Theories and Principles in the Application of Community Competition Rules to Non-Community Enterprises

1981 ◽  
pp. 40-121
Author(s):  
Boaz Barack
Keyword(s):  
Competition Rules ◽  
Community Enterprises

The Policy of the EEC on Concentrative Joint Ventures

1992 ◽  
Vol 5 (1) ◽  
pp. 53-67
Author(s):  
D.S. Nava
Keyword(s):  
Structural Change ◽  
Joint Ventures ◽  
The Other ◽  
Legal Instrument ◽  
Other Hand ◽  
Philip Morris ◽  
Competition Rules

The EEC Treaty contains no specific provisions for the control of concentrations. Only the competition rules. Articles 85 and 86 EEC, could be considered as possible legal instruments for regulating concentrations. The Commission has had to examine whether and to what extent these provisions could be used to this end.The Commission's view has been that Article 85 does not apply to operations resulting in structural change, as is the case of concentrations and concentrative joint ventures. Cooperative operations, such as cooperative joint ventures, on the other hand fall to be assessed under Article 85. The Philip Morris case has made this position uncertain. According to the extensive interpretation of this judgement Article 85 is now applicable to certain concentrations and thus to concentrative joint ventures.There is no such uncertainty regarding the role of Article 86 in controlling concentrative joint ventures, for the Court has established in the Continental Can case that concentrations can be caught by Article 86.With the adoption in 1989 of the Regulation on concentration control the Commission finally has a legal instrument specifically designed to regulate concentrations. However, only concentrations and concentrative joint ventures which comply with certain turnover thresholds (the so-called concentrations or concentrative joint ventures with a Community dimension) can be assessed by the Commission under the Regulation. This means that the provisions of the Regulation can not be applied to concentrative joint ventures beneath the threshold.Because of the difficulty in distinguishing concentrative operations from cooperative ones, the Commission published the Notice regarding the concentrative and cooperative operations under the Regulation on the control of concentrations.

scholarly journals Competition Policy in the Southern Mediterranean Countries

2004 ◽  
Vol 3 (1) ◽  
Author(s):  
Damien Geradin ◽  
Nicolas Petit
Keyword(s):  
Competition Policy ◽  
The State ◽  
Mediterranean Countries ◽  
Adoption And Implementation ◽  
Southern Mediterranean ◽  
Competition Rules ◽  
The Mediterranean

The main objective of this paper is to examine the state of adoption and implementation of competition rules in the 12 Southern Mediterranean countries (the "Mediterranean Partners") engaged in association agreements with the EC in the framework of the Barcelona Declaration of November 1995.

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