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EU Merger Control - A Legal and Economic Analysis by Kokkoris, Ioannis; Shelanski, Howard (1st January 2014)

4 Community Jurisdiction I: Concentration and Control

From: EU Merger Control: A Legal and Economic Analysis

Ioannis Kokkoris, Howard Shelanski

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 21 September 2019

Subject(s):
Merger control — National enforcement — Application of EU competition rules — Joint ventures — Co-operative joint ventures — Ancillary restrictions — Oligopoly, control of — National Courts
4.01 Most competition law regimes place high importance on the control of mergers, because mergers cannot be treated in the same way as other potentially anticompetitive practices. Accordingly, the first EU Treaty, the European Coal and Steel Community (ECSC) Treaty, expressly dealt with merger control in Article 66(1)–(6). The fact that such an express provision had been omitted from the EEC Treaty suggested that the control of mergers was not to be encompassed within the EEC competition law regime. However, the application by the Commission first of Article 102...
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