European Competition Law provides a wide-ranging review of the European rules relating to competition: restrictive agreements, abuse of a dominant position, impact of intellectual property rights, procedure, merger control, State aid.

European Competition Law

The control arising out of the possibility of exercising decisive influence  over an undertaking's business, may be exercised for the whole of another undertaking  or only part of it . A permanent change of control over assets, to which a turnover may be attributed, constitutes a concentration . Likewise, the outsourcing with the transfer of exclusive control over some production assets and relate …

Subject-matter of control

The control arising out of the possibility of exercising decisive influence  over an undertaking's business, may be exercised for the whole of another undertaking  or only part of it . A permanent change of control over assets, to which a turnover may be attributed, constitutes a concentration . Likewise, the outsourcing with the transfer of exclusive control over some production assets and related personnel  to an undertaking or a transfer of eligible customers in consideration of a remuneration obtained through a share in the profits falls within the scope of merger control .

Conversely, an acquisition of control that does not confer decisive influence does not constitute a concentration: acquisition on a temporary basis of securities by credit institutions or other financial institutions or insurance companies (see Case T-279/04 Editions Odile Jacob SAS, Judgment of 13 September 2010, not available in English); acquisition by an office-holder according to the law of a Member State in the context of bankruptcy proceedings; acquisition by financial holding companies provided that the voting rights are exercised only to maintain the full value of the investments. See Regulation No 139/2004, Article 3(5); Jurisdictional Notice, at pts 110 et seq. These exceptions do not apply in principle to investment funds. See Jurisdictional Notice, at pt 115.

Commission Decision M.1085 of 6 February 1998, Promodes/Catteau (not available in English): a transaction resulting in the exclusive control of an undertaking by another, through the acquisition of the aggregate capital, constitutes a concentration.

Case T-296-18 Polskie Linie Lotnicze “LOT” S.A, Judgment of 20 October 2021, not available in English: the assets acquired by the notifying party may constitute an undertaking or part of an undertaking within the meaning of Regulation No 139-2004, even though the airline which was holding those assets would have ceased its activities prior to the concentration.

Commission Decision M.3867 of 22 December 2005, Vattenfall/Elsam and E2 Assets, LawLex200900000068JBJ.

Commission Decision M.1849 of 29 February 2000, Solectron/Ericsson Switches, LawLex200900000071JBJ.

Commission Decision M.2857 of 23 December 2002, ECS/IEH (not available in English).

European Competition Law

295. Subject-matter of control

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

295. Subject-matter of control

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise