New E.C. Merger Control Test under Article 2 of the Merger Control Regulation, The Symposium on European Competition Law

Riesenkampff, Alexander | January 1, 2004

On November 25, 2003, the Council reached a political accord on amending the Merger Control Regulation. On January 20, 2003, the Council formally adopted the amendment as new Regulation No.139/2004. Article 2, Sec. 3 of the new regulation provides: “A concentration which would significantly impede effective competition, in the common market or in a substantial part of it, in particular as a result of the creation or strengthening of a dominant position, shall be declared incompatible with the common market.” This article begins by outlining the legislative history of the new Article 2. That preface is followed by the identification and explanation of the three main reasons for the amendment of Art. 2.