Commentary

70 Requirement for a ‘Community dimension’

COMPANIES vol 11 acquisitions, mergers, demergers
| Commentary

70 Requirement for a ‘Community dimension’

| Commentary

70 Requirement for a ‘Community dimension’

The EC Merger Regulation only comes into operation if the concentration has a ‘Community dimension’ which is determined by reference to thresholds. The original threshold test provides that a concentration has a Community dimension where1:

  1. 70.1

        the combined aggregate worldwide turnover2; of all the undertakings concerned is more than EUR 5000 million; and

  2. 70.2

        the aggregate Community-wide turnover of each of at least two of the undertakings concerned is more than EUR 250 million,

unless each of the undertakings concerned achieves more than two-thirds of its aggregate Community-wide turnover within one and the same member

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