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EC Merger Regulation

Council Regulation 139/2004 (known as the "EC Merger Regulation" or "ECMR") governs the control of mergers and other concentrations with an EC dimension.

Full English text of the EC Merger Regulation, from Eur-lex:

The test for whether a merger should be "declared incompatible with the common market" is whether it "would significantly impede effective competition [...] in particular as a result of the creation or strengthening of a dominant position".


DG Competition has produced guidelines on the assessment of horizontal mergers (PDF, 14 pages).

The Commission notice on the definition of the relevant market (HTML) is also relevant.

Basis of the EC Merger Regulation

There are no provisions for merger control on the face of the EC Treaty. The EC Merger Regulation is made under Article 83, which provides powers to implement Article 81 and Article 82, and Article 308, which enables the Council to adopt measures which "prove necessary to attain, in the course of the operation of the common market, one of the objectives of the Community" in cases where the EC Treaty "has not provided the necessary powers".

See also

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Last changed by Franck at 9:58 PM on Sunday 2 March 2008.

Reference for this page:
Reckon Open "EC Merger Regulation" 2008-03-02T21:58:54
Link within Reckon Open: [[EC Merger Regulation]]