CASE COMMENTS : PROCEDURES - MERGER CONTROL - ARTICLE 21 PROCEDURE

Merger control - Article 21 Reg. 139/2004: The General Court rules that following the withdrawal of a planned merger, the Commission lacks competence to rule on Member State’s public interest under Art. 21 procedure Reg. 139/2004 (Schemaventotto)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Trib. UE (ord.), 2 September 2010, Schemaventotto v. Commission, Case T-58/09 Ruling by way of order on a plea of inadmissibility, the Court of First Instance dismissed as inadmissible the action brought by an Italian undertaking against a Commission decision concerning the application of Article 21 of Regulation No 139/2004 on the control of concentrations. This provision allows Member States to take "appropriate measures" for the protection of legitimate interests such as public security, media plurality and prudential rules, as well as any other public interest communicated by the Member State concerned and recognised by the Commission as compatible

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  • European Court of Justice (Luxembourg)

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Pascal Cardonnel, Merger control - Article 21 Reg. 139/2004: The General Court rules that following the withdrawal of a planned merger, the Commission lacks competence to rule on Member State’s public interest under Art. 21 procedure Reg. 139/2004 (Schemaventotto), 2 September 2010, Concurrences N° 4-2010, Art. N° 33172, pp. 199-200

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