EU Merger Regulation: Regulation (EC) No 139/2004

Identifier

CELEX

32004R0139

Identifier

EC 139/2004

Adopted

2004-01-20

In force

2004-05-01

Applies from

2004-05-01

Articles

26

Judgments of the Court of Justice

3 decisions

• C-449/21Court of Justice of the European Union2023-03-16

  Towercast v Autorité de la concurrence and Ministère de l’Économie

  Reference for a preliminary ruling – Competition – Control of concentrations between undertakings – Regulation (EC) No 139/2004 – Article 21(1) – Exclusive application of that regulation to operations covered by the concept of ‘concentration’ – Scope – Concentration operation which has no Community dimension, is below the thresholds for mandatory ex ante control laid down in the law of a Member State and has not been referred to the European Commission – Control of such an operation by the competition authorities of that Member State in the light of Article 102 TFEU – Whether permissible.

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• C-633/16Court of Justice of the European Union2018-05-31

  Ernst & Young P/S v Konkurrencerådet

  Reference for a preliminary ruling — Control of concentrations of undertakings — Regulation (EC) No 139/2004 — Article 7(1) — Implementation of a concentration prior to notification to the European Commission and declaration of compatibility with the common market — Prohibition — Scope — Concept of ‘concentration’ — Termination of a cooperation agreement with a third party by one of the merging undertakings.

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• C-248/16Court of Justice of the European Union2017-09-07

  Austria Asphalt GmbH & Co OG v Bundeskartellanwalt

  Reference for a preliminary ruling — Competition — Concentrations between undertakings — Regulation (EC) No 139/2004 — Article 3(1)(b) and (4) — Scope — Definition of ‘concentration’ — Change in the form of control of an existing undertaking which, previously exclusive, becomes joint — Creation of a joint venture performing on a lasting basis all the functions of an autonomous economic entity.

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Binding case law

3 judgments the Court itself has marked as interpreting this act.

• C-449/2115fdff65-be9f-498f-b1aa-755246e40f6e2023-03-16

  Towercast v Autorité de la concurrence and Ministère de l’Économie

  Reference for a preliminary ruling – Competition – Control of concentrations between undertakings – Regulation (EC) No 139/2004 – Article 21(1) – Exclusive application of that regulation to operations covered by the concept of ‘concentration’ – Scope – Concentration operation which has no Community dimension, is below the thresholds for mandatory ex ante control laid down in the law of a Member State and has not been referred to the European Commission – Control of such an operation by the competition authorities of that Member State in the light of Article 102 TFEU – Whether permissible.

  ECLI:EU:C:2023:207EUR-LexThe Court
• C-633/16efbe2eef-8e65-4b47-ba73-ac0f0541c9a42018-05-31

  Ernst & Young P/S v Konkurrencerådet

  Reference for a preliminary ruling — Control of concentrations of undertakings — Regulation (EC) No 139/2004 — Article 7(1) — Implementation of a concentration prior to notification to the European Commission and declaration of compatibility with the common market — Prohibition — Scope — Concept of ‘concentration’ — Termination of a cooperation agreement with a third party by one of the merging undertakings.

  ECLI:EU:C:2018:371EUR-LexThe Court
• C-248/1615fdff65-be9f-498f-b1aa-755246e40f6e2017-09-07

  Austria Asphalt GmbH & Co OG v Bundeskartellanwalt

  Reference for a preliminary ruling — Competition — Concentrations between undertakings — Regulation (EC) No 139/2004 — Article 3(1)(b) and (4) — Scope — Definition of ‘concentration’ — Change in the form of control of an existing undertaking which, previously exclusive, becomes joint — Creation of a joint venture performing on a lasting basis all the functions of an autonomous economic entity.

  ECLI:EU:C:2017:643EUR-LexThe Court

Read from the Publications Office of the European Union on 2026-08-22.

Official source

• EUR-Lex, CELEX 32004R0139
• All language versions
• National instruments, EUR-Lex NIM

National instruments

• SE Svensk författningssamling, Riksdagen

  Not stated in the register · www.riksdagen.se

• NO Lovdata

  Not stated in the register · lovdata.no

• DK Retsinformation

  Not stated in the register · www.retsinformation.dk

• FI Finlex

  Not stated in the register · www.finlex.fi

• DE Gesetze im Internet

  Not stated in the register · www.gesetze-im-internet.de

• UK legislation.gov.uk

  Not stated in the register · www.legislation.gov.uk