IDEAS home Printed from https://ideas.repec.org/h/elg/eechap/21531_14.html
   My bibliography  Save this book chapter

Article 22 of the EC Merger Regulation – national and European control: energy sector

In: Research Handbook on EU Competition Law and the Energy Transition

Author

Listed:
  • Michał Krzykowski

Abstract

Article 22 of Council Regulation (EC) 139/2004 of 20 January 2004 allows for the referral of a concentration by one or more Member States to the European Commission. This system, referred to as the ‘Dutch clause’, aims to eliminate situations where the concentration, although lacking a Community dimension, does affect trade between Member States and threatens to significantly affect competition within the territory of the Member State(s) making the request. Nevertheless, the Commission developed a practice of discouraging referrals under Article 22 of the EUMR (by Member States that had no original jurisdiction over the transaction in question). However, this situation is likely to change with the adoption of new guidelines by the EC in 2021 (2021/C 113/01) regarding the application of the referral mechanism contained in Article 22 of the EUMR and the judgment of the EU General Court in case T-227/21 Illumina, Inc. v European Commission. This chapter analyses the potential application of the new EC guidelines in the energy sector and their effects on the market in question.

Suggested Citation

  • Michał Krzykowski, 2024. "Article 22 of the EC Merger Regulation – national and European control: energy sector," Chapters, in: Leigh Hancher & Ignacio Herrera Anchustegui (ed.), Research Handbook on EU Competition Law and the Energy Transition, chapter 14, pages 278-297, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:21531_14
    as

    Download full text from publisher

    File URL: https://www.elgaronline.com/doi/10.4337/9781803922591.00021
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    Law - Academic;

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:elg:eechap:21531_14. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Darrel McCalla (email available below). General contact details of provider: http://www.e-elgar.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.