A Radical Reform in EU Merger Control Law

In January 2004 EU Council and EU Commission respectively adopted new EU Merger Regulation and the Guidelines on Horizontal Mergers, implying the radical reform of EU merger control system. Under the new system, the substantive test has been changed from the “dominance test” to “significantly impede effective competition test”, while retaining the notion of dominance; EU Commission and member states can refer merger cases to each other based on the “one stop shop ” rule, except stipulated otherwise. The Guidelines on Horizontal Mergers, the first one in EU merger control history, is structured around the assessment elements such as market shares and concentration thresholds, anti\|competitive effects, buy power, entry, efficiencies and failing firm defense. Among others efficiencies is dealt with friendly, and can be a countervailing factor.