ARTICLE - ARTICLE 22 OF THE EC MERGER REGULATION - MEMBER STATE REQUEST TO THE EC COMMISSION TO EXAMINE A CONCENTRATION WITHOUT A COMMUNITY DIMENSION - FRENCH AUTHORITIES POSITION

Interpration of Art. 22 EC Merger Reg.: Is the French position in line with EC practice?

Pursuant to Article 22 of the EC Merger Regulation on the control of concentration, a Member State can request the European Commission to examine a concentration that does not have a Community dimension. However, according to French authorities, the Minister of Economy can make such a request even though the concentration at hand does not have to be notified in France. The purpose of this article is to show, through an overview of cases where the Commission did accept an Article 22 request, the issues that the French position entails.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. Article 22 of the Merger Control Regulation, in its original version of 21 December 1989 ("Old Merger Regulation"), already offered the possibility for a Member State to refer a concentration without a Community dimension to the European Commission. Originally, this derogation from the normal rules of jurisdiction was mainly a means to deal with the fact that some Member States did not yet have merger control (notably Belgium, the Netherlands, Denmark and Finland). Since these States have now adopted merger control rules, Article 22 (or "Dutch clause" because of its origin) has been amended to extend the possibility of referral to the Commission to a

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Pierre Kirch, Christine Lio Soon Shun, Interpration of Art. 22 EC Merger Reg.: Is the French position in line with EC practice?, December 2007, Concurrences N° 4-2007, Art. N° 14302, pp. 45-49

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