Updates & Corrigenda

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Dear Reader of "Essential EU Competition Law in Charts, 2011 Edition". Please take note of the following updates and corrigenda:

New legislation | p. 60

Page: 060 Chapter: 2.4 Merger control Chart Number: C43 Chart Title: Phase 2: appraisal of mergers

The box in the 2nd row, entitled “Test”, must read:


Art. 2 of Regulation 139/2004, Commission Guidelines on the assessment of horizontal mergers (2004) and Commission Guidelines on the assessment of non-horizontal mergers (2008):
Would the concentration lead to a Significant Impediment for Effective Competition in the internal market or in a substantial part of it, in particular through the strengthening or the creation of a dominant position?
(SIEC test)


The box entitled “… acceptable under certain conditions, Art. 8(2)” (at the bottom, in the middle) should read:

… acceptable under certain conditions,
Art. 8(2)

The concentration is declared compatible with the internal market under certain conditions. The undertakings enter into commitments vis-à-vis the Commission (“remedies”); Commission Notice on remedies (2008).
E.g. Commission Decision Exxon/Mobil (1999), decided under Regulation 4064/89/EEC; Commission Decision Hutchison 3G Austria/Orange Austria (2012)

The box entitled “… not acceptable, Art. 8(3)” (at the bottom, on the left hand side) should read:

… not acceptable, Art. 8(3)

The concentration is declared incompatible with the internal market.
E.g. Commission Decision General Electric/Honeywell (2004), General Electric (2005), Honeywell (2005); decided under Regulation 4064/89/ EEC; Commission Decision Ryan Air/Air Lingus (2013)


Published: 21 August 2014