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

5 Community Jurisdiction II: Notification and Review

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: 10 December 2019

Subject(s):
Merger control — Enforcement and procedure — Enforcement by EU Commission — Judicial review — Jurisdictional scope — Procedure under the Merger Regulation — Notification — Pre-notification — Fines/Penalties — Fines for Merger Regulation non-compliance — Burden and standard of proof
5.01 The Merger Regulation (EUMR)1 gives the Commission sole competence to deal with concentrations that have a Community dimension. Such transactions are likely to have a market impact going beyond the national borders of a member state.2 The Commission therefore excludes any national control from regulating concentrations that have a Community dimension and applies the ‘one-stop-shop’3 principle. 5.02 When, in 1989, the Council adopted the Merger Control Regulation,4 it was the express intention to create a system in which the member states and the Commission...
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