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The paper demonstrates how this approach will guarantee that virtually all mergers with a potential Community competition concern would come under EU law, and that this leads to a number of positives: the near elimination of the misallocation problem and associated issues, in addition to streamlining the operation of the said architecture.

However, the paper also recognises that the more cooperative approach does not resolve the enforcement gap at member state level, with only three member states—Germany, Austria and the UK—currently having the capability under national law to vet minority shareholdings, although it may spur others to act.

In these cases, the Commission has no legal authority to investigate the matter on competition grounds.Thereafter, the Commission’s proposal to end this gap, known as the targeted transparency system, which intentionally fits with the EUMR’s established architecture of separate jurisdictional zones, is explored.However, the paper reveals that the inability of the architecture of separate jurisdictional zones to guarantee that nearly all merger cases with a potential Community competition concern would be vetted under EU law is echoed by the Commission’s targeted transparency system in respect of minority shareholdings.Such coordination may manifest as an explicit agreement between firms but it may also take the form of tacit collusion.Similarly, an undertaking acquiring a significant minority shareholding in a close competitor could increase the ability and willingness of the two involved undertakings to explicitly or tacitly engage in coordinated behaviour—particularly if the minority shareholding gave the acquirer access to the commercial secrets of its rival—so as to maximise profitability.

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