European Merger Control Law A Guide to the Merger Regulation

VOLUME 1

Chapter 1 Overview
Chapter 2 Legislative History and Legal Basis
Chapter 3 Implementation and Enforcement
Chapter 4 Application and Evolution
Chapter 5 Concentrations
Chapter 6 Community Dimension
Chapter 7 The Division of Powers Between the Commission and the Member States
Chapter 8 Definition of the Relevant Market
Chapter 9 Market Share Calculation and Assessment
Chapter 10 Substantive Appraisal
Chapter 11 Unilateral Effects
Chapter 12 Conglomerate Effects
Chapter 13 Vertical Effects
Chapter 14 Coordinated Effects
Chapter 15 Efficiencies and the Failing Firm Defense
Chapter 16 Spill-Over Effects of Joint Ventures
Chapter 17 Notification and Administrative Procedure
Chapter 18 Remedies
Chapter 19 Ancillary Restraints
Chapter 20 Judicial Review
Chapter 21 Application of Articles of 81 and 82 to Concentrations and Other Acquisitions
Chapter 22 International Cooperation
Chapter 23 U.S. Merger Control Law
Chapter 24 The Role of Economics in European Merger Control
Chapter 25 EU Competition Law Issues in the M&A Deal Process
Table of Cases
Table of Legislation
Index

VOLUME 2

Appendix 1 COUNCIL REGULATION (EC) No 139/2004 of January 20, 2004 on the control of concentrations between undertakings
Appendix 2 COUNCIL REGULATION (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings, as amended by Council Regulation (EC) No 1310/97 of 30 June 1997
Appendix 3 COMMISSION REGULATION (EC) No 802/2004 of 7 April 2004 implementing Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings
Appendix 4 FORM CO relating to the notification of a concentration pursuant to Regulation (EC) No 139/2004
Appendix 5 SHORT FORM for the notification of a concentration pursuant to Regulation (EC) No 139/2004
Appendix 6 FORM RS (RS = reasoned submission pursuant to Article 4(4) and (5) of Council Regulation (EC) No 139/2004)
Appendix 7 COMMISSION NOTICE on the concept of concentration under Council Regulation (EEC) No 4064/89 on the control of concentrations between undertakings
Appendix 8 COMMISSION NOTICE on the concept of undertakings concerned under Council Regulation (EEC) No 4064/89 on the control of concentrations between undertakings
Appendix 9 COMMISSION NOTICE on calculation of turnover under Council Regulation (EEC) No 4064/89 on the control of concentrations between undertakings
Appendix 10 COMMISSION NOTICE on the concept of full-function joint ventures under Council Regulation (EEC) No 4064/89 on the control of concentrations between undertakings
Appendix 11 COMMISSION NOTICE on the definition of the relevant market for the purposes of Community competition law
Appendix 12 Commission Notice on restrictions directly related and necessary to concentrations
Appendix 13 COMMISSION NOTICE on remedies acceptable under Council Regulation (EEC) No 4064/89 and under Commission Regulation (EC) No 447/98
Appendix 14 Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004
Appendix 15 Commission Notice on Case Referral in respect of concentrations
Appendix 16 GUIDELINES on the assessment of horizontal mergers under the Council Regulation on the control of concentrations between undertakings
Appendix 17 Divestiture Commitments: Model Texts and Best Practice Guidelines
Appendix 17-1 STANDARD MODEL for Divestiture Commitments
Appendix 17-2 STANDARD MODEL for Trustee Mandate
Appendix 17-3 EXPLANATORY NOTE on the Commission’s Model Texts for Divestiture Commitments and the Trustee Mandate under the EC Merger Regulation
Appendix 18 EC Merger Notification and Procedures Template
Appendix 19 DG COMPETITION Best Practices on the conduct of EC merger control proceedings
Appendix 20 BEST PRACTICES on cooperation in merger investigations US–EU Merger Working Group
Appendix 21 DG Competition Information Note on Art. 6(1)c 2nd sentence of Regulation 139/2004
Appendix 22 Court of Justice and Court of First Instance Practice Directions
Appendix 23 1992 Horizontal Merger Guidelines
Appendix 24 1984 DOJ Merger Guidelines
Appendix 25 Premerger Notification and Report Form, With Style Sheet
Appendix 26 Premerger Notification and Report Form — Instructions
Appendix 27 Sherman Act
Appendix 28 Clayton Act
Appendix 29 Federal Trade Commission Act
Appendix 30 National Cooperative Research Act
Appendix 31 Leading Cases by Topic
Appendix 32 Leading Cases by Sector
Appendix 33 Member States’ Merger Control Thresholds and Agencies
Appendix 33-1 Member States’ Merger Control Thresholds
Appendix 33-2 Member States’ Merger Control Agencies
Appendix 34 Article 9 Referrals
Appendix 35 Phase I Cases With Remedies
Appendix 36 Phase II Cases Aborted or Withdrawn
Appendix 37 Phase II Cases Without Remedies
Appendix 38 Phase II Cases With Remedies
Appendix 39 Case Summaries of Commission Prohibition Decisions
Appendix 40 Community Court Judgments
Appendix 41 Merger Control Statistics 1990 - 2005

Nicholas Levy

Nicholas Levy is a partner based in the Brussels and London offices of leading international law firm, Cleary Gottlieb Steen & Hamilton LLP.

Mr. Levy's practice focuses on EU and U.K. antitrust law. He has extensive experience in notifying mergers and joint ventures under the EU Merger Regulation, as well as coordinating the pan-European notification of international transactions with various national antitrust agencies, particularly the U.K. Office of Fair Trading.

Mr. Levy has been involved in many leading merger cases, including: 
• DuPont/ICI
• P&G/VP Schickedanz
• Kimberly-Clark/Scott Paper
• Goodyear/Dunlop
• Caterpillar/Perkins
• Coca-Cola Enterprises/ABGB
• Blokker/Toys ?R? Us
• Alcoa/Reynolds
• General Electric/Honeywell
• Sony/BMG 
• Inco/Falconbridge 
• Euronext/LSE 
• Ryanair/Aer Lingus II 
• Abbott/Solvay Pharmaceutical 
• NYSE Euronext/Deutsche Börse 
• UTC/Goodrich 
• Lafarge/Anglo American 
• Sony/EMI Music Publishing