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ARTICLE · 24 FEBRUARY 2004

New EC Merger Control Rules in Place

Morrison Foerster
Morrison Foerster
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On January 20, the Council of Ministers adopted Council Regulation (EC) No. 139/2004 concerning the control of concentrations between undertakings (Regulation 139/2004). This new regulation, which replaces Regulation 4064/89, significantly increases the powers of the Commission to review and, if necessary, block transactions having a Community dimension, while at the same time bringing more flexibility to the review process. Regulation 139/2004 will enter into force on May 1, 2004.

BelgiumMedia, Telecoms, IT, Entertainment
Christopher Norall
Christopher Norall
Rony Gerrits
Rony Gerrits
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On January 20, the Council of Ministers adopted Council Regulation (EC) No. 139/2004 concerning the control of concentrations between undertakings (Regulation 139/2004).1 This new regulation, which replaces Regulation 4064/89, significantly increases the powers of the Commission to review and, if necessary, block transactions having a Community dimension,2 while at the same time bringing more flexibility to the review process. Regulation 139/2004 will enter into force on May 1, 2004.

Regulation 139/ 2004 introduces a new substantive test, according to which the Commission may block a transaction 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."

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