Merger Control Regulation definition
Examples of Merger Control Regulation in a sentence
In Tetra Laval / Sidel the acquirer was obliged under the French corporate law rules in force to acquire the remaining shares before the Commission’s decision under the European Merger Control Regulation, which turned out to be a prohibition.
In the Ryanair / Aer Lingus case, the bid was (under Irish law) conditional upon the Commission’s transaction approval and it lapsed when Phase II proceedings were initiated under the Merger Control Regulation.
Of course, the provisions of the Directive discuss the matter of control being acquired, which in turn should automatically render the transaction as already meeting the relevant criteria of the Merger Control Regulation.
The European Commission declared that the pending merger of JSC and Stone Container Corporation was compatible with the European Community Merger Control Regulation.
Article 21(1) of the Merger Control Regulation 139/2004 excludes applicability of Article 101 and 102 TFEU on market concentration through mergers or acquisition.233 Conduct carried out by the public body or undertakings entrusted with the operation of services of general economic interest.
Though no specific exclusionary clause is mentioned under Article 102 TFEU, following two types of conducts are excluded from the scrutiny of Article 102 TFEU: Conduct resulting in market concentration to be dealt according to the EC Merger Control Regulation 139/2004.
Comparatively, under the US antitrust law, the Bank Merger Act of 1966 offers a similar objective justification for disapproval of a merger where ‘the anticompetitive effects of the proposed transaction are clearly outweighed in the public interest by the probable effect of the transaction in meeting the convenience and needs of the community to be served’.160Under the EU Merger Control Regulation, the protection of jobs could be seen to fall under the ambit of a ‘legitimate interest’.
Hansen, Collective Dominance Under The EC Merger Control Regulation, C.M.L.R., 1993, 30, 787-828, p.
However the Merger Control Regulation preserves the right of Member States to take appropriate measures to protect „legitimate interests“ such as public security, plurality of the media and operation of prudential rules e.g. relating to the provision of financial services, if such interests are threatened by a merger.
Module 2 would be similar to the already existing EU Merger Control (Regulation 139/2004) in competition law, which also investigates acquisitions of EU companies.