DESCRIBE AND EVALUATE THE SYSTEM OF MERGER CONTROL IN THE EU
Álvaro Sierra Navarro.
* INTRODUCION, PAGE 3.
* THE MERGER CONTROL REGULATION. LEGAL BASIS. PAGE 5.
* PROCEDURE TO CONTROL MERGER OPERATIONS. PAGE 5.
* EVALUATION OF MERGER CONTROL SYSTEM IN THE EU. PAGE 9.
* CONCLUSION. PAGE 13.
* BIBLIOGRAPHY. PAGE 14.
First of all, I’d rather to describe what topic is going to deal. Pursuant the first article of the Merger Control Regulation, this regulation will be applied to all concentrations having a Community dimension. The Word “concentration” could be defined with three instances in which it shall be deemed to arise: (a) mergers, (b) acquisitions of control and (c) concentrative Joint ventures.
Following with the Merger Regulation Control, the third article, provide us a simple definition about concentration when (a) “two or more previously independent undertakings merge”, and we figure out when the companies concerned or involved are previously economically independent.
The three most common examples would be when (1) a company A and other company B transfer their assets and liabilities to form other different company called C, and then the first two companies will be dissolved. (2) Besides if one company acquires all of the shares of other one, and later are dissolved, but its shareholders still working in the first company. (3) Or other option could be that, the second company remains active as a subsidiary of the acquiring company.
By contrast, this regulation what we are talking about, would not apply when not all of the shares or assets of a company are acquired by another one.
Anyway, the most important requirement is that, the two companies must have been previously independent, because then the Merger Regulation Control will exclude from the scope those transactions in which one company, for instance, already controls other one. Besides, the term...