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Publishers Abstract:
In Portugal v. Commission, the Court of Justice dealt with a relatively straightforward issue concerning the respective competences of the Member States and the Commission to supervise the competition law aspects of a Community dimension merger under the European Merger Control Regulation. In particular, the Court was required to consider one aspect of the process whereby the Commission may assess the compatibility of 'legitimate interests' which Member States may seek to protect in the context of a Community dimension merger. Portugal v. Commission may appear to be a fairly mundane case about ensuring the effectiveness of the particular requirement in Article 21(3) of the Merger Regulation for Member States to notify the Commission about any proposed non-competition law measures to protect certain public interests which are not expressly provided for, so as to allow the Commission to assess their compatibility with Community law.
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