Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings

• Published date: 30 December 1989
• Official Gazette Publication: Official Journal of the European Communities, L 395, 30 December 1989

1989R4064 — EN — 01.03.1998 — 002.001 — 1

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

►B►C2 COUNCIL REGULATION (EEC) No 4064/89

of 21 December 1989

on the control of concentrations between undertakings ◄

(OJ L 395, 30.12.1989, p. 1)

Amended by:

Official Journal

No page date

►M1 Council Regulation (EC) No 1310/97 of 30 June 1997 L 180 1 9.7.1997

Amended by:

►A1 Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994

(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995

Corrected by:

►C1 Corrigendum, OJ L 73, 20.3.1990, p. 34 (4064/89)

►C2 Corrigendum, OJ L 257, 21.9.1990, p. 13 (4064/89)

►C3 Corrigendum, OJ L 3, 7.1.1998, p. 16 (4064/89)

►C4 Corrigendum, OJ L 199, 26.7.1997, p. 69 (1310/97)

►C5 Corrigendum, OJ L 40, 13.2.1998, p. 17 (1310/97)

NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999

should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) and

Council Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).

▼B

COUNCIL REGULATION (EEC) No 4064/89

of 21 December 1989

on the control of concentrations between undertakings

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic

Community, and in particular Articles 87 and 235 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social

Committee (3),

(1) Whereas, for the achievement of the aims of the Treaty estab-

lishing the European Economic Community, Article 3 (f) gives

the Community the objective of instituting ‘a system ensuring

that competition in the common market is not distorted’;

(2) Whereas this system is essential for the achievement of the

internal market by 1992 and its further development;

(3) Whereas the dismantling of internal frontiers is resulting and

will continue to result in major corporate reorganizations in the

Community, particularly in the form of concentrations;

(4) Whereas such a development must be welcomed as being in line

with the requirements of dynamic competition and capable of

increasing the competitiveness of European industry, improving

the conditions of growth and raising the standard of living in

the Community;

(5) Whereas, however, it must be ensured that the process of reorga-

nization does not result in lasting damage to competition;

whereas Community law must therefore include provisions

governing those concentrations which may significantly impede

effective competition in the common market or in a substantial

part of it;

(6) Whereas Articles 85 and 86, while applicable, according to the

case-law of the Court of Justice, to certain concentrations, are

not, however, sufficient to control all operations which may

prove to be incompatible with the system of undistorted compe-

tition envisaged in the Treaty;

(7) Whereas a new legal instrument should therefore be created in

the form of a Regulation to permit effective control of all

concentrations from the point of view of their effect on the struc-

ture of competition in the Community and to be the only

instrument applicable to such concentrations;

(8) Whereas this Regulation should therefore be based not only on

Article 87 but, principally, on Article 235 of the Treaty, under

which the Community may give itself the additional powers of

action necessary for the attainment of its objectives, including

with regard to concentrations on the markets for agricultural

products listed in Annex II to the Treaty;

(9) Whereas the provisions to be adopted in this Regulation should

apply to significant structural changes the impact of which on

the market goes beyond the national borders of any one Member

State;

(10) Whereas the scope of application of this Regulation should

therefore be defined according to the geographical area of

activity of the undertakings concerned and be limited by quanti-

1989R4064 — EN — 01.03.1998 — 002.001 — 2

(1) OJ No C 130, 19. 5. 1988, p. 4.

(2) OJ No C 309, 5. 12. 1988, p. 55.

(3) OJ No C 208, 8. 8. 1988, p. 11.

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