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The Merger Control Regulation of the European Economic Community

The Merger Control Regulation of the European Economic Community Comment HORST SATZKY Th e Merge r Contro l Regulatio n of th e European Economi c Community INTRODUCTION On September 21, 1990, the "Council Regulation (EEC) No. 4064/89 of December 21, 1989 on the control of concentrations be­ tween undertakings" (the "Regulation") entered into force. It had been adopted by the Council of the European Communities (the "Council") after many years of controversial debate. Th e purpose of this article is to provide some preliminary gui­ dance through th e Regulation. Therefore, rather than following the Regulation's structure, this article addresses the Regulation's issues as they arise in the course of examining a transaction, thereby stressing the questions (i) under what conditions the Regulation ap­ plies, (ii) what its application means in terms of notification require­ men t and procedure, (iii) according to what criteria the transaction is to be assessed and (iv) to what extent the national competition laws of the Member States of the European Communities (the "EC") remain applicable. Th e Regulation need not be approved or implemented by na­ tional legislation and is directly applicable in all Member States of th e EC. It applies to European as well as to non-European compa­ nies. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

The Merger Control Regulation of the European Economic Community

Satzky, Horst
American Journal of Comparative Law , Volume 38 (4) – Oct 1, 1990
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Publisher
Oxford University Press
Copyright
© 1990 by The American Association for the Comparative Study of Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840617
Publisher site
See Article on Publisher Site

Abstract

Comment HORST SATZKY Th e Merge r Contro l Regulatio n of th e European Economi c Community INTRODUCTION On September 21, 1990, the "Council Regulation (EEC) No. 4064/89 of December 21, 1989 on the control of concentrations be­ tween undertakings" (the "Regulation") entered into force. It had been adopted by the Council of the European Communities (the "Council") after many years of controversial debate. Th e purpose of this article is to provide some preliminary gui­ dance through th e Regulation. Therefore, rather than following the Regulation's structure, this article addresses the Regulation's issues as they arise in the course of examining a transaction, thereby stressing the questions (i) under what conditions the Regulation ap­ plies, (ii) what its application means in terms of notification require­ men t and procedure, (iii) according to what criteria the transaction is to be assessed and (iv) to what extent the national competition laws of the Member States of the European Communities (the "EC") remain applicable. Th e Regulation need not be approved or implemented by na­ tional legislation and is directly applicable in all Member States of th e EC. It applies to European as well as to non-European compa­ nies.

Journal

American Journal of Comparative Law – Oxford University Press

Published: Oct 1, 1990

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