Merger control and foreign investments control: Lawyer’s reflexions

Recent affairs have illustrated that merger control and foreign investment control may be applied to the same operation. A comparison of both their scope and their legal regime demonstrates that the coexistence of these controls is necessary. However, it seems that within the European Union, the merger control mechanism does not enable an adequate control of foreign investments. According to the Lisbon Treaty, the division of competences should lead to confer the control of investments to the EU, while reconciling this control with the merger control mechanism.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. (This article was written as part of the dossier on investment control in the European Union under the direction of Ms Ch. Kaddous, Professor at the Geneva Law Faculty, published in the Journal of European Affairs). 1. On 4 November 2014, the French government gave its "formal green light" to the takeover of the energy division of the French industrialist Alstom by the American General Electric. The report of the Alstom group's board of directors mentions: "Authorisation under the decree on foreign investment in France has also been obtained. The Board of Directors has therefore decided to convene the Annual General Meeting on 19 December to put the

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  • University Paris II Panthéon‑Assas


Laurence Idot, Merger control and foreign investments control: Lawyer’s reflexions, May 2015, Concurrences N° 2-2015, Art. N° 72276, pp. 54-66

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