European Merger Control Law: A Guide to the Merger Regulation

Volume 1

Chapter 1 Overview

Chapter 2 Legislative History and Legal Basis

Chapter 3 Implementation and Enforcement

Chapter 4 Application and Evolution

Chapter 5 Concentrations

Chapter 6 Jurisdictional Thresholds

Chapter 7 The Division of Powers Between the Commission and the Member States

Chapter 8 Definition of the Relevant Market

Chapter 9 Market Share Calculation and Assessment

Chapter 10 Substantive Appraisal

Chapter 11 Unilateral Effects

Chapter 12 Conglomerate Effects

Chapter 13 Vertical Effects

Chapter 14 Coordinated Effects

Chapter 15 Efficiencies and the Failing Firm Defense

Chapter 16 Spill-Over Effects of Joint Ventures

Chapter 17 Notification and Administrative Procedure

Chapter 18 Remedies

Chapter 19 Ancillary Restraints

Chapter 20 Judicial Review

Chapter 21 Application of Articles 101 and 102 to Concentrations and Other Acquisitions

Chapter 22 International Cooperation

Volume 2

Chapter 23 U.S. Merger Control Law

Chapter 24 The Role of Economics in European Merger Control

Chapter 25 Competition Law Issues in the M&A Deal Process

Table of Cases

Table of Legislation

Index

Appendix 1 Council Regulation (EC) No 139񳏄 of 20 January 2004 on the control of concentrations between undertakings

Appendix 2 Commission Regulation (EC) No 802񳏄 of 7 April 2004 implementing Council Regulation (EC) No 139񳏄 on the control of concentrations between undertakings

Appendix 3 Form CO relating to the notification of a concentration pursuant to Regulation (EC) No 139񳏄, 2013 O.J. L336ǚ

Appendix 4 Short Form CO for the notification of a concentration pursuant to Regulation (EC) No 139񳏄, 2013 O.J. L336ቮ

Appendix 5 Form RS relating to reasoned submissions pursuant to Article 4Ɣ) and ƕ) of Council Regulation (EC) No 139񳏄, 2013 O.J. L336ቹ

Appendix 6 Commission Consolidated Jurisdictional Notice under Council Regulation (EC) No 139񳏄 on the control of concentrations between undertakings

Appendix 7 Commission Notice on the definition of relevant market for the purposes of Community competition law ခ/C 372቟)

Appendix 8 Guidelines on the assessment of horizontal mergers under the Council Regulation on the control of concentrations between undertakings 񢉔/C 31቟)

Appendix 9 Commission Guidelines on the assessment of non-horizontal mergers under the Council Regulation on the control of concentrations between undertakings

Appendix 10 Commission Notice on restrictions directly related and necessary to concentrations 񢉕/C 56቟)

Appendix 11 Commission Notice on remedies acceptable under Council Regulation (EC) No 139񳏄 and under Commission Regulation (EC) No 802񳏄

Appendix 12 Form RM relating to the information concerning commitments submitted pursuant to Article 6ƒ) and 8ƒ) of Regulation (EC) No 139񳏄

Appendix 13 Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139񳏄

Appendix 14 Commission Notice on Case Referral in respect of concentrations

Appendix 15 Case Team Allocation Request Form

Appendix 16 Divestiture Commitments: Model Texts and Best Practice Guidelines Ώ] Standard Model for Divestiture Commitments ΐ] Standard Model for Trustee Mandate Α] Explanatory Note on the Commission's Model Texts for Divestiture Commitments and the Trustee Mandate under the EC Merger Regulation

Appendix 17 EU Merger Notification and Procedures Template

Appendix 18 DG Competition Best Practices on the conduct of EC merger control Proceedings

Appendix 19 Best Practices on cooperation in merger investigations US-EU Merger Working Group

Appendix 20 DG Competition Best Practices for the submission of economic evidence and data collection in cases concerning the application of Articles 101 and 102 TFEU and in merger cases

Appendix 21 Court of Justice and General Court Practice Directions

Appendix 22 U.S. 2010 Horizontal Merger Guidelines

Appendix 23 1984 DOJ Merger Guidelines, Section 4

Appendix 24 Hart-Scott-Rodino Filing Form

Appendix 25 Notes to the Hart-Scott-Rodino Filing Form

Appendix 26 Sherman Act

Ώ] Section 1

ΐ] Section 2

Appendix 27 Clayton Act

Ώ] Section 1

ΐ] Section 7

Α] Section 7A

Β] Section 16

Appendix 28 Federal Trade Commission Act Section 5

Appendix 29 National Cooperative Research and Production Act

Ώ] Section 1

ΐ] Section 2

Α] Section 3

Β] Section 4

Γ] Section 5

Δ] Section 6

Appendix 30 Member State Merger Control Laws and Agencies

Ώ] Member States' Merger Control Thresholds

ΐ] Member States' Merger Control Agencies

Appendix 31 Merger Control Statistics 1990 through 2013

Appendix 32 Leading Cases By Sector