"Subsidiarity and the European Merger Regulation: Retrospect and prospect"

Morgan, Eleanor J. (1997) "Subsidiarity and the European Merger Regulation: Retrospect and prospect". In: UNSPECIFIED, Seattle, WA. (Unpublished)

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Abstract

This paper examines the EU Merger Regulation, which came into force in September 1990, as an example of supranational merger control. Soon after its introduction, the Regulation was said to be an "excellent example of how subsidiarity can be put into practice" (Brittan, 1992). Yet the paper shows the difficulties involved in specifying the division of jurisdiction over mergers between the EU and member states and in revising its provisions in the light of experience. The paper provides a critical evaluation of the main proposals for change following the Green Paper of January 1996. It focuses in particular on the moves to widen the Regulation’s coverage of joint ventures and to revise the current thresholds.

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