Dealing with Protectionist Threats in EU Mergers and Acquisitions: Member State Reaction to the Exclusive Powers of the European Commission Under the ECMR

Pedro Callol, Jun 28, 2013

Article 21 of EC Regulation 139/2004, on the control of concentrations between undertakings (“ECMR”) is a provision which application appears to be relatively dormant in the last few years. Yet, it is not devoid of force and, in fact, we may see a reawakening of its application if the economic recovery much chanted by our politicians finally takes hold.

Article 21 ECMR establishes the exclusive jurisdiction of the European Commission (“Commission”