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17 The European Commission's Jurisdiction under the Merger Control Regulation Morten Broberg* Chapter 1. Introduction 1. Concentration control in EEC Competition Law On 21 September 1990 Council Regulation (EEC) 4064/89 on the control of concentrations between undertakings entered into force. This was the end of a long story and the beginning of a new. Broadly speaking competition law can be divided into three different areas: State aid, anti-trust' and mergers2. In contrast to the ECSC Treaty the EEC Treaty only provides explicit provisions with regard to the two first mentioned areas whereas the Treaty is silent with regard to mergers. In the mid-sixties the Commission examined the possibilities of applying Arts. 85 and 86 to mergers.3 The Commission then concluded that Art. 86 should be the principal rule under which concentrations were to be assessed whereas Art. 85 should only be given a very limited application in the case of concentrations. On 9 December 1971 the Commission made the well-known Continental Can decision in which it applied Art. 86 to a concentration.4 The decision was referred to the Court of Justice which in 1973 reversed the Commission's deci- sion but confirmed that Art. 86 could be applied to
Nordic Journal of International Law – Brill
Published: Jan 1, 1994
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