Legal standing of the third parties in the process of judicial review of concentrations between undertakings, according to the EU and bulgarian law

Authors:

Pages: 202-210

Abstract:

The Judicial review of administrative decisions concerning concentrations, has an essential part of the legal regime, which regulates competition. The specific legal provisions concerning EU merger control are contained in the Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (ECMR). The Regulation deals with concentrations which have a Community dimension. Those without such a dimension, fall under the scope of national law of the Member State. Judicial issues cover the inter – relationship between merger control at EU and national level 1. Article 21, para. 4 of ECMR allows Member States to take appropriate measures to protect legitimate interests other than those taken into consideration by the Regulation and compatible with the general principles of Community law. The third parties, who are affected by the concentration, have the right to be heard and to challenge before the court the administrative decision, if they are directly and individually affected by the administrative act. The present article provides useful information of the Court’s approach to judicial review in the context of relevant judgements of Court of Justice of the European Union, General court and Bulgarian Supreme Administrative Court.

Keywords:

concentration, third parties rights of appeal, Regulation 139/2004, merger control, undertaking.

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