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EC Merger Control

EC Merger Control
5th Edition
Practice Area:  Competition Law
ISBN:  9781847038074
Published by:  Sweet & Maxwell
Publication Date:  25 Feb 2009
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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Now in its 5th edition, this well-respected work provides a comprehensive analysis of the EC merger control regime. The book examines the impact of legislative and procedural changes made in 2004 on the subsequent casework and procedures of the Commission and the workings of the European Competition Network in the merger control context.

In particular, it:
  • Describes the evolution and maturing of the EC merger control regime from its inception in 1989, highlighting its main substantive and procedural features
  • Analyses the new Non-Horizontal Merger Guidelines and the Commission's recent casework applying them
  • Explains the policy and procedural changes involved in the important new Remedies Notice
  • Examines the recent Consolidated Jurisdictional Notice, highlighting the changes from the four Notices it replaces
  • Explores almost five years of Commission casework under the new 2004 merger regime and the SIEC test
  • Considers the implications of important recent ECJ and CFI merger cases, including Sony/BMG and the damages actions brought by Schneider and MyTravel as a result of annulled merger decisions
  • Includes a case study to examine to detail how the Commissions applies its merger control powers


Table of Cases
Table of Legislation
Alphabetical Table of Merger Decisions
  • Introduction
  • Concentrations
  • Ancillary Restraints
  • Community Dimension
  • Notification and Investigation
  • The Decision Process
  • Appraisal of Concentrations
  • Remedies
  • National Authorities and National Law
  • Review by the Court
  • Council Regulation (EC) No. 139/2004 of 20 January 2004 on the control of concentrations between undertakings [2004] O.J. L24/1
  • Commission Regulation (EC) No. 802/2004 of 7 April 2004 implementing Council Regulation (EC) No. 139/2004 on the control of concentrations between undertakings [2004] O.J. L133/1, as amended by Commission Regulation (EC) No. 1033/2008 [2008] O.J. L279/3
  • Commission Notice on the definition of relevant market for the purposes of Community competition law [1997] O.J. C372/5
  • Guidelines on the assessment of horizontal mergers under the Council Regulation on the control of concentrations between undertakings [2004] O.J. C31/5
  • Guidelines on the assessment of non-horizontal mergers under the Council Regulation on the control of concentrations between undertakings [2008] O.J. C265/6
  • Commission Consolidated Jurisdictional Notice under Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings
  • Commission Notice on restrictions directly related and necessary to concentrations [2005] O.J. C56/24
  • Commission notice on remedies acceptable under Council Regulation (EC) No 139/2004 and under Commission Regulation (EC) No 802/2004 [2008] O.J. C267/1
  • Best Practice Guidelines: The Commission's Model Texts for Divestiture Commitments and the Trustee Mandate under the EC Merger Regulation
  • DG Competition Best Practices on the conduct of EC merger control proceedings (2004)
  • Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No. 139/2004 [2005] O.J. C56/32
  • Commission Notice on Case Referral in respect of concentrations [2005] O.J. C56/2
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