Since 2012, the Government has been conducting an audit of EU
powers (or "competences" to use the jargon) with a view
to seeking whether their repatriation to the UK in appropriate
cases. In a recent consultation, it has got round to asking
interested parties on about the current division of regulatory
responsibilities between Brussels and London in relation to merger
control.
There are good reasons to question this division that the
consultation does not mention, let above address; indeed, there are
even good reasons for seeking repatriation of powers as part of the
UK's attempt to renegotiate the terms of the UK's
membership.
It will be recalled that prior to the adoption of the specific
EC merger control regulation in 1990, the EU had no merger control
powers save for those provided for in relation to iron and steel
products. At that time, few Member States had any merger controls
laws of their own. At the time this was perceived as detrimental to
the single
