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PART II |
| Concentrations subject to EC controls |
| 6. - (1) To the extent to which an agreement (either on its own or when taken together with another agreement) gives rise to, or would if carried out, give rise to a concentration, the Chapter I prohibition does not apply to the agreement if the Merger Regulation gives the Commission exclusive jurisdiction in the matter. |
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(2) To the extent to which conduct (either on its own or when taken together with other conduct) gives rise to, or would if pursued, give rise to a concentration, the Chapter II prohibition does not apply to the conduct if the Merger Regulation gives the Commission exclusive jurisdiction in the matter. |
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(3) In this paragraph- |
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"concentration" means a concentration with a Community dimension within the meaning of Articles 1 and 3 of the Merger Regulation; and |
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"Merger Regulation" means Council Regulation (EEC) No. 4064 of 21st December 1989 on the control of concentrations between undertakings as amended by Council Regulation (EC) No 1310/97 of 30th June 1997. |