Rules of Company Mergers According to the Rule of Competition in the Light of European Community Merger Regulation No. 139/2004
Dr. Mahmoud Fayyad
Assistant Professor – Civil Law Department – College of Law – Sharjah University – UAE
The aim of this research is to examine the federal measures that are constituted in European Community (EC) Merger Regulation No.139 of 2004 that govern the merger of undertakings with respect to the requirements and criteria of fair competition and the prohibition of dominance in the federal market. The study highlights the terms of EC Merger Regulation No. 139 of 2004, decisions of the European Commission on competition in addition to jurisprudence of the European Court of Justice that relate to this subject. It begins with an analysis of the general European policy of competition, the definition of merger and the scope of application of the EC Merger Regulation. It then examines the legitimacy of mergers and their compliance with the requirements of the competitive market and good faith trading. The study concludes that the merger per se is not the target of prohibition provided by the EC Merger Regulation. Instead, the prohibition applies where agreed undertakings abuse their dominant position in the federal or national markets.