Article 22 of the EC Merger Regulation – national and European control: energy sector

Michał Krzykowski

Chapter 14 in Research Handbook on EU Competition Law and the Energy Transition, 2024, pp 278-297 from Edward Elgar Publishing

Abstract: Article 22 of Council Regulation (EC) 139/2004 of 20 January 2004 allows for the referral of a concentration by one or more Member States to the European Commission. This system, referred to as the ‘Dutch clause’, aims to eliminate situations where the concentration, although lacking a Community dimension, does affect trade between Member States and threatens to significantly affect competition within the territory of the Member State(s) making the request. Nevertheless, the Commission developed a practice of discouraging referrals under Article 22 of the EUMR (by Member States that had no original jurisdiction over the transaction in question). However, this situation is likely to change with the adoption of new guidelines by the EC in 2021 (2021/C 113/01) regarding the application of the referral mechanism contained in Article 22 of the EUMR and the judgment of the EU General Court in case T-227/21 Illumina, Inc. v European Commission. This chapter analyses the potential application of the new EC guidelines in the energy sector and their effects on the market in question.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2024
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