Mergers and concentrations occurring on the basis of acquiring of control in Serbian and EU competition law

Abstract

Relevant Serbian and EU competition legislation does not define what is considered a concentration, but regulates which business transactions lead to concentrations of undertakings. Concentrations can be differentiated according to whether the concentration affects legal position of the merging undertakings. A concentration shall be deemed to arise where a change of control on a lasting basis results from the merger of two or more previously independent undertakings or parts of undertakings. Second type of concentrations occurs in the case of an acquisition of control. Finally, the concentration shall be deemed to arise in the case of creation of a joint venture performing on a lasting basis all the functions of an autonomous economic entity. This paper analyses mergers and concentrations occurring on the basis of acquiring of control in Serbian and EU competition law.

Keywords

• Competition law
• concentrations
• mergers
• control
• decisive influence