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The MCR does not conflict with Regulation 17, since the latter has been misapplied to concentrations. The effect of this misapplication is that the Commission has greatly diminished powers to apply Article 85 and 86 to concentrations. The MCR rectifies a number of shortcomings in the application of Article 85 and 86 to concentrations. Broadly, a merger occurs where two or more formerly independent entities unite. Obviously, a number of different transactions and agreements concluded by undertakings could result in a unification of the independent undertakings? decision-making process. Every jurisdiction needs to adopt a definition of what constitutes a merger for the purposes of any merger control legislation...
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Common topics in this essay:
- Mergers and Acquisitions
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