European Community Merger Control in the Service Industries

This article examines the application of the EC Merger Regulation to service industries in the light of the 50 final decisions relating to services taken in its first two years of operation. These cases generally raised few competition concerns and only one (Accor/Wagons-Lits) has led to full proceedings. However they have raised important questions about the calculation of turnover, definition of control and treatment of joint ventures as well as uncertainties about jurisdiction. An understanding of the Commission's evolving policy will be of increasing importance as service industries internationalise, especially if thresholds for investigation are eventually lowered as the Commission has proposed.