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

Like Regulation No 1/2003, Regulation No 139/2004 provides for a referral system which makes it possible to re-attribute cases to the most appropriate authority. However, referrals are exceptional because the EU jurisdiction is clearly defined by the turnover thresholds laid down in Article 1. Furthermore, this is not intended to be a way for undertakings to practice forum shopping and choose the authority likely to be most favorable to them. The Commission and the authorities of the Member States therefore retain a large margin of discretion in deciding whether to refer cases falling within their original jurisdiction, or whether to handle cases not falling within their original jurisdiction. Commission Notice No 2005/C 56/02 defines the conditions under which cases are to be referred . The case must be re-attributed to the authority which is the most appropriate for dealing with the merger having regard, in particular, to the tools and expertise available to it, the likely locus of any impact on competition resulting from the merger and the risk of conflicting decisions . Fragmentation of cases through referral should be avoided so as to maintain a one-stop-shop to the greatest extent possible . The parties may submit a request for referral before any notification (Regulation No 139/2004, Article 4(4) and Article 4(5)). Post-notification referrals are submitted by the Member States, on their own initiative or upon invitation of the Commission (Regulation No 139/2004, Articles 9 and 22).

Commission Notice No 2005/C 56/02 of 5 March 2005 on Case Referral in respect of concentrations.

Commission Notice No 2005/C 56/02, at pt 10.

Commission Notice No 2005/C 56/02, at pt 11.

314. Referral system