Overview

On the Merger Regulation's all-important element focusing on the Community dimension - i.e., the test whether a merger is to be examined by the European Commission or by the Member States - this classic has held the field since 1998. Now, with this new Third Edition, Dr. Broberg not only brings all his penetrating analyses to bear on the 'New' Merger Regulation of 2004, but takes into account recent case law and other sources of law as of 15 September 2005. The structure of Dr. Broberg's presentation has not been altered, so the reader will still find applicable commentary and insight under the same headings, which include the following: definition and types of enterprises involved in the merger ('undertakings concerned'); the 'group' and the notion of control; the special rules provided by the Merger Regulation - such as those pertaining to financial year, taxes and intra-group sales; geographic allocation of turnover; financial institution and insurance undertakings; the EEA competition-enforcing system; and forum shopping. The book concludes with a discussion of the 'real Community dimension' and the author's recommendations for improving the delimitation of the Merger Regulation's jurisdiction. An annex reprints the 2004 Merger Regulation and its implementing Commission regulations, as well as some key Commission notices. With the Third Edition, The European Commission's Jurisdiction to Scrutinise Mergers remains the definitive guide to the subject for businesses and their legal advisors, as well as for competition law enforcers at the EU and Member State levels.

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