Merger Control in the EU: Law, Economics and Practice

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.

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 ; 14. Institutional Issues ; 15. Jurisdictional Control ; Appendices of EC legislation and notices