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Foreword: MERGER - EC MERGER REGULATION - JURISDICTIONNAL REVIEW

EC Merger Jurisdictionnal Review...

In its 2-2005 issue, the review “Concurrences” has published a much debated forword from CFI Judge Hubert Legal about a possible excessive jurisdictionnal control over the EC Commission merger decisions. This Foreword, by Prof. Denis Waelbroeck, offers a different opinion on the issue raised by H. Legal. The author states what should be in its opinion the EC merger jurisdictional review.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In its issue 2-2005, the magazine " "Concurrencespublished a remarkable editorial by Judge Legal 1 who was []concerned about the interference he considered excessive by the Community judge in the review of the Commission's decisions. In so doing, the eminent Judge raised a twofold question, namely, first, the quality of the evidence required for the Commission to legitimately authorise or prohibit a concentration [2], and, second, the practical scope of the review by the Community judicature, before which an action for annulment is brought against a Commission decision authorising or prohibiting a concentration. Evidentiary requirements for concentration

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Denis Waelbroeck, EC Merger Jurisdictionnal Review..., December 2005, Concurrences N° 4-2005, Art. N° 540, pp. 1-2.

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