EU Merger Regulation (EUMR) – Regulation (EC) No 139/2004

1. Art. 1

   Scope

   1. Without prejudice to Article 4(5) and Article 22, this Regulation shall apply to all concentrations with a Community dimension as defined in this Article…

2. Art. 2

   Appraisal of concentrations

   1. Concentrations within the scope of this Regulation shall be appraised in accordance with the objectives of this Regulation and the following provisions with…

3. Art. 3

   Definition of concentration

   1. A concentration shall be deemed to arise where a change of control on a lasting basis results from: (a) the merger of two or more previously independent…

4. Art. 4

   Prior notification of concentrations and pre-notification referral at the request of the notifying parties

   1. Concentrations with a Community dimension defined in this Regulation shall be notified to the Commission prior to their implementation and following the…

5. Art. 5

   Calculation of turnover

   1. Aggregate turnover within the meaning of this Regulation shall comprise the amounts derived by the undertakings concerned in the preceding financial year…

6. Art. 6

   Examination of the notification and initiation of proceedings

   1. The Commission shall examine the notification as soon as it is received. (a) Where it concludes that the concentration notified does not fall within the…

7. Art. 7

   Suspension of concentrations

   1. A concentration with a Community dimension as defined in Article 1, or which is to be examined by the Commission pursuant to Article 4(5), shall not be…

8. Art. 8

   Powers of decision of the Commission

   1. Where the Commission finds that a notified concentration fulfils the criterion laid down in Article 2(2) and, in the cases referred to in Article 2(4), the…

9. Art. 9

   Referral to the competent authorities of the Member States

   1. The Commission may, by means of a decision notified without delay to the undertakings concerned and the competent authorities of the other Member States…

10. Art. 10

    Time limits for initiating proceedings and for decisions

    1. Without prejudice to Article 6(4), the decisions referred to in Article 6(1) shall be taken within 25 working days at most. That period shall begin on the…

11. Art. 11

    Requests for information

    1. In order to carry out the duties assigned to it by this Regulation, the Commission may, by simple request or by decision, require the persons referred to in…

12. Art. 12

    Inspections by the authorities of the Member States

    1. At the request of the Commission, the competent authorities of the Member States shall undertake the inspections which the Commission considers to be…

13. Art. 13

    The Commission's powers of inspection

    1. In order to carry out the duties assigned to it by this Regulation, the Commission may conduct all necessary inspections of undertakings and associations of…

14. Art. 14

    Fines

    1. The Commission may by decision impose on the persons referred to in Article 3(1)b, undertakings or associations of undertakings, fines not exceeding 1 % of…

15. Art. 15

    Periodic penalty payments

    1. The Commission may by decision impose on the persons referred to in Article 3(1)b, undertakings or associations of undertakings, periodic penalty payments…

16. Art. 16

    Review by the Court of Justice

    The Court of Justice shall have unlimited jurisdiction within the meaning of Article 229 of the Treaty to review decisions whereby the Commission has fixed a…

17. Art. 17

    Professional secrecy

    1. Information acquired as a result of the application of this Regulation shall be used only for the purposes of the relevant request, investigation or…

18. Art. 18

    Hearing of the parties and of third persons

    1. Before taking any decision provided for in Article 6(3), Article 7(3), Article 8(2) to (6), and Articles 14 and 15, the Commission shall give the persons…

19. Art. 19

    Liaison with the authorities of the Member States

    1. The Commission shall transmit to the competent authorities of the Member States copies of notifications within three working days and, as soon as possible…

20. Art. 20

    Publication of decisions

    1. The Commission shall publish the decisions which it takes pursuant to Article 8(1) to (6), Articles 14 and 15 with the exception of provisional decisions…

21. Art. 21

    Application of the Regulation and jurisdiction

    1. This Regulation alone shall apply to concentrations as defined in Article 3, and Council Regulations (EC) No 1/2003(8), (EEC) No 1017/68(9), (EEC) No…

22. Art. 22

    Referral to the Commission

    1. One or more Member States may request the Commission to examine any concentration as defined in Article 3 that does not have a Community dimension within…

23. Art. 23

    Implementing provisions

    1. The Commission shall have the power to lay down in accordance with the procedure referred to in paragraph 2: (a) implementing provisions concerning the…

24. Art. 24

    Relations with third countries

    1. The Member States shall inform the Commission of any general difficulties encountered by their undertakings with concentrations as defined in Article 3 in a…

25. Art. 25

    Repeal

    1. Without prejudice to Article 26(2), Regulations (EEC) No 4064/89 and (EC) No 1310/97 shall be repealed with effect from 1 May 2004. 2. References to the…

26. Art. 26

    Entry into force and transitional provisions

    1. This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union. It shall apply from…

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