The Control of Community Concentrations Under Regulation No 139/2004

Abstract

In my paper I examine CONCENTRATIONS OF COMMUNITY DIMENSION: I. THE EVOLUTION OF COMMUNITY MERGER CONTROL SYSTEM. MERGER LEGISLATION AND ITS OBJECTIVES - the evolution of merger legislation and the objectives of merger control policy; II. GENERAL REMARKS ON CONCENTRATIONS OF COMMUNITY DIMENSION; III. THE CONCEPT OF CONCENTRATIONS: 1. The concept of control (under Article 3(2), (3) of the ECMR) and 2. Forms of concentrations: mergers and acquisitions of control; IV. TYPES OF THE ACQUISTIONS OF CONTROL: 1. Sole control and 2. Joint control; V. TURNOVER; VI. ANCILLARY RESTRAINTS. Part II concerns the procedure of control.In part III I have proceeded to THE ASSESSMENT OF COMPATIBILITY OF CONCENTRATIONS WITH THE COMMON MARKET: I. GENERAL FRAMEWORK; II. THE CONCEPT OF THE RELEVANT PRODUCT AND GEOGRAPHIC MARKET: 1. The notion of the relevant market and 2. Evidence to define markets; III. MARKET POWER: 1. The concept of market power, 2. Market shares as a starting point of the analysis of market power, and 3. Other sources of market power; IV. POTENTIAL ANTI-COMPETITIVE EFFECTS OF HORIZONTAL MERGERS; V. COUNTERVAILING FACTORS: 1. Supply structure, 2. Demand structure, and 3. the existence of potential competition (entry barriers and market contestability); VI. EFFICIENCIES; VII. THE CONCEPT OF A DOMINANT POSITION VERSUS THE SLC TEST; VIII. AMERICAN CONCENTRATIONS ANALYSIS, and IX. FRENCH CONCENTRATIONS ANALYSIS. COMPETITIVE AND ECONOMIC BALANCE.