| Commentary

69 Concentrations

| Commentary

69 Concentrations

EU competition law makes a distinction between ‘co-operative’ and ‘concentrative’ arrangements. Co-operative arrangements are assessed by the Competition Directorate-General applying Articles 101 and 102 of the Treaty on the Functioning of the European Union (formerly EC Treaty Articles 81 and 82); ‘concentrative’ arrangements are assessed by the Commission, applying the EC Merger Regulation1. For the EC Merger Regulation to apply, there must be a concentration with a Community dimension. The EC Merger Regulation provides that:

‘A concentration shall be deemed to arise where a change of control on a lasting basis results from:

  1. (a)    the merger of two or more

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