PRACTICES - MERGER - NON-COMPETITION ISSUES - INDUSTRIAL POLICY - SOCIAL CONCERNS - PERSONAL DATA PROTECTION

Non-competition concerns under the ECMR - An overview

The attached table (see pdf) lists the EC merger cases where non-competition concerns were raised (industrial policy, social concerns, personal data protection etc.). A short article summarizes the issues raised by non-competition concerns in the ECMR. This short article is published with a detailed cases table which appears in the pdf version.

1. Under the European Community Merger Regulation (the “ECMR”), the European Commission (the “Commission”) cannot review mergers on the basis of considerations other than the protection of “effective competition”. Articles 2(2) and 2(3) of the ECMR confine the Commission's assessment to the question whether (or not) a merger transaction leads to a “significant impediment to effective competition”. Hence, the Commission cannot forbid a pro-competitive merger that raises, for instance, employment concerns (expected cuts in the workforce). Conversely, the Commission cannot clear an anticompetitive merger that is

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Author

  • Liège University - IEJE

Quotation

Nicolas Petit, Non-competition concerns under the ECMR - An overview, December 2008, Concurrences Review N° 4-2008, Art. N° 51681, pp. 182-187

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