5 Community Jurisdiction II: Notification and Review
From: EU Merger Control: A Legal and Economic Analysis
Ioannis Kokkoris, Howard Shelanski
- 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...
