Concentration of undertakings and interaction between European Commission and national authorities: Almost forgotten "Dutch" clause and other issues

Although the turnover criteria clearly divide merger review powers between the European Commission and the national competition authorities, in some cases the legislation also allows this strict division to be distorted. The transfer of power or interference from Member States in the European Commission's decision-making can have a potentially significant effect on the conduct of the transaction. At the same time, cases of delegation of power or interference by Member States may not be as unusual as it may seem at first glance.

Read the full article by Jan Kupcik here.

Spojování soutěžitelů a interakce mezi Evropskou komisí a národními úřady: pozapomenutá „holandská“ klauzule a další otázky. Právní rozhledy, 2022, no. 5, p. 153-165