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The European Commission's Jurisdiction under the Merger Control Regulation

The European Commission's Jurisdiction under the Merger Control Regulation 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 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Nordic Journal of International Law Brill

The European Commission's Jurisdiction under the Merger Control Regulation

Nordic Journal of International Law , Volume 63 (1-4): 17 – Jan 1, 1994

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Publisher
Brill
Copyright
© 1994 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0902-7351
eISSN
1571-8107
DOI
10.1163/157181094X00743
Publisher site
See Article on Publisher Site

Abstract

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

Journal

Nordic Journal of International LawBrill

Published: Jan 1, 1994

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