COMPETITION • EUROPEAN LAW • MERGERS

The Commission disposes of a simplified procedure for the treatment of mergers that do not raise competition concerns ( Communication No 2013/C 366/04). The procedure is characterized notably by a notification form requiring a significantly reduced volume of information and by the adoption of an abridged decision declaring the concentration compatible with the internal market within 25 working days from the date of notification.

Transactions covered by the simplified procedure are those where:

  • two or more undertakings acquire joint control of a joint venture, provided that the joint venture has no, or negligible, actual or foreseen activities within the territory of the European Economic Area;
  •  two or more undertakings merge, or one or more undertakings acquire sole or joint control of another undertaking, provided that none of the parties to the concentration are engaged in business activities in the same product and geographic market, or in a product market which is upstream or downstream
    from a product market in which any other party to the concentration is engaged;
  • two or more undertakings merge, or one or more undertakings acquire sole or joint control of another undertaking and the combined market share of all the parties to the concentration that are engaged in business activities in the same product and geographic market (horizontal relationships) is less than 20%, and the individual or combined market shares of all the parties to the concentration that are engaged in business activities in a product market which is upstream or downstream from a product market in which any other party to the concentration is engaged (vertical relationships) (13) are less than 30%;
  •  a party is to acquire sole control of an undertaking over which it already has joint control. ;
  • two or more undertakings merge, or one or more undertakings acquire sole or joint control of another undertaking, where the combined market share of all the parties to the concentration that are in a horizontal relationship is less than 50 %; and the increment (delta) of the Herfindahl-Hirschman
    Index (HHI) resulting from the concentration is below 150.