An analysis of the enterprises and competition scenario in Europe
Among the list of laws, Community law is the most realistic; it is the most effective. People deliberately chose the term ?commodity'; as it is not a legal concept so there is no difference of interpretation in the states. The ECJ on 10 December 1968 in the ?Commission v. Italy' case stated: ?The goods that are valued in money or goods that are capable as such, form the subject of commercial transactions'. That definition is very extensive and this notion of commercialism is very important. These are the arts. 23-31 that TEC will be dealing with regarding the free movement of goods.
Arising from the French law in 1977 followed by the American rules, (Clayton Act, 1914), the merger control was a subject that was still in its infancy. Thus, the Community law knew no special arrangement for regulation until December 21, 1989. Earlier, the concentrations were evaluated by applying the rules on cartels and abuse of dominance.
The rules on merger control (Articles L. 430-1 to L. 430-10 of the Commercial Code) allow organizing a method of assessing the effects of competition on a business group. The question of study area to observe these rules requires compatibility between domestic and community levels. This imposes the primacy of EU rules, leaving the French rules to the bare minimum.
The principle that is in effect, concentrates on the cohabitation between the two schemes and the substitution of the community system of merger control with internal rules. Once a concentration reached a ?Community dimension', it becomes the exclusive jurisdiction of the Commission of European Communities, excluding the application of French rule."
Tags: Community law, Rules on merger control, Exclusive jurisdiction of the Commission of European Communities