Notion of merger: The European Commission may have competence over a merger already cleared by a national authority by taking into account a set of transactions (Cementbouw)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – CFI, 23 February 2006, Cementbouw Handel & Industrie v Commission, Case T-282/02, not yet published in the ECR. Conditional approval of a merger sometimes has even more far-reaching consequences than certain prohibitions. The Haniel/Cementbouw/CVK Commission Decision of 26 June 2002 was an example of this (Case COMP/M.2650, OJEU No. L. 282 of 30 Oct. 2003, p. 1). As such, the dismissal by the Court of First Instance of the European Communities (CFI) on 23 February 2006 of the action brought by Cementbouw deserves attention comparable to that usually reserved for a judgment concerning a prohibition decision by the Commission. The main players in the