Concentrations of entrepreneurs occur simultaneously on the national and European level, however, there is a criterion of the entrepreneur’s turnover, which is an indicator of whether the concentration is subject to control by the authorities of the Member States or EU authorities. Council Regulation (EC) No. 139/2004 of 20 January 2004 on the control of concentrations between undertakings is a fundamental legal act defining the criteria for controlling concentrations of undertakings.

Concentration of entrepreneurs will have a Community dimension if the total global turnover of the enterprises involved in the concentration exceeds EUR 5 billion and at least two of the involved enterprises have a turnover of EUR 250 million in the European Union or the total global turnover of the enterprises involved exceeds EUR 2, EUR 5 billion and at the same time in at least three Member States the turnover of the companies involved will be EUR 100 million and in at least two of these three EU countries the turnover of at least two of the companies involved will be more than EUR 25 million. It should be noted that the Council of the European Union, after receiving the report, may adjust the turnover thresholds and increase or decrease them at the request of the European Commission.

The turnover of the undertakings participating in the concentration must be expressed in euro. Difficulties are caused by the fact that not all EU Member States use the euro as their currency, but other national currencies. The conversion of the company’s turnover in the financial year may vary depending on the exchange rate. According to the European Commission, when converting the amount of turnover, the average euro exchange rate for the given 12 months should be used, which is available on the website of the Directorate-General for Competition.

Concentration of entrepreneurs with an EU dimension will have similar forms to those listed in the Law on Competition and Consumer Protection, i.e. taking control of entrepreneurs, acquiring the property of another entrepreneur, creating a joint venture or merging entrepreneurs.

The entity authorized to conduct proceedings on the concentration of undertakings with an EU dimension is the European Commission and it is to this Commission that the intention to carry out the concentration should be notified. The applicable principle of the exclusive jurisdiction of the European Commission means that entrepreneurs whose intention is to carry out a concentration are not subject to separate antitrust proceedings in the Member States, but the proceedings regarding their concentration are conducted by the Commission, whose decision cannot be questioned by individual antitrust authorities of the Member States.

Entrepreneurs intending to carry out a concentration are obliged to notify the intention to the European Commission, which within 25 working days from the date of notification makes decisions regarding the concentration, in the so-called Phase I of the application procedure. The Commission may consider that the notified concentration does not meet the European dimension and does not have to assess the effects of the concentration on the market. It therefore forwards the case to the antitrust authorities of the Member States. Another decision that the Commission may issue is a statement, after analyzing the effects of the concentration on the market, that the intended concentration is in line with the internal market and the Commission will not object to the concentration. The third type of decision that the Commission may issue is consent to the introduction of accessory restrictions.

The deadline of 25 working days for the Commission’s decision corresponds to the principle of speed of the procedure, but the deadline can be extended to 35 days at the request of a Member State.

In most cases, the procedure is completed at the stage of the first stage of the procedure. The second phase is passed in cases where the concentration raises serious doubts with the common market. The deadline for completing the procedure is extended to 90 days. At that time, the European Commission is examining the impact of concentration on competition on the common market. The proceedings may be concluded with a decision declaring the concentration compatible or incompatible with the common market.

The Commission has the power to impose a fine of up to 10% of turnover on entrepreneurs when they fail to notify the intention to concentrate and when they carry out a concentration in violation of the regulations. In determining the amount of the fine, the European Commission takes into account the type, severity and duration of the violation committed by the entrepreneur.