CEU Electronic Theses and Dissertations, 2007
| Author | Soltesz, Kinga |
|---|---|
| Title | Merger Control Under the EC Rules and Hungarian Law - Rules Governing the Merger Remedies |
| Summary | The European Commission – within the framework of EC merger control – is entitled to prevent those merger activities, which are likely to have a significant anti-competitive impact on the internal market. Under the EC Merger Regulation concentrations which have a Community dimension – i.e. which meet the specified turnover tresholds , irrespective from the fact that these turnovers are generated in- or outside the territory of the EU – have to be notified to and approved by the European Commission prior to their implementation. The notification requirement is to enable the Commission to assess whether the proposed concentration may raise serious competition concerns by putting at risk the Communities competitive market environment, one of the cornerstones of the EU internal market. The Commission is not enabled to authorise a concentration that it has found to impede significantly effective competition in the Common Market or in a substantial part of it. Although, in the same time, it has power to clear a concentration subject to commitments that will render the concentration compatible with the Common Market, and may attach conditions – which are commitments to implement measures that address competition concerns identified by the Commission – and obligations – which are undertakings to implement meaures necessary to achieve the conditions – to its decision to ensure compliance with those commitments. These commitments can be accepted by the Commission both in phase I and phase II proceedings. The Commission has to determine and communicate the competition concerns associated with a concentration, and the parties have to devise commitments to remedy these concerns to the satisfaction of the Commission. In this paper I will examine the merger remedies on two level, on the level of the European Union (Chapter I.), and on the level of a Member State, namely Hungary (Chapter II.), from the perspective of the applicable legal acts and also from the perspective of practice. |
| Supervisor | Stuyck, Jules |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2007/soltesz_kinga.pdf |
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