Austria Asphalt GmbH & Co OG v Bundeskartellanwalt

European Union – Rules on competition. Article 3 of Council Regulation (EC) No 139/2004 should be interpreted as meaning that a concentration was deemed to arise upon a change in the form of control of an existing undertaking which, previously exclusive, became joint, only if the joint venture created by such a transaction performed on a lasting basis all the functions of an autonomous economic entity. The Court of Justice of the European Union so ruled in a preliminary hearing in proceedings concerning an alleged concentration between undertakings.

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