Relationship With The Ec Merger Control Regime

• Main Authors: Scott, Andrew, Hviid, Morten, Lyons, Bruce, Bright, Christopher
• Format: Book Part
• Language: unknown
• Published: Oxford University PressOxford 2006
• Subjects: Iceland
• Online Access: http://dx.doi.org/10.1093/oso/9780199276882.003.0005; https://academic.oup.com/book/chapter-pdf/52203401/isbn-9780199276882-book-part-5.pdf

Abstract The EC regime provides for the review of ‘concentrations’. A concentration is deemed to arise on a ‘change of control on a lasting basis’, with ‘control’ being understood as ‘the possibility of exercising decisive influence on an undertaking’: Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (2004) OJ L24/1 (hereinafter ‘ECMR’ or ‘Merger Regulation’), Article 3. See also, Commission Notice on the concept of concentration under Council Regulation (EEC) No 4064/89 on the control of concentrations between under- takings [1998] OJ C66/2. By virtue of Article 57 of the European Economic Area Agreement, the Commission also exercises jurisdiction over concentrations with a Community dimension across the EFTA territory (includes the EC and Iceland, Liechtenstein and Norway, but bars Switzerland for these purposes). The EFTA Surveillance Authority has jurisdiction over concentrations that do not come within the Commission ‘s jurisdiction, but which meet the turnover thresholds in the EFTA territory.