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Competition Law

Competition Law (9th edn)

Richard Whish and David Bailey
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date: 04 June 2023

p. 84821. Mergers (2): EU lawlocked

p. 84821. Mergers (2): EU lawlocked

  • Richard WhishRichard WhishEmeritus Professor of Law at King’s College London
  •  and David BaileyDavid BaileyVisiting Professor of Law at King’s College London


This chapter provides an overview of EU merger control and the jurisdictional rules which determine whether a particular merger should be investigated by the European Commission or by the national competition authorities. It deals with procedural considerations such as the mandatory pre-notification to the Commission of mergers that have a Union dimension and the timetable within which the Commission must operate. It discusses the substantive analysis of mergers under the EU Merger Regulation (‘the EUMR’) and explains the procedure for the Commission to authorise a merger on the basis of commitments offered by the parties to address its competition concerns. Finally, it describes the Commission’s powers of investigation and enforcement, judicial review of Commission decisions by the EU Courts and cooperation between the Commission and other competition authorities, both within and outside the EU. The chapter concludes with an examination of how the EUMR merger control provisions work in practice.

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