The EU merger control applies to mergers which create or have a collective dominant position. However the Airtours/First Choice decision indicates that the Commission has a difficult time establishing what the impact of a merger on an oligopoly. Thus, there is a risk that the Commission will broaden the merger control to prohibit all mergers in right oligopolies, irrespective of whether or not they reinforce the oligopoly.
JENNY, F. (2000). Oligopoly Theory, Collective Dominance and EU Merger Control: The Airtours/First Choice Decision in Perspective. In: EC Merger Control: Ten Years On. 1st ed. International Bar Association, pp. 121-132.