European Community

This page explains the European Community Merger Regulation and allows you to download ECA documents.

ECA procedures guide (24 kb)
Outlines the procedures for processing mergers subject to investigation in more than one country (multi-jurisdictional mergers).

ECA principles on Article 22  Revised Jan 2005 (57 kb)
Sets out the type of merger that might be suitable for referral to the European Commission under Article 22.

Mergers and alliances in civil aviation (318 kb)
A report of the ECA Air Traffic Working Group

European Community Merger Regulation

Under the European Community Merger Regulation (ECMR), the European Commission has jurisdiction over 'concentrations with a Community dimension' as defined in the Regulation. National competition authorities may not apply their own competition laws to these mergers, except in certain limited circumstances.

The UK competent authorities for the purpose of the Merger Regulation are the Secretary of State, the OFT and (in limited circumstances) the Competition Commission.

As of 3 September 2002, the OFT has sole charge of all UK competition advice to the European Commission on cases falling to the ECMR and for decisions on whether to request the referral of an ECMR case to the UK under Article 9 of the ECMR. On the entry into force of the Enterprise Act, decisions on whether to refer a UK merger to the Commission in accordance with Article 22 will also fall to the OFT alone. The Secretary of State retains responsibility for UK policy on legislative initiatives in relation to the ECMR. The Secretary of State also has responsibility for the taking of decisions relating to mergers falling to the ECMR on action to protect the UK's national security and other legitimate non-competition interests in accordance with Article 296 EC Treaty or Article 21(3) ECMR.

Those mergers which fall within the provisions of the Regulation must be notified to the European Commission within not more than one week after either

• the conclusion of the agreement; or
• the announcement of a public bid; or
• the acquisition of a controlling interest.

The European Commission has prescribed the form in which a notification should be made. This is set out in Form CO, published as an annexe to the Commission's Implementing Regulation 3384, which can be obtained on the Commission's website. 

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