European merger control is among the most important and complex aspects of competition law. The rapid pace of development in this area presents a further challenge: legislation and guidance documents are frequently issued and updated, and the formidable body of Court and Commission case-law continues to grow at a daunting rate. This book provides a comprehensive treatment of EC merger control law and procedure. It adopts an integrated approach that embraces both the law and economics of merger control, supplemented throughout with practical insights drawn from the authors' own experience. The book blends practical and academic perspectives and addresses new and unsolved questions of EC merger control law. Highlights: Specific and detailed treatment of EC merger control Comprehensive and up-to-date overview of recent case-law and Commission guidance Detailed analysis of economic issues posed by the ECMR (e.g., market definition and SIEC test)
Dr. Michael Rosenthal is Managing Partner of the Brussels office and European head of the competition law practice group of an international law firm. Professor Dr. Stefan Thomas is professor for Civil and Corporate Law with particular focus on competition law at the University of Tubingen.
The book dissects the ECMR in its entirety and addresses the legal, economic, procedural and practical aspects of EC merger control. Historical and systematic overview of the ECMR International scope and context of application Jurisdiction, including allocation (jurisdictional test: "concentrations with Community dimension") and re-allocation ("referral mechanisms") of cases between the Commission and the national competition authorities in the EU The substantive analysis of concentrations, including the SIEC test and its application in relation to horizontal, vertical and conglomerate effects by the Commission (as reviewed by the European courts) Remedies Procedure Judicial review