Brussels GA&P (November 2013)

Pursuant to Article 22 of the EU Merger Regulation, an EU national competition authority may request the Commission to examine a concentration that does not have Community dimension when this transaction affects trade between Member States and threatens to&nbsp, significantly affect competition within the territory of the State making the request. The Commission views this provision as a ‘useful corrective instrument’ to ensure the proper allocation of cases between the Commission and the Member States (Communication from the Commission: Report from the Commission to the Council on the operation of Regulation No 139/2004, COM (2009) 281 final, 18 June 2009, para. 21).