Full text of the paper:
Collected Papers of the Faculty of Law, University of Novi Sad
2017, vol. 51, No. 4, pp. 1651–1668
Language of the paper: Serbian
Original scientific paper
udk: 347.733:061.1EU
doi: 10.5937/zrpfns51-16028
Author:
Sandra Fišer Šobot, Ph.D., Assistant Professor
University of Novi Sad
Faculty of Law Novi Sad
s.fisersobot@pf.uns.ac.rs
Abstract:
Substantive rewiev of concentrations is a complex task because it determines which concentrations will be allowed and which will be prohibited. Control of concentrations is conducted ex ante and it is, therefore, of crucial importance for the examination criteria to be suited to accurately predict potential effects of concentrations to the competition on the relevant market. In EU competiton law concentrations are, generally, permissible and the large majority of them are cleared in initial Phase I investigation. The concentration will be prohibited only if it can be declared as incompatible with internal market i.e. if it would significantly impede effective competition, in the common market or in a substantial part of it, in particular as a result of the creation or strengthening of a dominant position. In Regulation 139/04 a new test for substantial appraisal of mergers was introduced – a test of significant impediment to effective competition (SIEC test). In this paper author examines development of control of concentrations in the European Union, reasons for introduction of the SIEC test and the most important features of the test.
Keywords:
concentrations, competition law, European Union, test of significant impediment to effective competition (SIEC test).