ON-TOPIC: MERGERS - INTERNATIONAL COOPERATION - EUROPEAN COMPETITION NETWORK - HARMONIZATION - REFERRALS

Towards a European merger control network

The European Competition Network (ECN), which is well-known as an effective mechanism of cooperation for the application of articles 101 and 102 TFEU, is not extended to merger rules. However, the need for cooperation in this area encouraged the Commission and the national competition authorities to use the possibility of referrals as an alternative to the system of reallocation of cases within the ECN. Moreover the Commission and the national competition authorities created the EU Merger Working Group. Is it necessary to extend the ECN to mergers rules and to go further in the way of harmonization of national and EU merger rules? Or can we consider that the present situation is quite acceptable?

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. General presentation Catherine Prieto Professor, Sorbonne Law School, University Paris 1 Panthéon-Sorbonne 1. Why is the European Competition Network (ECN) not competent for merger control? What is the difference between the ECN and the Advisory Committee created by Regulation 1989 and renewed by Regulation 2004? These are questions that master students systematically come up against. It seems natural to them that the European Competition Network, by the very generality of its name, is competent for all the competition rules of the Union and particularly for merger control. Indeed, why treat the preventive competitive analysis of merger control separately

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Authors

  • University of Paris I Panthéon-Sorbonne
  • University Paris II Panthéon‑Assas
  • University of Paris I Panthéon-Sorbonne
  • University of Würzburg
  • University of Aix-Marseille
  • DG COMP (Brussels)
  • French Competition Authority (Paris)
  • Norton Rose Fulbright (Paris)
  • Darrois Villey Maillot Brochier (Paris)
  • University of Tokyo
  • SGAE - Secrétariat Général des Affaires Européennes (Paris)

Quotation

Catherine Prieto, Laurence Idot, Martine Behar-Touchais, Florian Bien, David Bosco, Jose-Maria Carpi-Badia, Etienne Chantrel, Marta Giner Asins, Didier Theophile, Simon Vande Walle, Jérôme Vidal, Towards a European merger control network, September 2020, Concurrences N° 3-2020, Art. N° 95872, www.concurrences.com

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