Enforcement and Procedure
- Elgar original reference
Edited by Ioannis Lianos and Damien Geradin
Chapter 5: Procedural aspects of merger control
Unlike many systems of merger control, the principal legal instruments of EU merger control – the Merger Regulation and the Implementing Regulation – contain detailed rules on the EU’s jurisdictional remit, the manner in which concentrations should be notified, the timetable for reviewing reportable concentrations and rendering an array of different decisions, the circumstances in which fines may be imposed and the rights of notifying and third parties. In addition, the Commission has adopted a series of Notices that explain the Commission’s thinking on an array of jurisdictional, substantive and procedural issues, codify the Commission’s decisional practice and take account of relevant judgments of the EU courts. Finally, unlike in certain other jurisdictions, including in particular the United States, the Commission publishes a detailed reasoned decision at the end of every investigation approving or prohibiting a transaction.
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