The case of Facebook and recent developments in EU merger procedural rules

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Abstract: 

On May 18, 2017 the European Commission addressed the case of Facebook (FB) regarding the infringements of merger procedural rules under EC Merger Rules (ECMR) for providing incorrect or misleading information. Facebook was fined with  110 million for breaching EU Merger procedural rules in providing incorrect or misleading information during the acquisition of Whatsapp. This case is discussed in detail in this paper with due regard to the legal background of the European Union Merger Regulation. The paper provides first, a general overview of the EU Merger Regulation and second, the main provisions dealing with EU Merger Procedural rules on misleading information with the recent developments in this field of law in light of the case of Facebook. It is a substantial indication for the merging undertakings to realize that it is mandatory to comply with EU rules while operating within the single market. In addition, such developments have also implications to Candidate countries such as Albania and Macedonia, which have to harmonize their legislation, including their Competition Laws and Policies in accordance with EU legislation. These implications to Albania and Macedonia will also be discussed in light of the recent developments in EU competition law in the case of Facebook.

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