WRITTEN QUESTION E-3227/00 by Luis Berenguer Fuster (PSE) to the Commission. Merger controls by the European Commission.
Date: 2000-10-17
Institutions: European Parliament, Provisional data
Subjects: EU law, Spain, company law, merger, merger control

8.5.2001

EN

Official Journal of the European Communities

C 136 E/209

(2001/C 136 E/244)

WRITTEN QUESTION E-3227/00

by Luis Berenguer Fuster (PSE) to the Commission

(17 October 2000)

Subject: Merger controls by the European Commission

Commissioner Monti has frequently expressed support for amending the regulation on merger controls to
give the Commission more scope for acting in this field. A number of cases would suggest that this is
entirely justified.

This applies to the planned merger announced in Spain between Endesa and Iberdrola, which seems to
enjoy the approval of the Spanish Government. When analysing this operation, it should be borne in mind
that the companies concerned generate two-thirds of their turnover in Spain and do not therefore have a
Community dimension. In addition, in Spain decisions on mergers are not taken by an independent body
such as a competition tribunal, but by the government itself.

Does the Commission consider that it should be empowered to act to control mergers in cases where they
involve companies in strategic sectors whose activities are centred in a single country?

What are the Commission(cid:146)s views on the proposed merger between the two main Spanish electricity
companies? Could this merger affect competition?

Answer given by Mr Monti on behalf of the Commission

(9 November 2000)

In its report (1) to the Council on the application of the Merger Regulation threshold (2) of June 2000,
submitted for information to the Parliament, the Commission expressed the view regarding mergers of
enterprises that achieve more than two-thirds of their turnover in one and the same Member State that (cid:145)As
far as the two-thirds rule is concerned, it is the Commission(cid:146)s experience that certain transactions with
clear cross-border effects are excluded from the scope of the Merger Regulation by this criterion. (cid:133) Still it
has to be concluded that
to allow any firm conclusions.
Consequently, further data collection and analysis would be required prior to making any concrete
conclusion or proposing specific amendments(cid:146).

the available information is insufficient

Given the absence of the necessary information to form even a preliminary view, the Commission is not in
a position to comment on the merger mentioned by the Honourable Member.

(1) COM(2000) 399 final.
(2) http://europa.eu.int/comm/competition/mergers/legislation.

(2001/C 136 E/245)

WRITTEN QUESTION E-3231/00

by Stefano Zappal(cid:224) (PPE-DE), Antonio Tajani (PPE-DE),
Guido Viceconte (PPE-DE), Generoso Andria (PPE-DE), Amalia Sartori (PPE-DE),
Giorgio Lisi (PPE-DE) and Mario Mantovani (PPE-DE) to the Council

Subject: Female circumcision in the European Union

(20 October 2000)

Given that female circumcision is performed on children between the ages of 4 and 12 in around 20
African countries, 10 south-east Asian countries and also in Europe; consists of the removal of the clitoris,