Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Tuesday, April 17, 2018

Alken-Maes/AB InBev (Bosteels) – A ‘Residual Jurisdiction’ for the Belgian Competition Authority to Assess Non-notifiable Mergers?

Philippe Jonckheere asks Alken-Maes/AB InBev (Bosteels) – A ‘Residual Jurisdiction’ for the Belgian Competition Authority to Assess Non-notifiable Mergers?

ABSTRACT: The appraisal of concentrations at the level of the European Union is regulated by the EU Merger Regulation (‘EUMR’). Pursuant to Article 21(1) EUMR, concentrations are excluded from the scope of Regulation 1/2003. This means in practice that the European Commission cannot assess concentrations failing to meet the EUMR threshold under Article 101 or 102 TFEU using its regular powers.

http://lawprofessors.typepad.com/antitrustprof_blog/2018/04/alken-maesab-inbev-bosteels-a-residual-jurisdiction-for-the-belgian-competition-authority-to-assess-.html

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