Merger Control In The European Union: Law, Economics and Practice
Merger Control In The European Union: Law, Economics and Practice
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Abstract
This second edition of Merger Control in the EU provides the reader with an exhaustive analysis of the European Community rules relating to merger control, including the new EC Merger Regulation 139/2004 of 20 January 2004 which entered into force on 1 May 2004 and the latest interpretive notices adopted by the European Commission. A brand new addition to the book is the companion website which will maintain the currency of the main work after publication; a service that is free of charge to all who own a copy of the book. The European Commission has exclusive competence to authorise or prohibit concentrations which have a Community dimension. Bearing in mind the economic relevance of these operations, decisions made by the Commission have an extraordinary market impact. This work is an invaluable and precise instrument for legal practitioners and economists, as well as for those undertakings involved in merger operations or acquisitions. It will enable them to become acquainted with the Commission's policy in this field and to guide themselves through the complex procedure of notification in Brussels. It will also be useful for those merger operations which are required to follow the procedure of notification to the national competition authorities in EU Member States, since the Commission's guidelines inspire, to a large extent, the acts and decisions of the national authorities in this field. This book analyses the issues related to merger control not only from a legal standpoint, but also from an economic one. It is a product of the authors' knowledge and experience in Brussels as officials of DG Competition in the Commission, and as lawyers defending the interests of undertakings involved in the notification procedure.
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Front Matter
- 1 Origin And Objectives Of The Community Merger Control System
- 2 The Meaning Of The Concept Of Concentration
- 3 Commission Policy As Regards Joint Ventures Within The Scope Of The Merger Regulation
- 4 Community Dimension
- 5 Definition Of Relevant Market
- 6 Creation Or Reinforcement Of An Individual Dominant Position
- 7 Oligopolies And Collective Dominant Positions
- 8 Barriers To Entry And Potential Competition
- 9 Vertical Concentrations And Vertical Aspects Of Concentrations
- 10 Restrictions on competition in concentrations: the application of article 81 of the EC treaty to Joint ventures and ancillary restrictions
- 11 Analysis of efficiency and unviability. Decisions granting conditional authorization
- 12 Procedure in community control of concentrations. Basic principles. Notifications
- 13 Procedure In Community Control Of Concentrations: The Commission ‘S Handling Of Cases
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14
Institutional Issues
E Edurne Navarro Varona and others
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End Matter
- Appendix 1 Council Regulation (Ec) 139/2004 Of 20 January 2004 On The Control Of Concentrations Between Undertakings ([2004] Oj L24/1)
- Appendix 2 Commission Regulation (EC) 802/2004 implementing Council Regulation (EC) 139/2004 ([2004] OJ L133/1)
- Appendix 3 Form Co Relating To The Notification Of A Concentration Pursuant To Regulation (Ec) 139/2004 ([2004] Oj L133/9)
- Appendix 4 Short Form For The Notification Of A Concentration Pursuant To Regulation (Ec) 139/2004 ([2004] Oj L133/22)
- Appendix 5 Form RS Relating To Reasoned Submissions Pursuant To Articles 4(4) And 4(5) Of Regulation (Ec) 139/2004 ([2004] Oj L133/31)
- Appendix 6 Commission Notice On The Concept Of Full-Function Joint Ventures Under Council Regulation (Eec) 4064/89 On The Control Of Concentrations Between Undertakings ([1998] Oj C66/1)
- Appendix 7 Commission Notice On The Concept Of Undertakings Concerned Under Council Regulation (Eec) No 4064/89 On The Control Of Concentrations Between Undertakings ([1998] Oj C66/14)
- Appendix 8 Commission Notice On The Concept Of Concentration Under Council Regulation (Eec) 4064/89 On The Control Of Concentrations Between Undertakings ([1998] Oj C66/5) 545
- Appendix 9 Commission Notice on calculation of turnover under Council Regulation (EEC) 4064/89 on the control of concentrations between undertakings ([1998] OJ C66/25)
- Appendix 10 Commission Notice concerning alignment of procedures for processing mergers under the ECSC and EC Treaties ([1998] OJ C66/36)
- Appendix 11 Commission Notice on the definition of the relevant market for the purposes of Community competition law ([1997] OJ C372/5)
- Appendix 12 Information On The Assessment Of Full-Function Joint Ventures Pursuant To The Competition Rules Of The European Community ([1998] OJ C66/38)
- Appendix 13 Commission Notice On Remedies Acceptable Under Council Regulation (Eec) No 4064/89 And Under Commission Regulation (Ec) 447/98 ([2001] Oj C68/3)
- Appendix 14 Commission Notice On Restrictions Directly Related And Necessary To Concentrations ([2001] Oj C188/5)
- Appendix 15 Commission Notice On A Simplified Procedure For Treatment Of Certain Concentrations Under Council Regulation (Eec) 4064/89 ([2000] Oj C217/32)
- Appendix 16 Commission Notice On A Simplified Procedure For Treatment Of Certain Concentrations Under Council Regulation (Eec) 4064/89 ([2000] Oj C217/32) ([2000] Oj C217/32)
- Appendix 17 Dg Competition Best Practices On The Conduct Of Ec Merger Control Proceedings (February 2004)
- Appendix 18 Commission Decision of 23 May 2001 on the terms of reference of hearing officers in certain competition proceedings ([2001] OJ L162/21)
- Appendix 19 National Competition Authorities And Other Related Ministries ([2001] OJ L162/21)
- Appendix 20 Pending Appeals
- Appendix 21 Lists of European Commission Merger Decisions
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