Concentrations between Non-European Enterprises and the European Merger Control Regulation

Resumen

This paper examines the scope of the European Merger Control Regulation (EUMR). More specifically, it traces the development of the extraterritorial application of the EUMR. Furthermore, it reviews the European Commission’s assessment of concentrations between non-European enterprises. Surprisingly, concentrations with no actual foreseeable effects on the Single Market can be subject to mandatory notification. This has led to absurd cases being decided by the European Commission which will be discussed in more detail.