Book Review: Two Books on Merger Law: Mergers and Joint Ventures in Europe: The Law and Policy of the EEC

• DOI: 10.1177/0003603X9704200115
• Date: 01 March 1997
• Published date: 01 March 1997
• Subject Matter: Book Review

Book reviews 221

Mergers

and

Joint Ventures in Europe:

The Law

and

Policy

of

the EEC

Frank

L. Fine

London: Graham &TrotmanlMartinus

Nijhoff

(2d ed. 1994), 778 pp.,

$256.

Frank L. Fine has written asecond edition

of

Mergers

and

Joint Ventures in Europe: The

Law

and

Policy

of

the EEC. Unfor-

tunately, the first edition was rendered antiquated months follow-

ing its publication. In the 1989 edition, Mr. Fine sought to examine

the status of EC merger regulation under articles 85 and 86 of the

Treaty of Rome. However, in December 1989 the Council of Min-

isters adopted the

MCR

that came into effect on September 21,

1990. This regulatory change fundamentally altered merger review

within the Community, and quickly rendered the volume less use-

ful. In this second edition Mr. Fine provides an examination

of

the

MCR

and-importantly-its

subsequent implementation by the

Merger Task Force of Directorate-General IV (DG-IV).

Fortunately there is a developing literature on transnational

merger control. In the instant volume, Mr. Fine has written a very

fine examination

of

merger regulation in the European Union.

While not encyclopedic, it provides the reader with detailed dis-

cussions of Community merger law and regulation.

Organizationally, the book begins with an introduction to the

European Union and Community institutions with discussion of

the Commission, Council of Ministers, European Parliament, and

the Courts of Justice and First Instance. This introductory chapter

discusses the relevant provisions of the Treaty of Rome focusing

with particularity on articles 85 through 89. The relevant Commu-

nity Regulations are explored; regulation 17 and the MCR being

most

prominent. Mr.

Fine

then discusses enforcement arrange-

ments with third

countries

highlighting

cooperation with U.S.

authorities. Adiscussion

of

the respective roles

of

the national

authorities and national courts follows.

The

section

concludes