No C 51/8 Official Journal of the European Communities 23.2.84 
II 
(Preparatory Acts) 
COMMISSION 
Amendment to the proposal for a Council Regulation on the control of concentrations 
between undertakings (') 
COM(84) 59final 
(Submitted by the Commission to the Council pursuant to Article 149 (2) of the EEC Treaty 
on 7 February 1984) 
(84/C 51/13) 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Preamble and recitals unchanged 
Article 1 
Basic provisions 
1. Any transaction which has the direct or indirect 
effect of bringing about a concentration between 
undertakings or groups of undertakings, at least one 
of which is established in the common market, 
whereby they acquire or enhance the power to hinder 
effective competition in the common market or in a 
substantial part thereof, is incompatible with the 
common market in so far as the concentration may 
affect trade between Member States. 
The power to hinder effective competition shall be 
appraised at Community level and by reference in 
particular to the extent to which suppliers and 
consumers have a possibility of choice, to the 
economic and financial power of the undertakings 
concerned, to the structure of the markets affected, to 
the effects of international competition, and to supply 
and demand trends for the relevant goods or services. 
A concentration shall be presumed to be compatible 
with the common market where the market share of 
the goods or services concerned accounts in the 
common market for less than 20 % of the turnover in 
identical goods or services or in goods or services 
which, by reason of their characteristics, their price 
and their use are regarded as similar by the consumer. 
The presumption of compatibility with the common Article 1 
Basic provisions 
1. Unchanged. 
The power to hinder effective competition shall be 
appraised at Community level and by reference in 
particular to the extent to which suppliers and 
consumers have a possibility of choice, to the 
economic and financial power of the undertakings 
concerned, to the structure of the markets affected, to 
international competition, and to supply and demand 
trends for the relevant goods or services. 
A concentration shall be presumed to be compatible 
with the common market where the market share of 
the goods or services concerned accounts in the 
common market, or in a substantial part thereof, for 
less than 20 % of the turnover in identical goods or 
services or in goods or services which, by reason 
of their characteristics, their price and their use 
are regarded as similar by the consumer. The 
(') OJ No C 36, 12. 2. 1982, p. 3. 
23. 2. 84 Official Journal of the European Communities No C 51/9 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
market can be rebutted if the Commission establishes 
that a concentration giving a market share below this 
threshold is nonetheless incompatible with the 
common market. 
2. Paragraph 1 shall not apply where the aggregate 
turnover of the undertakings participating in the 
concentration is less than 500 million ECU. 
3. Paragraph 1 may, however, be declared inap­
plicable to concentrations which are indispensable to 
the attainment of an objective which is given priority 
treatment in the common interest of the Community. presumption of compatibility with the common 
market can be rebutted if the Commission establishes 
that a concentration giving a market share below this 
threshold is nonetheless incompatible with the 
common market. 
2. Paragraph 1 shall not apply where the aggregate 
turnover of the undertakings participating in the 
concentration is less than 750 million ECU unless, 
irrespective of turnover in the market as a whole, the 
share in a substantial part of the common market is 
greater than 50 %. 
3. Paragraph 1 may, however, be declared inap­
plicable to concentrations which are indispensable to 
the attainment of a priority of the Community. 
Articles 2 and 3 unchanged 
Article 4 
Prior notifications of concentrations Article 4 
Prior notifications of concentrations 
Paragraph 1 unchanged 
2. Where concentrations proposed by an under­
taking or a group of undertakings have already 
reached or exceeded the amounts referred to in 
paragraph 1, they shall be exempted from the 
obligation of prior notification, if the turnover of the 
undertaking, the control of which they propose to 
acquire, is less than 30 million ECU. 2. Where concentrations proposed by an under­
taking or a group of undertakings have already 
reached or exceeded the amounts referred to in 
paragraph 1, they shall be exempted from the 
obligation of prior notification, if the turnover of one 
of the undertakings concerned is less than 30 million 
ECU. 
Paragraphs 3 and 4 unchanged 
Article 5 unchanged 
Article 6 
Commencement of proceedings 
1. Where the Commission considers that a 
concentration is likely to become the subject of a 
decision under Article 1 (1) or (3), it shall commence 
proceedings and so inform the undertakings in 
question and the competent authorities in the 
Member States. Article 6 
Commencement of proceedings 
1. Where the Commission considers that a 
concentration is likely to become the subject of a 
decision under Article 1 (1) or (3), it shall commence 
proceedings immediately and so inform the under­
takings in question and the competent authorities in 
the Member States. 
Paragraphs 2 to 4 unchanged 
Articles 7 to 22 unchanged 
Article 22a 
The Commission may publish, from time to time, rules 
providing guidance to undertakings on the circum­
stances in which mergers or concentrations will be 
subject to examination or review by the Commission.