Simbarashe Tavuyanago look to South Africa to devise a “vulnerable consumer test” that can help bridge these economic and non-economic goals.
Antitrust and Competition

Pluralism in Media Markets Is About Democracy, Not Economics

Maciej Bernatt
Media pluralism is a core democratic value in Europe. Upholding it requires that media concentration is scrutinized beyond its impact on competition in the traditional economic formulation. By addressing the challenges posed by dominant media players and fostering a diverse information ecosystem, Europe aims to uphold media plurality as a democratic value and ensure that citizens can engage in informed decision-making. From this angle, the European approach to protecting media pluralism might offer an interesting comparative  perspective for the United States debate, write Maciej Bernatt and Marta Sznajder.
Commentary

A New Vision of EU Competition Policy Is Incomplete Without Central-Eastern Europe

Maciej Bernatt
The ongoing debates about the EU’s competition policy have predominantly focused on Western Europe, overlooking the dynamic growth and unique challenges of Central and Eastern Europe, writes Maciej Bernatt and Kati Cseres. This oversight risks deepening economic disparities and undermining the EU’s goals of unity, democracy, and innovation-driven growth.

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