Abstract
Beginning with a certain turnover, the EU merger rules are to be applied to cross-border concentrations, irrespective of the size of the company or area of their activity. A pre-merger notification to the European Commission is obligatory. Most cases are closed by the completion of the phase I, which lasts approximately six weeks. Only a small percentage (5%) passes into the phase II, which means another four months time of investigation. The final decision is then subject to juridical review by the Court of First Instance (CFI) and European Court of Justice. At the beginning of the new millennium high-profile cases have called attention to the differences in approach between the competition authorities. On 16 February 2001 the Commission received a notification of a merger plan of Schneider Electrics who wanted to acquire Legrand by way of an exchange of shares announced on 15 January 2001. The offer involves a concentration of all the shares of Legrand and according to the Merger Regulation that demonstrates an acquisition of sole control.
