European Community Merger Policy in the Service Industries: The Second Phase

This article examines recent developments in the application of the EU Merger Regulation to services. Policy evolution regarding the jurisdictional divide between Brussels and the national authorities is highlighted as is the contrasting treatment of different types of joint ventures. Particular attention is given to the first two prohibitions of service industry transactions (in broadcasting and related telecommunications) which were among only three cases banned under the Regulation in its initial five years. These show some of the problems of ensuring competition in services where access to infrastructure plays an important role. The conditional clearance after full proceedings of the first case where a separate market for technology was defined is also considered with reference to licensing.