By A. E. Walsh, John Paxton (auth.)
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Additional info for Competition Policy: European and International Trends and Practices
Under the provisions of this Article, where the Commission considers that a concentration is likely to become the subject of a decision under Article 1 (1) or (3) it shall commence proceedings and inform the undertakings and the competent authorities in the member States. As regards concentrations notified to it, the Commission will commence proceedings within a period of three months. Article 7. This provides that if the Commission does not start proceedings within three months of the notification (compulsory or voluntary) of a proposed merger, the merger may be presumed to be allowed and to be compatible with the Common Market.
Paragraph 1 shall not apply where: the aggregate turnover of the undertakings participating in the concentration is less than 200 million units of account and the goods or services concerned by the concentration do not account in any member State for more than 25 per cent of the turnover in identical goods or services, 34 Competition Policy or in goods and services which, by reason of their characteristics, their price and the use for which they are intended may be regarded as similar by the consumer.
This is provided for in the UK by the European Communities (Enforcement of Judgments) Order 1972. Thereafter, the judgment or decision will in almost all respects be enforceable as if it were a judgment of the registering Court and, by virtue of the Treaty provisions, enforcement can only be suspended by a decision of the European Court. In addition, it is important to note that for all types of agreement: 1. Agreements where one or both of the parties are not resident in the nine member States of the European Communities can come within the prohibitions where they affect intra-Community country trade (trade within the Common Market).
Competition Policy: European and International Trends and Practices by A. E. Walsh, John Paxton (auth.)