What EU Merger Regulation 139/2004 - Notification Thresholds, Phase I/II Procedure, and Remedies requires
EU Council Regulation 139/2004 (ECMR) establishes the one-stop-shop EU merger control regime: concentrations with EU dimension must be notified to the European Commission before completion. EU dimension thresholds: (1) combined worldwide turnover above EUR 5 billion AND each of at least two parties has EU-wide turnover above EUR 250 million (unless each party generates more than two-thirds of its EU turnover in the same member state); OR (2) combined worldwide turnover above EUR 2.5 billion AND combined turnover in each of at least three member states above EUR 100 million AND in each of those three member states each of at least two parties has turnover above EUR 25 million AND EU-wide turnover of at least two parties exceeds EUR 100 million. Phase I (25 working days) results in clearance, conditional clearance, or Phase II referral. Phase II (90 working days, extendable to 125) culminates in clearance, conditional clearance, or prohibition. The 2023 Merger Filing Fee Regulation introduced mandatory filing fees for the first time.
Pillar: Competition & Antitrust · Authority: European Commission (DG COMP - Directorate-General for Competition) · Version: 2.0.0 · Last updated:
Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32004R0139
SHA-256 integrity: 32517ad88f31f5c8df08a3b199cd7821ccafcdf964281f4d6bf481ff31e20b5d
Primary Citations — 8 traced to source
- {"source":"EU Council Regulation 139/2004 (ECMR) - Articles 1-3: EU Dimension Thresholds and Definition of Concentration","url":"https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32004R0139","type":"primary_legislation"}
- {"source":"EU Council Regulation 139/2004 (ECMR) - Articles 6-10: Phase I and Phase II Procedure and Decision Types","url":"https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32004R0139","type":"primary_legislation"}
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