Overview

On 21st September 1990, Regulation 4064/89 on the Control of Concentrations in the European Economic Community entered into force. The early life of the Regulation's application confirmed that it is a major instrument of competition policy at the Community level, with a significant quantity of cases having been examined by the Commission's Merger Task Force. This work undertakes a comprehensive commentary on the Regulation and on its implementing provisions. Both the substantive law (definition of concentrations, criteria for appraisal of concentrations, etc.), and powers of decision and procedural matters are analyzed in the light of the case law of the Court of Justice and of Commission practice in related matters (such as Articles 85 and 86 of the EEC Treaty). The appraisal of concentrations not having a community dimension is examined. Commission decisions issued within the first eight months of the Regulation's application are considered, and shed a first light on the Commission's policy. The work guides practitioners in completing Form CO (notification of concentrations with a Community dimension to the Commission). The Regulation is placed in an historic and comparative perspective, and is compared to concentration control in the ECSC (since 1951), and to the application of Articles 85 and 86 of the EEC Treaty to concentrations. Finally, the relationship between Articles 85 and 86 and the Regulation itself is examined. The appendices include the text of the Regulation, Commission Regulation 2367/90 on notifications, time limits and hearings, and the two Commission Notices on restrictions ancillary to concentrations, and contrative and co-operative operations.

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9781853335709

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