“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 economy 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 agency 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 judicial 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 : overage EC MERGER REGULATION 203 .15SECTION 3 .1 COUNCIL 15SECTION 3 .2 THE European COURT OF JUSTICE 16CONCLUSION 18BIBLI OGRAPHY 19IntroductionThe five principal(prenominal) institutions entrusted with carrying out the tasks of the residential district be , the Council , the direction , the European parliament the judiciary of Auditors and the Court of arbiter . The foreign mission holds ii kinds of discriminatory powers , which are establish on the first indent to article 211 (ex article 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 accepted 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 helping where the Commission acts as a judge and resolves disputes , and therefore it non only proposes but also decides . The two most all important(p) areas are in prise of disputation policy and read help . The Commission s decisions are nation al to look backward by the Community s judi! ciary , which is normally the Court of First authority or CFI .

This enables the Commission to devise current strategies in recounting to particular aspects of disputation policy or state aids . Further , the Commission gives guidance to national courts in heed of the more precise meaning of in general inclose Treaty ArticlesSection 1 . Merger Regulation and DevelopmentMergers are in truth frequent in the Corporate Sector and ordinarily repel 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 commenced in July 2000 , with the ledger entry 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 witnesser the operation of the Regulation as a whole . The most...If you look to get a full essay, order it on our website: OrderCustomPaper.com

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