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Merger control in the European Union is shaped by an architecture of separatejurisdictional zones: the European Commission vets all mergers where the competitionconcern is of Community interest whereas mergers lacking a Community interestcome under the jurisdiction of the relevant member state. For this architecture to besuccessful an effective case allocating test is essential. Since the original 1989 MergerControl Regulation (MCR) the allocating test – the Community Dimension test(s) – andthe corrective structures supporting it have not fully conformed to the architecture ofjurisdictional zones in practice. Why has this been the case? Does the new 2004 MCRsolve the underlying problems?

The New EC Merger Control Regulation: Guaranteeing the Effectiveness of the Architecture of Separate Jurisdictional Zones?