Commission, European

Notification

Institution Definition

Formal information that companies provide to the Commission under EU merger law in certain situations. The Merger Regulation requires undertakings to notify any concentration with a Community dimension to the Commission on Form CO, normally within one week of the conclusion of the concentration agreement. The participating companies are not allowed to implement the concentration until it has been notified and declared compatible with the common market by the Commission.

Commission européenne

Articles

Christopher Kerse, John Cook EC Merger Control (ed.5)

May 2009

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

American Bar Association Premerger Coordination: The Emerging Law of Gun Jumping and Information Exchange

May 2006

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Mihalis Kekelekis EC Merger Control Regulation: Rights of Defence

December 2006

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Walid Chaiehloudj, Benoît Cœuré, Christophe Venture, Aurélie Zoude-Le-Berre, Nicolas Genty, Antoine Callot, Matthieu Pujuguet, Déborah Higuero, Virginie Elissalde Competition law enforcement according to the three French competition authorities in French overseas territories (Nouméa, 27 juillet 2022)

November 2022

Abstract On 27 July 2022 in Noumea, the New Caledonian Competition Authority organized an anniversary conference to celebrate the fourth year of its establishment. The aim of the conference was to compare the views of the three French competition authorities (the French Competition Authority, (...)

Morgan Blaschke-Broad Australia: Merger law at the crossroads – Examining proposals for substantive reform

November 2022

Globally, competition laws, regulatory approaches and enforcement models are the subject of intense debate and, in many cases, fundamental reform. We are experiencing the largest wholesale reassessment and refinement of competition laws in decades. Australia has not been immune from this trend. (...)

Ioannis Lianos Agriculture and competition law

November 2022

The implementation of competition law in agriculture and, more broadly, the food sector constitutes an important area of study, of particular importance during this period of inflationary tendencies. The paper examines the broader competition policy issues that arise in the context of global (...)

David Bosco Illumina-Grail, the threefold error of the EU General Court

November 2022

The new interpretation of Article 22 of the Merger Regulation initiated by the European Commission has been confirmed by the General Court in the Illumina Grail case. However, it is clear that it is contrary to the spirit of the regulation. An administrative constraint with uncertain outcomes (...)

Nicolas Charbit, Fanny Méjane, Christophe Lemaire, Alain Ronzano For a New Deal in Competition Law: Open Letter to Emmanuel Macron

September 2022

Following the presidential election of April 24, 2022, the Editorial Board of the magazine Concurrences has launched a call to its readers to make proposals for reform to the President of the Republic and his new Government. The proposals below have been suggested by the readers of the magazine (...)

Romain Ferla Exemption from the suspensive effect of merger control: Should European and French decision-making practices be harmonized?

May 2022

The standstill obligation in merger control procedures is not an absolute principle. Both the French Competition Authority and the European Commission recognise the possibility of exceptional derogations to this principle. In times of crisis, requests for such derogations are more frequent, and (...)

Catherine Prieto EU Competition Law, Volume II: Mergers and Acquisitions (ed.3), JONES Christopher et WEINERT Lisa (dir.)

May 2022

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Thibault Sire The uneven playing field: How to deal with foreign subsidies when assessing mergers?

February 2022

It is sometimes argued that the European Commission should take into greater consideration foreign subsidies when assessing mergers under the EU Merger Regulation. However, the Commission’s decision-making practice confirms that foreign subsidies may be relevant for the assessment of mergers but (...)

Morten Broberg Broberg on the European Commission’s Jurisdiction To Scrutinise Mergers (ed.4), Morten P. BROBERG

December 2013

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

American Bar Association Premerger Notification Practice Manual (ed.5), American Bar Association

May 2015

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Caroline Cauffman, Hao Qian Procedural Rights in Competition Law in the EU and China, Caroline CAUFFMAN and Qian HAO

September 2016

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Jean-François Bellis, Porter Elliott Merger Control (ed.3), Jean-François BELLIS and Porter ELLIOTT

November 2017

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Events

Sean Heather, Eddy de Smijter, Jacques Buhart, Frédéric Pradelles, Hendrick Viane, Stéphane Dionnet EU Foreign Subsidies: A US perspective

30 March 2023

The “EU Foreign Subsidies: A US Perspective” Conference organized by Concurrences in partnership with McDermott Will & Emery took place in Washington D.C on March 30th, 2023.

Hervé Jouanjean, Margrethe Vestager, Salomé Cisnal De Ugarte, Jens-Olrik Murach, Alain Alexis, Christof Schoser Foreign Subsidies : Towards enforcement of the eu regulation

6 March 2023

The “Foreign Subsidies: Towards enforcement of the EU regulation” Conference organised by Concurrences in partnership with King & Spalding, Willkie Farr & Gallagher and Avisa Partners, with the participation of Margrethe Vestager, took place in Brussels on March 6th, 2023.

Mélanie Thill-Tayara, Laurent Flochel, Étienne Chantrel, Laurence Bary, Rani A. Habash, Mike Walker, Marc Zedler, Marianela Lopez-Galdos, Sophie Pelé, Marjolein De Backer, Thibault Sire, Celine Darrigade, Ief Daems, Clemens York von Wartenburg, Marion Provost, Eric Amar, Stanislas de Guigné, Laurent Eymard, Karima El Sammaa, François Garnier, Alec J. Burnside, Simon Genevaz 10th Global Merger Control Conference

2 December 2022

The 10th edition of “Global Merger Control Conference” organised by Concurrences in partnership with Dechert, Brattle and CRA took place in Paris on December 2nd, 2022.

Frédéric Jenny, Carmelo Cennamo, David Teece, Tina Søreide, Stefan Hunt, Victor Oliveira Fernandes, Damien Gerard, Alessandro Massolo, Alexandre de Streel, Alessandra Tonazzi M&A and Digital: A More Dynamic Approach?

14 November 2022

The "M&A And Digital: A More Dynamic Approach?" Chatham House Rule style round-table, in partnership with Meta, featured key presentations by Carmelo Cennamo (Professor with special responsibilities of Strategy and Entrepreneurship, Copenhagen Business School (CBS)) and David Teece (Executive Chairman, Berkeley Research Group, San Francisco). The presentations, the debate and the Q&A were chaired by Frédéric Jenny (OECD - Competition Division).

Mette Alfter, Annemiek Wilpshaar, David Stewart, Vikram Kumar, Hanna Danwall, Clare Kelly, Mattijs Bosch, Damien Gerard, Dirk Middelschulte, Catriona Hatton, Matthew Levitt, Paul Lugard, John Taladay, Guillaume Loriot, Carel Maske, Eliana Garces, Taylor M. Owings, Raphaël De Coninck Global Antitrust Hot Topics EU, US & Global Perspectives

22 September 2022

10th Global Antitrust Hot Topics EU, US & Global Perspectives Conference organised by Concurrences, in partnership with Baker Botts, Cornerstone Research, Charles River Associates, Frontier Economics, Meta.

Iskandar Ismail, Reiko Aoki, Philip Monaghan, Laura Liu, Krystal Uy Sia Merger control in Asia - Pacific- Hong Kong, Japan, Malaysia, Philippines, China… (Antitrust in Asia #2)

18 October 2022

2nd webinar of the "Antitrust in Asia: One Size Fits All?” Conference organised by Concurrences, in partnership with Baker McKenzie and O’Melveny. The second panel "Merger Control In Asia - Pacific: Hong Kong, Japan, Malaysia, Philippines, China…" with Reiko Aoki (Commissioner, Japan Fair Trade Commission), Iskandar Ismail (Chief Executive Officer, Malaysia Competition Commission),Laura Liu (Partner, Baker McKenzie), Philip Monaghan (Partner, O’Melveny Myers) and Krystal Uy Sia (Director for Mergers and Acquisitions Office, Philippine Competition Commission).

Lise Damelet, Christof Schoser, Jérôme Vidal, Victoria Godefrood-Berra Foreign Subsidies: Towards Enactment of the EU Regulation

20 September 2022

The “Foreign Subsidies: Towards Enactment of the EU Regulation” webinar organised by Concurrences, in partnership with FTPA, with Lise Damelet (Partner, FTPA, Paris), Victoria Godefrood-Berra (Deputy Head of Competition & State aids Sector, Secrétariat Général des Affaires Européennes) and Christof Schoser (Head of Task Force Third-Country Subsidies, DG COMP).

Guillaume Loriot, Frédéric Jenny, María Luisa Tierno Centella, Bill Batchelor, Frederic Depoortere, Giorgio Motta, Chris Prevett, Ingrid Vandenborre, Jorge Padilla, Stéphane Dionnet EU Merger Control and Digital Markets

31 May 2022

EU Merger Control and Digital Markets Seminar organised by Concurrences at Hotel Amigo in Brussels, in partnership with Compass Lexecon and Skadden.

Juliette Caminade, Daniel Fasquelle, Thibault Schrepel, Antoine Chapsal, Andreas Mundt, Andrea Pezzoli, Claudia Berg, Jacques Moscianese, Xavier Boutin, Yann Guthmann, Oliver Bethell, Dina Waked, Laurence Bary, Vilen Lipatov, Olivier Fréget, Assimakis Komninos, David Foster, Fayrouze Masmi-Dazi Digital Antitrust: How to Regulate?

17 March 2022

3rd “Digital Antitrust: How to Regulate?” Conference organised by Concurrences, in partnership with Analysis Group, Dechert, Fréget Glaser & Associés, Frieh Associés, Frontier Economics, Intesa Sanpaolo, Meta, Positive Competition, Shearman & Sterling and White & Case.

Belinda Bagge, Esther Bitton, Étienne Chantrel, Mélanie Thill-Tayara, Guillaume Loriot, Laurent Flochel, Celine Darrigade, Fernando Jimenez, Marie-Anne Lavergne, Christof Schoser, Sophie Pelé, Simon Genevaz, Nicola Tosini, Grania Holzwarth, Caroline Medina, Nick Woodrow, Laurence Bary, Marjolein De Backer, Molly Herron, Isabelle De Silva, Kélig Bloret Dupuis 9th Global Merger Control Conference

3 December 2021

Annual Global Merger Control Concurrences & Dechert conference organised in Paris, with the support of Dechert, Charles River Associates and Nera Economic Consulting.

Mike Cowie, Pauline A. Kennedy, Thomas Horton, Noel Watson-Doig, Niels Christian Ersbøll, Norbert Maier Antitrust in Life Sciences #2 Life Science Mergers II: Innovation, Exclusion & Killer Acquisitions

23 June 2021

2nd webinar of the 2nd « Antitrust in Life Sciences » Conference organised by Concurrences, in partnership with Arnold & Porter, Bates White Economic Consulting, Copenhagen Economics and Dechert, with Mike Cowie (Partner, Dechert), Niels Ersbøll (Partner, Arnold & Porter), Thomas Horton (Professor, University of South Dakota), Pauline Kennedy (Principal, Bates White Economic Consulting), Norbert Maier (Managing Economist, Copenhagen Economics) and Noel Watson-Doig (Senior Counsel Global Pharma Competition Law and Legal Operations, GSK).

Paul Csiszar, Stacy Frazier, Kyriakos Fountoukakos, Robert Willig, Josh Kaul, Stephen Weissman Antitrust in Life Sciences #1 Life science mergers I: New US and EU rules & recent cases

22 June 2021

1st webinar of the 2nd « Antitrust in Life Sciences » Conference organised by Concurrences, in partnership with Gibson Dunn and Herbert Smith Freehills, with Paul Csiszar (Director - Basic Industries, Manufacturing and Agriculture, DG COMP), Kyriakos Fountoukakos (Managing Partner, Herbert Smith Freehills), Stacy E. Frazier (Executive Counsel - Competition Law and Policy, General Electric), Josh Kaul (Attorney General, Wisconsin Department of Justice), Stephen Weissman (Partner, Gibson Dunn) and Robert Willig (Professor, Princeton University).

Marie-Anne Lavergne, Orion Berg, Tilman Kuhn, Farhad Jalinous, Stefan Amarasinha, Dr. Angelika Milger Increasing FDI scrutiny in the EU: What does this mean in practice?

2 February 2021

Webinar organised by Concurrences, in partnership with White & Case, with Stefan Amarasinha (Policy Officer, DG TRADE), Orion Berg (Counsel, White & Case, Paris), Farhad Jalinous (Partner, White & Case, Washington D.C.), Tilman Kuhn (Partner, White & Case, Düsseldorf/Brussels), Marie-Anne Lavergne (Cheffe du bureau du contrôle des investissements étrangers, French Treasury), and Angelika Milger (Government Counsel - Division VB1, German Federal Ministry for Economic Affairs and Energy).

Alexander Baker, Catriona Hatton, Joel Bamford, Rameet Sangha, Manish Das UK Mergers after Brexit: Disruption or continuation?

24 February 2021

Webinar of the "Law & Economics" Series organised by Concurrences, in partnership with Baker Botts and Compass Lexecon, with Joel Bamford (Senior Director of Mergers, UK Competition and Markets Authority), Manish Das (Head of Competition Law, Lloyds Banking Group), Alexander Baker (Managing Director, Fingleton), Rameet Sangha (Senior Vice President, Compass Lexecon) and Catriona Hatton (Partner, Baker Botts).

Nicholas Levy, Antoine Chapsal WEBINAR #2 Mergers: Filing, review… Is it a 100 % deadlock situation?

9 April 2020

Webinar on mergers as part of the "Quarantine Webinar Series" organised by Concurrences with Nicholas Levy (Partner, Cleary Gottlieb), and, Antoine Chapsal (Partner, Analysis Group).

Books

Paulo Burnier da Silveira, Pamela Sittenfeld Merger Control in Latin America

27 October 2020

Following significant reforms over the last 20 years, merger control regimes in Latin America now constitute around 20% of merger regimes worldwide. In regard to global transactions that may trigger the notification thresholds in many of these jurisdictions, it became necessary that an (...)

Chapters

Sonia Kuester Pfaffenroth Competition Law Treatment of Joint Ventures United States

2 Nov 2022

UNITED STATES Sonia Kuester Pfaffenroth and Barbara Wootton Arnold & Porter Competition Law Treatment of Joint Ventures715 Part 1: Joint Ventures and Merger Control Legislation, Regulations and Guidelines Please identify the relevant merger control legislation in your jurisdiction and provide (...)

Anthony Gamble, Gavin Bushell Competition Law Treatment of Joint Ventures United Kingdom

2 Nov 2022

UNITED KINGDOM Gavin Bushell, Anthony Gamble and Karoline Phillips Baker McKenzie Competition Law Treatment of Joint Ventures677 Part 1: Joint Ventures and Merger Control Legislation, Regulations and Guidelines Please identify the relevant merger control legislation in your jurisdiction and (...)

Mykhailo Lazoryshynets, Timur Bondaryev Competition Law Treatment of Joint Ventures Ukraine

2 Nov 2022

UKRAINE Timur Bondaryev and Mykhailo Lazoryshynets Arzinger Law Firm Competition Law Treatment of Joint Ventures645 Part 1: Joint Ventures and Merger Control Legislation, Regulations and Guidelines Please identify the relevant merger control legislation in your jurisdiction and provide a short (...)

David Mamane Competition Law Treatment of Joint Ventures Switzerland

2 Nov 2022

SWITZERLAND David Mamane and Amalie Wijesundera Schellenberg Wittmer Competition Law Treatment of Joint Ventures617 Part 1: Joint Ventures and Merger Control Legislation, Regulations and Guidelines Please identify the relevant merger control legislation in your juris diction and provide a short (...)

Inigo Igartua, Laura Lence de Frutos, Miguel Troncoso Ferrer Competition Law Treatment of Joint Ventures Spain

2 Nov 2022

SPAIN Laura Lence de Frutos, Iñigo Igartua Arregui and Miguel Troncoso Ferrer Gómez Acebo & Pombo SLP Competition Law Treatment of Joint Ventures587 Part 1: Joint Ventures and Merger Control Legislation, Regulations and Guidelines Please identify the relevant merger control legislation in your (...)

Jean Meijer, Sandhya Foster, Stewart Payne Competition Law Treatment of Joint Ventures South Africa

2 Nov 2022

SOUTH AFRICA Jean Meijer, Sandhya Foster and Stewart Payne Herbert Smith Freehills Competition Law Treatment of Joint Ventures525 Part 1: Joint Ventures and Merger Control Legislation, Regulations and Guidelines Please identify the relevant merger control legislation in your jurisdic\?fi? - (...)

Competition Law Treatment of Joint Ventures South Korea

2 Nov 2022

SOUTH KOREA Cecil Saehoon Chung and Keon Woong Kim Yulchon LLC Competition Law Treatment of Joint Ventures561 Part 1: Joint Ventures and Merger Control Legislation, Regulations and Guidelines Please identify the relevant merger control legislation in your jurisdiction and provide a short (...)

Roman Vedernikov Competition Law Treatment of Joint Ventures Russia

2 Nov 2022

RUSSIA Roman Vedernikov and Dmitry Domnin ALRUD Law Firm Competition Law Treatment of Joint Ventures459 Part 1: Joint Ventures and Merger Control Legislation, Regulations and Guidelines Please identify the relevant merger control legislation in your jurisdiction and provide a short overview of (...)

Competition Law Treatment of Joint Ventures Singapore

2 Nov 2022

SINGAPORE Scott Clements Allen & Gledhill LLP Competition Law Treatment of Joint Ventures489 Part 1: Joint Ventures and Merger Control Legislation, Regulations and Guidelines Please identify the relevant merger control legislation in your jurisdiction and provide a short overview of the merger (...)

Jaroslaw Sroczynski Competition Law Treatment of Joint Ventures Poland

2 Nov 2022

POLAND Jaroslaw Sroczynski Markiewicz & Sroczynski GP Competition Law Treatment of Joint Ventures423 Part 1: Joint Ventures and Merger Control Legislation, Regulations and Guidelines Please identify the relevant merger control legislation in your jurisdiction and provide a short overview of (...)

Competition Law Treatment of Joint Ventures Mexico

2 Nov 2022

MEXICO Fernando Carreño Núñez de Álvarez, Mónica Guadalupe Cabeza de Vaca Orozco and Michel Llorens Zapata Von Wobeser y Sierra Competition Law Treatment of Joint Ventures391 Part 1: Joint Ventures and Merger Control Legislation, Regulations and Guidelines Please identify the relevant merger control (...)

Swati Bala Competition Law Treatment of Joint Ventures India

2 Nov 2022

INDIA Arshad (Paku) Khan, Pranjal Prateek and Swati Bala Khaitan & Co Competition Law Treatment of Joint Ventures319 Part 1: Joint Ventures and Merger Control Legislation, Regulations and Guidelines Please identify the relevant merger control legislation in your jurisdiction and provide a (...)

Competition Law Treatment of Joint Ventures Germany

2 Nov 2022

GERMANY Christian Steinle and Mario Meinzer Gleiss Lutz Competition Law Treatment of Joint Ventures279 Part 1: Joint Ventures and Merger Control Legislation, Regulations and Guidelines Please identify the relevant merger control legislation in your jurisdiction and provide a short overview of (...)

Didier Theophile Competition Law Treatment of Joint Ventures France

2 Nov 2022

FRANCE Didier Théophile Darrois Villey Maillot Brochier Competition Law Treatment of Joint Ventures245 Part 1: Joint Ventures and Merger Control Legislation, Regulations and Guidelines Please identify the relevant merger control legislation in your jurisdiction and provide a short overview of (...)

Alastair Mordaunt, Andrea L. Hamilton, Niko Hukkinen Competition Law Treatment of Joint Ventures European Union

2 Nov 2022

EUROPEAN UNION Niko Hukkinen Frontia Attorneys Ltd Andrea Hamilton Milbank LLP Competition Law Treatment of Joint Ventures203 Part 1: Joint Ventures and Merger Control Legislation, Regulations and Guidelines Please identify the relevant merger control legislation in your jurisdiction and (...)

a b c d e f g h i j k l m n o p r s t u v w

a

Absolute territorial protection • Abuse of dominant position • Abuse of economic dependence • Access to essential facility • Access to information • Access to the file • Actual competitor • Administered prices • Advocacy • Agency agreement • Agent • Agreement (notion) • Amicus curiae • Ancillary restraints • Annulment • Anticompetitive object or effect • Anticompetitive practices • Antitrust • Applicable law • Arbitration • Article 11 letter • Automotive distribution

b

Barriers to entry • Bertrand (Nash) equilibrium • Bid rigging • Black cause • Block exemption (Regulation) • Boycott • Brand competition • Bundling • Burden of proof • Business secrets • Buyer power

c

Cartel • Clearance phase I (merger) • Clearance phase II (merger) • Collecting society • Collective dominance • Collective redress (class action) • Collusion • Comity • Commission Notice • Competence • Competition policy • Complaint • Compliance programme • Compulsory license • Concentration indexes • Concerted practices • Concession • Concurrent jurisdiction • Consortium • Consumers protection • Consumers’ associations • Control (change) • Control (notion) • Cooperation Agreement • Cooperation between competition authorities • Coordinated effects • Copyright • Corporate group • Corruption • Cost-based access • Cournot (Nash) equilibrium • Criminal sanctions • Cross subsidisation

d

Damages • Dawn raids • De minimis notice • Digital Markets Act • Direct effect • Discriminatory practices • Distribution agreement • Divestiture • Dominance (notion)

f

Failing firm defence • Fidelity rebates • Fine • Fine mitigating • Foreign direct investment (FDI) • Foreign Subsidies • Form CO • Franchising • FRAND • Free riding

g

GAFAM • Geographic market • Group purchasing organization • Guidelines • Gun jumping

h

Hard core restrictions • Hearing officer • Horizontal agreement • HSR Filing (US)

i

Imputability • Independence and impartiality • Individual exemption • Industrial policy • Intellectual property right • Inter-brand competition • Interim measures • International co-operation • International competition network (ICN) • Investigations / inquiries

j

Joint control • Joint venture • Judicial review

k

Know-how

l

Legal privilege • Leniency • Lerner index • Letter of formal notice • Letter of rejection of complaints • Licensing • Limitation period • Low prices

m

Mandatary (distribution) • Margin squeeze • Marginal costs • Market economy investor • Market of goods or services • Market power • Market share • Media pluralism • Merger (notion) • Merger (prohibition) • Merger (withdrawal) • Merger control procedure • Merger remedies • Minority shareholdings • Misinformation • Monopoly

n

Ne bis in idem • Network effect • Non-compete obligation • Notification • Nullity

o

Oligopoly

p

r

R&D agreement • Referral (merger) • Refusal to deal • Regulated prices • Regulation • Relevant market • Remedies (antitrust) • Request for information • Resale below cost • Resale price maintenance (RPM) • Restriction on exportation • Right against self-incrimination • Rights of defence • Rule of reason

t

Technology transfer • Test SIEC (merger) • Test SLC (merger) • Transfer pricing • Transparency • Trustee (mergers) • Turnover threshold (merger) • Two-sided market • Tying or tied selling

u

Undertaking (notion) • Unfair commercial practices • Unfair competition • Universal service • Upstream market

v

Variable costs • Vertical agreement • Vertical restraints (or restrictions)

w

White clause