EU Merger Regulations 2004 (EUMR)

Revision Cards for pop quiz. All answers must include reference to specific Articles in which the information can be found.

What is the test for determining whether a concentration is covered by the EUMR 2004?

1) Determine whether the purchase is a concentration (Article 3)

2) Determine whether the concentration has a union dimension by assessing its turnovers (Article 1)

What concentrations are covered by the EUMR? (Include Articles)

• Mergers - Article 3(1)(a)

• Aquisitions - Article 3(1)(b)

• Full Function Joint Ventures - Article 3(4)

When is a concentration covered under the EUMR for the purposes of Article 1(2) ?

a) There is a combined world undertaking of 500 million (5 billion), and
b) The union-wide undertaking is 250 million

• unless each of the undertakings concerned produce more than 2/3 of its union-wide turnover in one Member State

When is a concentration covered under the EUMR for the purposes of Article 1(3) ?

a) Combined world turnover is 2,500 million (2.5 billion)

b) A turnover of at least 100 million across at least three member states

c) in those three memberstates, a turnover of at least 25 million in two of them, and

d) The union wide turnover of at least two undertakings is more than 100 million

What Article covers the calculation of turnovers?

Article 5

What is the principle of the one-stop-shop?

• Concentrations that are covered by the EUMR are ONLY covered by the Commission instead of a MS Competition Authority - Article 21(2)

What are the two exceptions to the one-stop-shop principle?

• The commission may decide to reffer a case to an MS Competition Authority (Article 4(4); Article 9)

• An MS may reffer a case to the Commission even if there is no union dimension (Article 4(5); Article 22)

When may an undertaking be fined by the Commission?

• Negligently or intentionally failing to notify the Commission of a concentration - (Article 4 breach)

• Implementing a concentration before the Commission’s approval (Article 7 breach)