Dealing With Mergers

The Commission adopted a jurisdictional notice on the control of concentrations (the Notice) in July 2007. It is also currently in the process of finalizing a notice on merger remedies (the draft Notice), which was published in draft form in April 2007. This article looks at the Notice and draft Notice, and their impact on the scope of the Commission's jurisdiction to review mergers under the EU Merger Control Regulation and the treatment of remedies in merger cases. These initiatives are not new law. Rather, they are designed to set out guidance based on the Commission's experience in the mergers it has assessed to date and to reflect changes brought about by European Court case law and by the new Merger Regulation which came into force in 2004.

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