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Control of concentrations/ mergers - Coggle Diagram
Control of concentrations/ mergers
governed by Reg 139/2004 - Article 1 defines scope
only concentration fall under Reg 139/2004
only concentrates w/ Community dimension
if Community dismension - apply Article 1 (2) or 1 (3)
one stop shop for concentrations with a community dimension
concentrations defined by Article 3, includes joint ventures
community dimension defined under Article 1 (2) or 1 (3)
some exemptions to one stop shop principle
Article 4(4), 4(5), 9, 22, 21(4)
Notification under Reg 139/2004
Prior notification required Article 4 (1)
examination by Commission preceded by suspension of transaction Art 7(1)
phase 1 examination Art 6(1) may lead to Phase 2 examination, Commission has extensive powers of decsion under Art 8
Substantative test for examination of concentrations
whether a merger would significantly impede effective competition Article 2(1) - (3)
co-ordinated effects - para 24-39 Guidelines see Ryanair/Aerlingus merger
non coordinated effects/collective dominance: para 39-57 Guidelines
remedies may be imposed by Commission or proposed by undertakings
Commission retains wide discretion, but EU courts still have role in judical review