“the Commission Proposes, The Council Decides, The Court Interprets.” To What Extent Is This Statement An Accurate Assessment Of The Development Of Ec Competition Law With Respect To Mergers?

THE ec Competition Law and mergersCONTENTSINTRODUCTION 2SECTION 1 MERGER canon AND DEVELOPMENT 2SECTION 1 .1 ONE-STOP SHOP PRINCIPLE 4SECTION 1 .2 residential district DIMENSION 4SECTION 1 .3 ARTICLE 1 (2 )5SECTION 1 .4 THE 2 /3 RULE .5SECTION 1 .5 ARTICLE 21 (3 .5SECTION 1 .6 NATIONAL MERGER CONTROL formationS .6SECTION 2 THE committal atomic number 19 AND THE PROPOSED AMENDMENTS .8SECTION 2 .1 MANDATORY 3 SYSTEM .8SECTION 2 .2 REFERRAL SYSTEM .9SECTION 2 .3 ARTICLE 81 9SECTION 2 .4 STANDARD OF cogent evidence AND SCOPE OF juridic REVIEW .10SECTION 2 .5 IMPACT OF THE TETRA LAVAL II CASE .10SECTION 2 .6 EDP V COMMISSION 12SECTION 2 .7 ARTICLE 9 12SECTION 2 .8 ARTICLE 22 (3 .14SECTION 3 ENFORCEMENT GAP : ageing EC MERGER REGULATION 203 .15SECTION 3 .1 COUNCIL 15SECTION 3 .2 THE European COURT OF JUSTICE 16CONCLUSION 18BIBLIOG RAPHY 19IntroductionThe five principal(prenominal) institutions entrusted with carrying out the tasks of the companionship be , the Council , the direction , the European parliament the judiciary of Auditors and the Court of nicety . The foreign mission holds ii kinds of discriminatory powers , which argon ground on the first indent to article 211 (ex term clv . First , the Commission can turn actions against Member States when they are in breach of Community rightfulness under Article 226 (ex Article 169 ) EC . Second , The Commission acts in certain(prenominal) areas as investigator and as an sign forecast of a Treaty violation , whether by head-to-head firms or by Member States . Hence , there are certain band where the Commission acts as a judge and resolves disputes , and therefore it not only proposes but also decides . The two most grave areas are in reckon of disputation policy and convey help . The Commission s decisions are national to follow b y the Community s judiciary , which is norma! lly the Court of First exemplify or CFI .

This enables the Commission to devise current strategies in telling to particular aspects of disputation policy or state aids . Further , the Commission gives guidance to national courts in consider of the more precise meaning of in general enclose Treaty ArticlesSection 1 . Merger Regulation and DevelopmentMergers are really frequent in the Corporate Sector and ordinarily seize on place in to meet the requirements of dynamic competition resulting in improving growth and standard of living in the Community . The process of reform to the Merger Regulation commence d in July 2000 , with the subduedness of a report to the Council by the Commission in respect of the application and functioning of the Merger Regulation . On celestial latitude 11 , 2002 the European Commission published its design for a Council Regulation on the control of concentrations between undertakings Articles 1 (4 ) and (5 ) and 9 (10 ) of the EC Merger regulation included the Commission to review the turnover thresholds and the case referral rules and the Commission took this opportunity to bear come up the operation of the Regulation as a whole . The most...If you stick out to get a full essay, order it on our website: OrderCustomPaper.com

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