Reviewing the EC Merger Control Regulation: present experience and practice and future directions

Emerald - 1996
Leigh M.Davison1, EdmundFitzpatrick2
1Leigh M. Davison is Head of Economics in the School of Economics at the University of Humberside, Hull, UK
2Edmund Fitzpatrick is Head of Law in the School of Finance and Law at the University of Humberside, Hull, UK

Tóm tắt

Examines, with special regard to business, the operation of certain aspects of the Merger Control Regulation (MCR), particularly the “one‐stop‐shop‐approach”, that is likely to be reappraised at the forthcoming inter‐governmental conference or the scheduled review of the MCR. Uses the critical concepts of certainty, uniformity and transparency, to explore the scope and effectiveness of the “one‐stop‐shop‐approach” with regard to: definition of a community dimension; distinct markets (Article 9 MCR) and parallel EC/member state enforcement (Article 21 MCR and Article 223 Treaty of Rome). Looks at the role of subsidiarity. Addresses the questionable interpretation by the Commission of the MCR’s applicability to oligopolistic dominance. Considers the proposal for an independent cartel office, particularly with regard to enhancing transparency and certainty in decision making. Concludes by proposing an alternative definition of community dimension, not based on the size of the parties measured by aggregate turnover of all their products, but rather on the competition spillover effects on the specific product markets affected by the concentration.

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Tài liệu tham khảo

1European Commission memorandum 22.12.1989. See Elland, W., The Mergers Control Regulation (EEC) No 4064/89, 3 European Competition Law Review, 1990, p. 116.

2UNICE, UNICE’s Memorandum to the New Commission, Brussels, 1995, p. 10.

3Davison, L. and Fitzpatrick, E., in Barnes, I. and Davison, L. (Eds), European Business: Text and Cases, Butterworth/Heinemann, 1994, ch. 4, p. 61.

4XXIVth Report of the Commission on Competition Policy 1994, Brussels, 1995, 2. III, p. 205.

5UNICE, Position paper on the revision of certain provisions, in particular the thresholds defining the scope of the Regulation, Brussels, 21 April 1993, p. 2.

6European Commission, Merger Control Law in the European Union, Brussels, 1995, Annex, p. 32.

7Article A, Treaty on European Union, 1992.

8Agence Europe, 24 May 1995, No 6487, p. 13..

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