The Control of Community Concentrations Under Regulation No 139/2004

158 Pages Posted: 10 Oct 2014

See all articles by Magdalena Laskowska

Magdalena Laskowska

Université Paris II - Panthéon-Assas

Date Written: 2007

Abstract

In my paper I examine CONCENTRATIONS OF COMMUNITY DIMENSION: I. THE EVOLUTION OF COMMUNITY MERGER CONTROL SYSTEM. MERGER LEGISLATION AND ITS OBJECTIVES - the evolution of merger legislation and the objectives of merger control policy; II. GENERAL REMARKS ON CONCENTRATIONS OF COMMUNITY DIMENSION; III. THE CONCEPT OF CONCENTRATIONS: 1. The concept of control (under Article 3(2), (3) of the ECMR) and 2. Forms of concentrations: mergers and acquisitions of control; IV. TYPES OF THE ACQUISTIONS OF CONTROL: 1. Sole control and 2. Joint control; V. TURNOVER; VI. ANCILLARY RESTRAINTS.

Part II concerns the procedure of control.

In part III I have proceeded to THE ASSESSMENT OF COMPATIBILITY OF CONCENTRATIONS WITH THE COMMON MARKET: I. GENERAL FRAMEWORK; II. THE CONCEPT OF THE RELEVANT PRODUCT AND GEOGRAPHIC MARKET: 1. The notion of the relevant market and 2. Evidence to define markets; III. MARKET POWER: 1. The concept of market power, 2. Market shares as a starting point of the analysis of market power, and 3. Other sources of market power; IV. POTENTIAL ANTI-COMPETITIVE EFFECTS OF HORIZONTAL MERGERS; V. COUNTERVAILING FACTORS: 1. Supply structure, 2. Demand structure, and 3. the existence of potential competition (entry barriers and market contestability); VI. EFFICIENCIES; VII. THE CONCEPT OF A DOMINANT POSITION VERSUS THE SLC TEST; VIII. AMERICAN CONCENTRATIONS ANALYSIS, and IX. FRENCH CONCENTRATIONS ANALYSIS. COMPETITIVE AND ECONOMIC BALANCE.

Keywords: concerntrations of Community dimension, market power, efficiency gains, competitive and economic balance

Suggested Citation

Laskowska, Magdalena, The Control of Community Concentrations Under Regulation No 139/2004 (2007). Available at SSRN: https://ssrn.com/abstract=2507277 or http://dx.doi.org/10.2139/ssrn.2507277

Magdalena Laskowska (Contact Author)

Université Paris II - Panthéon-Assas ( email )

12 place du Pantheon
Paris cedex 06, 75231
France

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