COM(2001)745 - Green Paper on the Review of Council Regulation (EEC) No 4064/89

official title

 

Legal instrument	Green paper
reference by COM-number396	COM(2001)745
Additional COM-numbers	COM(2001)745
CELEX number399	52001DC0745

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• 1. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 2. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 3. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 4. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 5. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 6. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 7. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 8. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 9. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 10. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 11. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 12. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 13. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 14. 

  COM(2000) 399 final - 28.06.2000
  
   
• 15. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 16. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 17. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 18. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 19. 

  In 2000, only 20 out of 345 notifications were made under Article 1(3). For 1999, the corresponding figure was 12% or 34 out of 292 notifications.
  
   
• 20. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 21. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 22. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 23. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 24. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 25. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 26. 

  It may be noted that the available information does not support a proposal for a 'straightforward' reduction of the worldwide thresholds or of that for Community turnover in Article 1(2). While such measures, depending on the values chosen, obviously would have the effect of extending the Commission's jurisdiction, it appears unlikely that a way could be found for such measures to specifically target those concentrations with a cross-border impact.
  
   
• 27. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 28. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 29. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 30. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 31. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 32. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 33. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 34. 

  For a more detailed presentation, see Annex 1, Section B, on the results of the investigations undertaken by the Commission.
  
   
• 35. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 36. 

  At the same time, any such modifications would also most likely allow, inadvertently, a number of cases that are not subject to multiple filings in three or more Member States to come under the Commission's jurisdiction.
  
   
• 37. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 38. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 39. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 40. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 41. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 42. 

  The available information does not allow for any estimation about the likelihood that the shift to a two-country requirement under Article 1(3) (b) and (c) would bring cases that currently are subject to a single national notification under the Commission's jurisdiction.
  
   
• 43. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 44. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 45. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 46. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 47. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 48. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 49. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 50. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 51. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 52. 

  Any alternative approach would imply that the Commission would have to interpret the national merger laws. To the extent that national laws are not yet fully harmonised even when it comes to technical concepts such as calculation of turnover, this would raise issues about potentially divergent interpretations of national laws by the Commission and the Member States.
  
   
• 53. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 54. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 55. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 56. 

  The available information does not allow for any estimation about the likelihood that the shift to a two-country requirement under Article 1(3) (b) and (c) would bring cases that currently are subject to a single national notification under the Commission's jurisdiction.
  
   
• 57. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 58. 

  Case Govia/Conex (2001) referred to the authorities of the UK.
  
   
• 59. 

  In 2000, only 20 out of 345 notifications were made under Article 1(3). For 1999, the corresponding figure was 12% or 34 out of 292 notifications.
  
   
• 60. 

  For a more detailed presentation, see Annex 1, Section B, on the results of the investigations undertaken by the Commission.
  
   
• 61. 

  Case COMP/M.2216 ENEL/FT/Wind/Infostrada, referred to Italy on 19 January 2001, decision appealed before the competent national court; Case COMP/M.2044, Interbrew/Bass referred to the UK on 22 October 2000, decision on remedies quashed by competent national court on procedural grounds only.
  
   
• 62. 

  In 2000, only 20 out of 345 notifications were made under Article 1(3). For 1999, the corresponding figure was 12% or 34 out of 292 notifications.
  
   
• 63. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 64. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 65. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 66. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 67. 

  In fact, the latest Article 22(3) referral was made in 1997 by the Dutch Authorities in Case IV/M.890 - Blokker/Toys 'R' Us. In all only four cases have been referred to the Commission under this procedure, two from the Netherlands and one each from Finland and Belgium-
  
   
• 68. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 69. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 70. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 71. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 72. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 73. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 74. 

  This interpretation, on the other hand, has been criticised on efficiency grounds, as it arguably might not be necessary to request the parties to undertake the often detailed work involved in preparing several national notifications, if the case is ultimately likely to be referred to the Commission.
  
   
• 75. 

  Following the entry into force of the new French merger control system, this difficulty will only be generally applicable in the UK and in Luxembourg (but will, potentially, apply to any merger below the national merger control thresholds).
  
   
• 76. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 77. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 78. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 79. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 80. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 81. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 82. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 83. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 84. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 85. 

  COM(2000) 399 final - 28.06.2000
  
   
• 86. 

  See for examples IV/M.1080 - Thyssen/Krupp, Decision of 2 June 1998, COMP/M.1712 - Generali/INA, Decision of 12 January 2000 and COMP/M.1980 - Volvo/Renault, Decision of 1 September 2000.
  
   
• 87. 

  German, Austrian and Irish merger assessment rules, for example, apply to an acquisition of a 25% shareholding, regardless of changes in control in the meaning of the Merger Regulation. In these systems, a second notification may be required if, subsequently, sole control is acquired. Similarly, the UK merger rules apply, in addition to acquisitions of control, to transactions whereby one party acquires the ability to 'materially influence' another party. The US merger rules (Section 7 of the Clayton Act) also apply to situations that would not meet the definition of a concentration under the Merger Regulation. Issues relating to interlocking directorships are covered by Section 8 of the Clayton Act. The US rules employ, inter alia, a 'size-of-the-transaction test', which can apply to transactions that do not involve a transfer of control (in the Merger Regulation meaning), provided that the acquired securities exceed the
   
• 88. 

  See 24th Report on Competition Policy (point 156).
  
   
• 89. 

  JV.19 - KLM/Alitalia
  
   
• 90. 

  Notably the facts: that the parents would cease to operate in the markets pooled in the alliance; that they would run jointly the day to day business and would adopt jointly the main strategic and commercial decisions; that tangible assets of each of the parties would be exclusively dedicated to the Alliance; that the duration of the agreement would be long.
  
   
• 91. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 92. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 93. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 94. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 95. 

  Case M.1327 - NC/Canal
   
• 96. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 97. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 98. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 99. 

  OJ 2000 L 304, page 3.
  
   
• 100. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 101. 

  OJ 2000 L 304, page 7.
  
   
• 102. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 103. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 104. 

  A possible fourth scenario would involve joint bids. These cases are already treated as a single concentration for the purposes of the Merger Regulation, unless the joint bidders have agreed an immediate break-up of all the acquired assets according to a pre-defined plan. In the latter scenario, point 24 of the Notice on undertakings concerned specifies that each such acquisition of assets will be considered as a separate concentration. As this main principle is already established, there would be no need to amend the existing legal provisions. Nevertheless, it may be appropriate to further clarify the limitations of the exemption in point 24 of the Notice on undertakings concerned in the next revision of this Notice. Such clarification would explain that, to the extent that there is any uncertainty concerning the future disposition of the jointly acquired assets, the joint bid will be considered, in its totality, as a single concentration, the assessment of which will include any known dispositions to break up the acquired assets.
  
   
• 105. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 106. 

  Consequently changes would also be required to the Commission's interpretative Notices (see Notice on the concept of a concentration, point 16).
  
   
• 107. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 108. 

  Again, subsequent changes would be required to the Commission's interpretative Notices (see Notice on the concept of undertakings concerned, point 49-50)
  
   
• 109. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 110. 

  See also paragraph 0 (and following) on the relationship in these situations between Articles 4 and 7 of the Merger Regulation.
  
   
• 111. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 112. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 113. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 114. 

  COM(2000) 399 final - 28.06.2000
  
   
• 115. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 116. 

  COM(2000) 399 final - 28.06.2000
  
   
• 117. 

  The European trade association for VC investors (EVCA) includes, inter alia, bank subsidiaries and fund management companies, but also so called 'corporate ventures' who are subsidiaries of industrial companies. The aim of the latter category may be to invest in new technologies that will support or develop existing industrial activities.
  
   
• 118. 

  COM(2000) 399 final - 28.06.2000
  
   
• 119. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 120. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 121. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 122. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 123. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 124. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 125. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 126. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 127. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 128. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 129. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 130. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 131. 

  COM(2000) 399 final - 28.06.2000
  
   
• 132. 

  See point 40 of the Commission's Notice on the calculation of turnover.
  
   
• 133. 

  COM(2000) 399 final - 28.06.2000
  
   
• 134. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 135. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 136. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 137. 

  It is noted, however, that the United Kingdom and Ireland are contemplating reforms towards the introduction of an SLC test. Moreover, other Member States are interested in evaluating the possible advantages of moving to such a test.
  
   
• 138. 

  See, for example, OCDE/GD(96)65 'Efficiency claims in mergers and other horizontal agreements'.
  
   
• 139. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 140. 

  Published in the Official Journal of the European Communities on 29 July 2000 (OJ C 217, 29.07.2000, p. 32).
  
   
• 141. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 142. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 143. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 144. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 145. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 146. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 147. 

  Cases where fines have been issued for late notification also involved implementation of the concentration in contradiction to Article 14(2)(b) and Article 7(1), see Samsung and AP Möller.
  
   
• 148. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 149. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 150. 

  The fact of the notification is, in accordance with Article 4(3) published in the Official Journal of the European Communities.
  
   
• 151. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 152. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 153. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 154. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 155. 

  COM(2000) 399 final - 28.06.2000
  
   
• 156. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 157. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 158. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 159. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 160. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 161. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 162. 

  In view of the discussion on a possible extension of the scope of the simplified procedure (see above), it would be reasonable to use a 25 working day period for the reminder of the cases, as these, by definition, would involve a substantive analysis of competition effects. As a point of reference, it is noted that the existing proposal for revision of the UK merger control system would introduce a period of 30 working days.
  
   
• 163. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 164. 

  See europa.eu.int/comm/competition/mergers/others
  
   
• 165. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 166. 

  See also Commission Notice of 21.12.2000 on remedies acceptable under Council Regulation (EEC) No 4064/89 and under Commission Regulation (EC) No 447/98 ("the Notice").
  
   
• 167. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 168. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 169. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 170. 

  See, for example, Commission decision of 13.10.1999 in case COMP/M.1439 - Telia/Telenor, OJ L40, 9.2.2001.
  
   
• 171. 

  According to Article 19(5) the Member States are normally entitled to receive the preliminary draft decision two weeks in advance of the meeting of the Advisory Committee.
  
   
• 172. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 173. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 174. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 175. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 176. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 177. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 178. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 179. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 180. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 181. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 182. 

  COM(2000) 399 final - 28.06.2000
  
   
• 183. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 184. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 185. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 186. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 187. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 188. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 189. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 190. 

  COM(2000) 399 final - 28.06.2000
  
   
• 191. 

  A comparison of the size of filing fees in different jurisdictions can be found in Annex I, Section B.
  
   
• 192. 

  According to case law the Commission is not a tribunal in the sense of Article 6 (1) of the ECHR: Joined Cases 100-3/80 Musique diffusion Francaise v. Commission
   
• 193. 

  Joined Cases 100-3/80 op.cit., Case T- T-348/94 Enso Espanola v. Commission
   
• 194. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 195. 

  Commission Decision of 23.05.01 on the terms of reference of hearing officers in certain competition proceedings, OJ L 162/21, 19.06.2001.
  
   
• 196. 

  OJ L 322 of 19 December 2000
  
   
• 197. 

  As of 1 October 2001, RTL/VERONICA/ENDEMOL, GENCOR/LONRHO, KESKO/TUKO, BERTELSMANN/KIRCH/PREMIERE, AIRTOURS/FIRST CHOICE, WORLDCOM MCI/SPRINT AND GENERAL ELECTRIC/HONEYWELL.
  
   
• 198. 

  In the period 1996-2001, the FTC filed a complaint for a preliminary injunction to block the implementation of the merger in 12 cases. Seven of those cases went to trial and one was settled prior to trial. In four cases the parties abandoned their transaction after a complaint was filed (in another four cases, the parties abandoned after Commission had voted to file such a complaint or after learning of Staff's intention to recommend with Commission to seek a Preliminary Injunction). Thus, overall, the number of abandoned transactions over the period (8) was as high as the number of cases argued before a judge (7). In the period 1996-2000, the Deparment of Justice filed an action in district Court in relation to 80 cases, whilst 126 cases were restructured or abandoned prior to filing a complant as a result of an announced challenge.
  
   
• 199. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 200. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 201. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 202. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 203. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 204. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 205. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 206. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 207. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 208. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 209. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 210. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 211. 

  COM(2000) 399 final - 28.06.2000
  
   
• 212. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 213. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 214. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 215. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 216. 

  In 2000, only 20 out of 345 notifications were made under Article 1(3). For 1999, the corresponding figure was 12% or 34 out of 292 notifications.
  
   
• 217. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 218. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 219. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 220. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 221. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 222. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 223. 

  It may be noted that the available information does not support a proposal for a 'straightforward' reduction of the worldwide thresholds or of that for Community turnover in Article 1(2). While such measures, depending on the values chosen, obviously would have the effect of extending the Commission's jurisdiction, it appears unlikely that a way could be found for such measures to specifically target those concentrations with a cross-border impact.
  
   
• 224. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 225. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 226. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 227. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 228. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 229. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 230. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 231. 

  For a more detailed presentation, see Annex 1, Section B, on the results of the investigations undertaken by the Commission.
  
   
• 232. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 233. 

  At the same time, any such modifications would also most likely allow, inadvertently, a number of cases that are not subject to multiple filings in three or more Member States to come under the Commission's jurisdiction.
  
   
• 234. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 235. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 236. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 237. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 238. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 239. 

  The available information does not allow for any estimation about the likelihood that the shift to a two-country requirement under Article 1(3) (b) and (c) would bring cases that currently are subject to a single national notification under the Commission's jurisdiction.
  
   
• 240. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 241. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 242. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 243. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 244. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 245. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 246. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 247. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 248. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 249. 

  Any alternative approach would imply that the Commission would have to interpret the national merger laws. To the extent that national laws are not yet fully harmonised even when it comes to technical concepts such as calculation of turnover, this would raise issues about potentially divergent interpretations of national laws by the Commission and the Member States.
  
   
• 250. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 251. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 252. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 253. 

  The available information does not allow for any estimation about the likelihood that the shift to a two-country requirement under Article 1(3) (b) and (c) would bring cases that currently are subject to a single national notification under the Commission's jurisdiction.
  
   
• 254. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 255. 

  Case Govia/Conex (2001) referred to the authorities of the UK.
  
   
• 256. 

  In 2000, only 20 out of 345 notifications were made under Article 1(3). For 1999, the corresponding figure was 12% or 34 out of 292 notifications.
  
   
• 257. 

  For a more detailed presentation, see Annex 1, Section B, on the results of the investigations undertaken by the Commission.
  
   
• 258. 

  Case COMP/M.2216 ENEL/FT/Wind/Infostrada, referred to Italy on 19 January 2001, decision appealed before the competent national court; Case COMP/M.2044, Interbrew/Bass referred to the UK on 22 October 2000, decision on remedies quashed by competent national court on procedural grounds only.
  
   
• 259. 

  In 2000, only 20 out of 345 notifications were made under Article 1(3). For 1999, the corresponding figure was 12% or 34 out of 292 notifications.
  
   
• 260. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 261. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 262. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 263. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 264. 

  In fact, the latest Article 22(3) referral was made in 1997 by the Dutch Authorities in Case IV/M.890 - Blokker/Toys 'R' Us. In all only four cases have been referred to the Commission under this procedure, two from the Netherlands and one each from Finland and Belgium-
  
   
• 265. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 266. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 267. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 268. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 269. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 270. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 271. 

  This interpretation, on the other hand, has been criticised on efficiency grounds, as it arguably might not be necessary to request the parties to undertake the often detailed work involved in preparing several national notifications, if the case is ultimately likely to be referred to the Commission.
  
   
• 272. 

  Following the entry into force of the new French merger control system, this difficulty will only be generally applicable in the UK and in Luxembourg (but will, potentially, apply to any merger below the national merger control thresholds).
  
   
• 273. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 274. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 275. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 276. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 277. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 278. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 279. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 280. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 281. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 282. 

  COM(2000) 399 final - 28.06.2000
  
   
• 283. 

  See for examples IV/M.1080 - Thyssen/Krupp, Decision of 2 June 1998, COMP/M.1712 - Generali/INA, Decision of 12 January 2000 and COMP/M.1980 - Volvo/Renault, Decision of 1 September 2000.
  
   
• 284. 

  German, Austrian and Irish merger assessment rules, for example, apply to an acquisition of a 25% shareholding, regardless of changes in control in the meaning of the Merger Regulation. In these systems, a second notification may be required if, subsequently, sole control is acquired. Similarly, the UK merger rules apply, in addition to acquisitions of control, to transactions whereby one party acquires the ability to 'materially influence' another party. The US merger rules (Section 7 of the Clayton Act) also apply to situations that would not meet the definition of a concentration under the Merger Regulation. Issues relating to interlocking directorships are covered by Section 8 of the Clayton Act. The US rules employ, inter alia, a 'size-of-the-transaction test', which can apply to transactions that do not involve a transfer of control (in the Merger Regulation meaning), provided that the acquired securities exceed the
   
• 285. 

  See 24th Report on Competition Policy (point 156).
  
   
• 286. 

  JV.19 - KLM/Alitalia
  
   
• 287. 

  Notably the facts: that the parents would cease to operate in the markets pooled in the alliance; that they would run jointly the day to day business and would adopt jointly the main strategic and commercial decisions; that tangible assets of each of the parties would be exclusively dedicated to the Alliance; that the duration of the agreement would be long.
  
   
• 288. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 289. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 290. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 291. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 292. 

  Case M.1327 - NC/Canal
   
• 293. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 294. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 295. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 296. 

  OJ 2000 L 304, page 3.
  
   
• 297. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 298. 

  OJ 2000 L 304, page 7.
  
   
• 299. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 300. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 301. 

  A possible fourth scenario would involve joint bids. These cases are already treated as a single concentration for the purposes of the Merger Regulation, unless the joint bidders have agreed an immediate break-up of all the acquired assets according to a pre-defined plan. In the latter scenario, point 24 of the Notice on undertakings concerned specifies that each such acquisition of assets will be considered as a separate concentration. As this main principle is already established, there would be no need to amend the existing legal provisions. Nevertheless, it may be appropriate to further clarify the limitations of the exemption in point 24 of the Notice on undertakings concerned in the next revision of this Notice. Such clarification would explain that, to the extent that there is any uncertainty concerning the future disposition of the jointly acquired assets, the joint bid will be considered, in its totality, as a single concentration, the assessment of which will include any known dispositions to break up the acquired assets.
  
   
• 302. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 303. 

  Consequently changes would also be required to the Commission's interpretative Notices (see Notice on the concept of a concentration, point 16).
  
   
• 304. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 305. 

  Again, subsequent changes would be required to the Commission's interpretative Notices (see Notice on the concept of undertakings concerned, point 49-50)
  
   
• 306. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 307. 

  See also paragraph 0 (and following) on the relationship in these situations between Articles 4 and 7 of the Merger Regulation.
  
   
• 308. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 309. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 310. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 311. 

  COM(2000) 399 final - 28.06.2000
  
   
• 312. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 313. 

  COM(2000) 399 final - 28.06.2000
  
   
• 314. 

  The European trade association for VC investors (EVCA) includes, inter alia, bank subsidiaries and fund management companies, but also so called 'corporate ventures' who are subsidiaries of industrial companies. The aim of the latter category may be to invest in new technologies that will support or develop existing industrial activities.
  
   
• 315. 

  COM(2000) 399 final - 28.06.2000
  
   
• 316. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 317. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 318. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 319. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 320. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 321. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 322. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 323. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 324. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 325. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 326. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 327. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 328. 

  COM(2000) 399 final - 28.06.2000
  
   
• 329. 

  See point 40 of the Commission's Notice on the calculation of turnover.
  
   
• 330. 

  COM(2000) 399 final - 28.06.2000
  
   
• 331. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 332. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 333. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 334. 

  It is noted, however, that the United Kingdom and Ireland are contemplating reforms towards the introduction of an SLC test. Moreover, other Member States are interested in evaluating the possible advantages of moving to such a test.
  
   
• 335. 

  See, for example, OCDE/GD(96)65 'Efficiency claims in mergers and other horizontal agreements'.
  
   
• 336. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 337. 

  Published in the Official Journal of the European Communities on 29 July 2000 (OJ C 217, 29.07.2000, p. 32).
  
   
• 338. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 339. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 340. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 341. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 342. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 343. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 344. 

  Cases where fines have been issued for late notification also involved implementation of the concentration in contradiction to Article 14(2)(b) and Article 7(1), see Samsung and AP Möller.
  
   
• 345. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 346. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 347. 

  The fact of the notification is, in accordance with Article 4(3) published in the Official Journal of the European Communities.
  
   
• 348. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 349. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 350. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 351. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 352. 

  COM(2000) 399 final - 28.06.2000
  
   
• 353. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 354. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 355. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 356. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 357. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 358. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 359. 

  In view of the discussion on a possible extension of the scope of the simplified procedure (see above), it would be reasonable to use a 25 working day period for the reminder of the cases, as these, by definition, would involve a substantive analysis of competition effects. As a point of reference, it is noted that the existing proposal for revision of the UK merger control system would introduce a period of 30 working days.
  
   
• 360. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 361. 

  See europa.eu.int/comm/competition/mergers/others
  
   
• 362. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 363. 

  See also Commission Notice of 21.12.2000 on remedies acceptable under Council Regulation (EEC) No 4064/89 and under Commission Regulation (EC) No 447/98 ("the Notice").
  
   
• 364. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 365. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 366. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 367. 

  See, for example, Commission decision of 13.10.1999 in case COMP/M.1439 - Telia/Telenor, OJ L40, 9.2.2001.
  
   
• 368. 

  According to Article 19(5) the Member States are normally entitled to receive the preliminary draft decision two weeks in advance of the meeting of the Advisory Committee.
  
   
• 369. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 370. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 371. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 372. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 373. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 374. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 375. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 376. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 377. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 378. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 379. 

  COM(2000) 399 final - 28.06.2000
  
   
• 380. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 381. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 382. 

  In 2000, a total of 3021 notifications were made to the EU's national competition authorities, compared to 345 cases notified to the Commission in that year.
  
   
• 383. 

  Article 5 EC Treaty requires that action be carried out at the level at which objectives can be most sufficiently achieved. As specified in Commission Report to the European Council on the Adaptation of Community Legislation to the Subsidiarity Principle (COM(93) 545 final, 24.11.93), action should be taken at the mostly appropriate level of jurisdiction, in view of the objectives to be attained and the means available to the Community and Member States.
  
   
• 384. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 385. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 386. 

  See Commission proposal of 27.9.2000 for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty and amending Regulations (EEC) No 1017/68, (EEC) No 2988/74, (EEC) No 4056/86 and (EEC) No 3975/87, COM(2000) 582 final
  
   
• 387. 

  COM(2000) 399 final - 28.06.2000
  
   
• 388. 

  A comparison of the size of filing fees in different jurisdictions can be found in Annex I, Section B.
  
   
• 389. 

  According to case law the Commission is not a tribunal in the sense of Article 6 (1) of the ECHR: Joined Cases 100-3/80 Musique diffusion Francaise v. Commission
   
• 390. 

  Joined Cases 100-3/80 op.cit., Case T- T-348/94 Enso Espanola v. Commission
   
• 391. 

  Case n° COMP/M.1882 -Pirelli-BICC. Commision decision of 19.07.2000 under Article 8(2) of Regulation (EEC) n° 4064/89.
  
   
• 392. 

  Commission Decision of 23.05.01 on the terms of reference of hearing officers in certain competition proceedings, OJ L 162/21, 19.06.2001.
  
   
• 393. 

  OJ L 322 of 19 December 2000
  
   
• 394. 

  As of 1 October 2001, RTL/VERONICA/ENDEMOL, GENCOR/LONRHO, KESKO/TUKO, BERTELSMANN/KIRCH/PREMIERE, AIRTOURS/FIRST CHOICE, WORLDCOM MCI/SPRINT AND GENERAL ELECTRIC/HONEYWELL.
  
   
• 395. 

  In the period 1996-2001, the FTC filed a complaint for a preliminary injunction to block the implementation of the merger in 12 cases. Seven of those cases went to trial and one was settled prior to trial. In four cases the parties abandoned their transaction after a complaint was filed (in another four cases, the parties abandoned after Commission had voted to file such a complaint or after learning of Staff's intention to recommend with Commission to seek a Preliminary Injunction). Thus, overall, the number of abandoned transactions over the period (8) was as high as the number of cases argued before a judge (7). In the period 1996-2000, the Deparment of Justice filed an action in district Court in relation to 80 cases, whilst 126 cases were restructured or abandoned prior to filing a complant as a result of an announced challenge.
  
   
• 396. 

  De Europese Commissie kent nummers toe aan officiële documenten van de Europese Unie. De Commissie maakt onderscheid in een aantal typen documenten door middel van het toekennen van verschillende nummerseries. Het onderscheid is gebaseerd op het soort document en/of de instelling van de Unie van wie het document afkomstig is.
   
• 397. 

  De Raad van de Europese Unie kent aan wetgevingsdossiers een uniek toe. Dit nummer bestaat uit een vijfcijferig volgnummer gevolgd door een schuine streep met de laatste twee cijfers van het jaartal, bijvoorbeeld 12345/00 - een document met nummer 12345 uit het jaar 2000.
   
• 398. 

  Het interinstitutionele nummer is een nummerreeks die binnen de Europese Unie toegekend wordt aan voorstellen voor regelgeving van de Europese Commissie.
  Binnen de Europese Unie worden nog een aantal andere nummerseries gebruikt. Iedere instelling heeft één of meerdere sets documenten met ieder een eigen nummering. Die reeksen komen niet overeen met elkaar of het interinstitutioneel nummer.
   
• 399. 

  Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
   
• 400. 

  Als dag van bekendmaking van een Europees besluit geldt de dag waarop het besluit in het Publicatieblad wordt bekendgemaakt, en daardoor in alle officiële talen van de Europese Unie bij het Publicatiebureau beschikbaar is.