# EU Merger Regulation (EUMR) – Regulation (EC) No 139/2004 URL: https://consilena.com/coverage/laws/stat_eu_32004r0139 - Jurisdiction: European Union - Type: Regulation - Short name: EUMR - Identifier: 32004R0139 - Provisions: 26 - Official text: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32004R0139 - Licence: [Commission Decision 2011/833/EU](https://eur-lex.europa.eu/eli/dec/2011/833/oj) - Attribution: Source: EUR-Lex, © European Union, https://eur-lex.europa.eu. Reuse authorised under Commission Decision 2011/833/EU; only the Official Journal text is authentic. > The library is a research copy. Check the official source before relying on a provision: the text published there, not the copy in Consilena, is the law. ## Provisions - **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… - **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… - **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… - **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… - **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… - **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… - **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… - **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… - **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… - **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… - **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… - **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… - **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… - **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… - **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… - **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… - **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… - **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… - **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… - **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… - **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… - **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… - **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… - **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… - **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… - **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… --- Consilena is a software provider, not a law firm. AI output is not legal advice: consult a licensed lawyer in the relevant jurisdiction. Page: https://consilena.com/coverage/laws/stat_eu_32004r0139. Index of every page: https://consilena.com/llms.txt.