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CONTROL OF CONCENTRATIONS (MERGERS AND ACQUISITIONS) FOR COMPANIES IN EU

a .       Merger control i.            Introduction Based on a system of prior notification , Regulation 139/2004 is rather intended to prevent future concentrations from significantly impeding effective competition in the EU. This has important procedural consequences which in many respects distinguish control of concentrations from infringement proceedings under Regulation 1/2003. ii.          Notification of concentrations ‘having a Community dimensio n’ The compulsory one-stop shop monitoring system which Regulation 139/2004 sets up concerns exclusively concentrations having a Community dimension, that is to say concentrations entailing significant structural changes, the impact of which on the market goes beyond the national borders of any one Member State. This is because EU powers can be exercised only within the limits of the principle of ...

THE EU COMMISSION POWERS IN COMPETITION LAW

This article sets out the procedures for prosecuting and sanctioning violations of the EU competition law in respect to restrictive agreements (vertical and horizontal), abuse of dominant position and merger control.  i.            Commission powers The Commission has three main categories of powers under EU Regulation No 1/2003. a.       Commission decisions First of all, lets sets out a series of decisions which the Commission is entitled to adopt in this context. Pursuant to Article 7 of Regulation No 1/2003, the Commission, acting on complaint or on its own initiative, may find that there is an infringement of Article 101  (restrictive agreements which may effect the prevention, restriction and distortion of competition) or of Article 102 (abuse of dominant position) TFEU  and adopt a decision requiring the undertakings and associations of undertakings concerned to brin...