The calculation of the EU dimension in cases stemming from the Merger
Regulation – i.e., the test whether a concentration to be examined produces
effects at the Community level – is an issue that, thanks to Morten Broberg’s
extraordinary work, has transcended the legal uncertainty it might have
engendered. This classic has held the field through three editions since 1998.
Now, with this new Fourth Edition, Dr Broberg not only brings all his
penetrating analysis to bear on the newest official developments, but takes
into account recent case law and the ongoing legal literature in the field.
The structure of Dr Broberg’s presentation has not been altered, so the reader
will still find his thorough commentary and insight under the same headings.
However, the work has been generously updated, with particular attention to
the following major developments (among others):
-
the Commission’s Consolidated Jurisdictional Notice of 16 April 2008, which
replaced the various previous Commission notices dealing with jurisdiction;
-
the effects of the Lisbon Treaty; and
-
new perspectives on ‘undertakings concerned’, ‘groups’, and the notion of
control.
As before, the author provides detailed elucidation and guidance on the Merger
Regulation rules, such as those pertaining to financial year, taxes and
intra-group sales, geographic allocation of turnover, financial institution
and insurance undertakings, the EEA competition-enforcing system, and forum
shopping.
The book concludes with a discussion of the ‘real Union dimension’ and the
author’s recommendations for improving the delimitation of the Merger
Regulation’s jurisdiction. An annex reprints the 2004 Merger Regulation and
its implementing Commission regulations, as well as key Commission notices.
With the Fourth Edition, The European Commission’s Jurisdiction to Scrutinise
Mergers remains the definitive guide to the subject for businesses and their
legal advisors, as well for competition law enforcers at the EU and Member
State levels.
Prefaces.
1. Introduction.
2. The Undertakings Concerned.
3
. The Group.
4. The Basic Rules.
5. Geographic Allocation of
Turnover.
6. The Financial Sector.
7. The EEA Agreement.
8
. Forum Shopping under the Merger Regulation.
9. The Real Union
Dimension. Appendices.
