Collective Dominance under EC Merger Regulation No 139/2004
The previous substantive test in Article 2(3) of the Merger Regulation 4064/89 had as its cornerstone the concept of dominance. The test that is also referred as dominance test, declared incompatible with the common market concentrations that would create or strengthen a dominant position as a result of which competition would be significantly impeded. The wording of the Article referred initially
