"The Division of Jurisdiction Over Concentrations in the EEC"

Partan, Daniel G. (1991) "The Division of Jurisdiction Over Concentrations in the EEC". In: UNSPECIFIED, Fairfax, Virginia. (Unpublished)

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Abstract

[From the Introduction]. The EEC Merger Control Regulation divides jurisdiction over concentrations in a fashion that may appear straight forward but is actually quite complex. The basic outline is clear: concentrations that have a "Community dimension" fall within the Commission's jurisdiction, whereas those that lack a "Community dimension" do not. For the moment the "Community dimension" is measured by a three-part test: (1) Each of at least two undertakings must have an "aggregate worldwide turnover" exceeding ECU 5 billion;(2) each must have an "aggregate Community-wide turnover" of ECU 250 million; and (3) at least one of the undertakings must achieve more than one-third of its aggregate Community-wide turnover outside of a single EC member state. The Commission would have preferred lower thresholds (of ECU 2 billion and 100 million), respectively), and may get them when the matter is reviewed by the Council in 1993.

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