"REGULATION (EC) NO 139/2004 ON THE CONTROL OF CONCENTRATIONS BETWEEN UNDERTAKINGS" [2014] ELECD 890; in VerLoren van Themaat , Weijer; Reuder, Berend (eds), "European Competition Law" (Edward Elgar Publishing, 2014) 455

Book Title: European Competition Law

Editor(s): VerLoren van Themaat , Weijer; Reuder, Berend

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783476862

Section: Chapter 14

Section Title: REGULATION (EC) NO 139/2004 ON THE CONTROL OF CONCENTRATIONS BETWEEN UNDERTAKINGS

Number of pages: 139

Extract:

14
REGULATION (EC) NO 139/2004 ON THE
CONTROL OF CONCENTRATIONS
BETWEEN UNDERTAKINGS*

COUNCIL REGULATION (EC) NO 139/2004 OF 20 JANUARY 2004 ON THE
CONTROL OF CONCENTRATIONS BETWEEN UNDERTAKINGS
(OJ 2004 L 24/1)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular
Articles 83 and 308 thereof,

Having regard to the proposal from the Commission,1

Having regard to the opinion of the European Parliament,2

Having regard to the opinion of the European Economic and Social Committee,3

Whereas:

(1) Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of
concentrations between undertakings4 has been substantially amended. Since
further amendments are to be made, it should be recast in the interest of clarity.
(2) For the achievement of the aims of the Treaty, Article 3(1)(g) gives the Com-
munity the objective of instituting a system ensuring that competition in the
internal market is not distorted. Article 4(1) of the Treaty provides that the
activities of the Member States and the Community are to be conducted in
accordance with the principle of an open market economy with free competition.
These principles are essential for the further development of the internal market.
(3) The completion of the internal market and of economic and monetary union, the
enlargement of the European Union and the lowering of international barriers to

* This chapter was written by Karsten Metzlaff and Peter Stauber.
1 OJ C 20, 28. ...