Many commentators have commented on the need to create a new test. Legal academic Richard Whish described the EUMR of 2004 as "disarmingly simple", in that the 'dominance test' remains but the question posed by test is reversed. The new test, most commonly known as the 'SIEC' (significant impediment to effective competition) test, was employed to tackle the inefficiencies of the "dominance test" that mainly stemmed from the wording of the test and the prerequisite of an undertaking assuming a dominant position or the strengthening a dominant position in the market. The fundamental change here is the broadened of the old test interpretation. The SIEC test was able to fulfill the void by extending the application of merger control to non-dominant undertakings. The new 'SIEC' test is a reorganisation of the "dominance test" that eliminates "dominance" as a necessary requirement for SIEC and instead expresses SIEC as the single and sufficient condition for incompatibility with EU merger regulation. The proposed change in the law was to ensure that activities that lead to a negative effect on the consumer's welfare would be held liable at law. The dominance element was avoided by asserting the SIEC test to ensure the competitive structure of the common market was held to a certain standard. What amounts to a substantial lessening of, or significant impediment to competition is usually answered through empirical study. The market shares of the merging companies can be assessed and added, although this kind of analysis only gives rise to presumptions, not conclusions. The new test focuses on the subsequent changes to competition in a market following a merger, rather than whether the merged undertaking has acquire an excessive level of market power.