Completing the Internal Market of the European Community - 1992 Legislation : 1995 Basic Work

On 21st September 1990, Regulation 4064/89 on The Control of Concentrations in the European Economic Community entered into force. The early life of the Regulation's application confirmed that it is a major instrument of competition policy at the Community Level, with a significant quantity of cases having been examined by the Commission's Merger Task Force. This timely work undertakes a comprehensive commentary on the Regulation & on its implementing provisions. Both the substantive law (definition of concentrations, criteria for appraisal of concentrations etc.), & powers of decision & procedural matters are analysed in the light of the case law of the Court of Justice & of Commission practice in related matters (such as Articles 85 & 86 of the EEC Treaty). The appraisal of concentrations not having a 'community dimension' is examined. Commission decisions issued within the first eight months of the Regulation's application are considered, & shed a first light on the Commission's policy. This work guides practitioners in completing Form CO (notification of concentrations with a Community dimension to the Commission). The Regulation is placed in an historic & comparative perspective, & is compared to concentration control in the ECSC (since 1951), & to the application of Articles 85 & 86 of the EEC Treaty to concentrations. Finally, the relationship between Articles 85 & 86 & the Regulation itself, is carefully examined. The appendices include the text of the Regulation, Commission Regulation 2367/90 on notifications, time limits & hearings, & the two Commission Notices on restrictions ancillary to concentrations, & concentrative & cooperative operations.Brealey, Mark is the author of 'Completing the Internal Market of the European Community - 1992 Legislation : 1995 Basic Work', published 1995 under ISBN 9781853338380 and ISBN 1853338389.