Content
1. the request of a Member State pursuant to Art. 22 (1) ECMR to the EU Commission to review a concentration, even though it does not meet the thresholds of Art. 1 ECMR, requires that the concentration is subject to national merger control in the Member State concerned or that the Member State has no national merger control.
merger is subject to national merger control in the Member State concerned or the Member State has no national merger control.
2 On the other hand, a request by a Member State pursuant to Art. 22 (1) ECMR cannot establish the European Commission's competence to review a concentration if the concentration in question is not subject to national merger control.
Keywords
EU antitrust law
Merger control
Competition