The EU Court of Justice states that the Regulation on the control of concentrations between undertakings also applies to collective dominant positions (French Republic)

Judgment of the Court of Justice in Joined Cases C-68/94 French Republic v Commission of the European Communities and C-30/95 Société Commerciale des Potasses et de l'Azote (SCPA) and Entreprise Minière et Chimique (EMC) v Commission of the European Communities* France and two French companies, SCPA and EMC, challenged the Commission's decision of 14 December 1993, in which it declared the concentration between Kali und Salz AG, Mitteldeutsche Kali AG and the Treuhandanstalt compatible with the common market. Today the Court of Justice has annulled that decision. On 14 July 1993 the Commission, pursuant to Regulation (EEC) No 4069/89 on the control of concentrations between undertakings, was notified of a proposed concentration between Kali und Salz AG ("K+S"), a subsidiary of the