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Test of Dominance and Unilateral Effects

Author: Jean-Cyril BERMOND

Type: Free Article : News

ref: 1200477-84

N0:1 of 2004

Pages: 77-84


Following the EU Competitiveness Council of Ministers on November 27, 2003, the Member States reached a unanimous political agreement in favour of the new Merger Regulation.
This new Regulation introduces a lot of changes, such as flexibility into the investigation timeframes and reinforcement of the “one-stop-shop” concept. Furthermore, the new legal text alters the mechanism of merger control. Henceforth, the European Commission takes into account not only the classical test of dominance but includes also unilateral effects.
This method is a new approach in European Competition Law and the question raise about what will be the practice of the Commission regarding control of the concentrations in the years to come.

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