| Author (Person) | Harker, Michael |
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| Publisher | Taylor & Francis |
| Series Title | European Competition Journal |
| Series Details | Volume 3, Number 2, Pages 503-535 |
| Publication Date | June 2007 |
| ISSN | 1744-1056 |
| Content Type | Journal Article |
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Introduction: "This article reviews and analyses cases where the Commission has taken action against Member States where the latter have either acted contrary to the exclusivity principle under the EC merger regulation (ECMR) or have maintained in place ex ante measures with the purpose of seeking to control or deter cross-border investment in key strategic industries. As has been confirmed on several occasions by the European Court of Justice (ECJ, “the Court”), subject to very limited circumstances, such measures are contrary to the free movement of capital provisions of the EC Treaty. Nevertheless, on several notable occasions, Member States have been willing to use such powers, seemingly judging the political costs of standing by and permitting the merger to outweigh the (future) costs associated with infringement proceedings before the ECJ."
"This article consist of three sections. This section outlines briefly the jurisdictional rules under the ECMR and attempts to put these rules in context. Section B discusses and analyses the Article 21 exclusivity infringement cases, and the cases the Commission has pursued before the ECJ against ex ante measures likely to deter transborder investment. Section C concludes by commenting on the future of the jurisdictional rules and the ECMR itself."
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| Source Link | https://doi.org/10.5235/ecj.v3n2.503 |
| Subject Categories | Internal Markets |
| Subject Tags | Competition Law | Policy, Court of Justice of the European Union [CJEU], European Commission |
| Keywords | Mergers and Acquisitions |
