The EU Merger Regulation (PDF) Slaughter and （欧盟合并(PDF)屠宰和监管）.pdf

The EU Merger Regulation An overview of the European merger control rules June 2016 Contents 1. Introduction 1 2. Concentrations 3 3. EU dimension 5 4. Pre‑notification allocation of cases between the Commission and NCAs 8 5. Procedure for the notification of cases to the Commission 11 6. Exclusive jurisdiction and exceptions (including post‑notification reallocation of cases) 17 7. Substantive appraisal of concentrations 18 Annex 1: Outline of national merger control regimes in the EEA 25 Annex 2: Merger Regulation statistics (1990‑2015) 31 / The EU Merger Regulation 1. Introduction 1.1 The EU Merger Regulation provides a mechanism for the control of mergers and acquisitions at the 1 European level. The original Merger Regulation was adopted in 1989. It was revised and replaced by the current version of the Merger Regulation which came into force on 1 May 2004.2 When does the Merger Regulation apply? 1.2 The Merger Regulation applies to any “concentration” that has, or is deemed to have, an “EU dimension”: • “concentration”: This is a concept that is widely defined to cover mergers, acquisitions of control and the creation of full‑function joint ventures. The concept is considered further at Chapter 2 below; • “EU dimension”: A transaction has an EU dimension where certain turnover thresholds are met, as described at Ch