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Concentration meaning

What does Concentration mean?
In merger control practice, a concentration is a transaction that brings previously independent undertakings under common control, whether by merging, acquiring (direct or indirect) control over the whole or part of another undertaking, or forming a full‑function joint venture that results in a lasting change of control. The term is defined in Article 3 of the EU Merger Regulation and is used in Ireland and before the European Commission to determine whether a notifiable concentration with an EU dimension exists. It does not cover purely contractual cooperation, temporary shareholdings held for resale by financial institutions, or arrangements that do not produce a lasting change of control. In the UK (England & Wales, Scotland and Northern Ireland), “concentration” is not the statutory term; the closest equivalent is a “relevant merger situation” under the Enterprise Act 2002, assessed by the Competition and Markets Authority (CMA). In Ireland, domestic law refers to “mergers or acquisitions” under the Competition Act 2002 (as amended), notified to the Competition and Consumer Protection Commission (CCPC), but the focus likewise lies on changes of control, including qualifying full‑function joint ventures. Practical significance: determines jurisdiction, notification thresholds, standstill obligations and the substantive competition assessment.
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View the related Checklists about Concentration

CHECKLISTS
Herfindahl–Hirschman Index (HHI) in merger control: calculation, examples, thresholds, delta interpretation and red flags—practical checklist for competition lawyers

To gauge concentration within a particular market, competition authorities often turn to the Herfindahl‑Hirschman Index (HHI) as a primary tool that supports and streamlines their assessment. Although the absolute HHI level provides an early signal of post‑merger competitive pressure, the movement in the HHI (the ‘delta’) functions as a practical proxy for the change in concentration directly attributable to the merger itself and its immediate effects. How to calculate the HHI The HHI is obtained by adding the squares of the individual market shares of all firms participating in the market, without omitting any active competitor...

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CHECKLISTS
Practical Checklist for Lawyers: Adjusting Office Environments and Communication for Neurodiverse Clients, with Capacity and Court of Protection Guidance (England and Wales)

What is neurodiversity? Neurodiversity is a collective term covering conditions like ADHD, the autism spectrum, dyscalculia, dyslexia and dyspraxia, which influence how someone experiences and engages with the world. Sensory stimuli can be overpowering for people with these profiles. Yet many are exceptionally bright when they can operate in ways that align with how their brain works. Society is increasingly recognising that it should adapt to include neurodiverse people, rather than expecting them to reshape themselves to fit in, so that they can participate fully in community life. These conditions are more prevalent than many realise and are often unidentified because individuals have learned to mask. Firms are placing greater focus on inclusion and diversity, and this checklist is intended to help them review their environment and make it as comfortable as possible for all clients. Environmental Factors Sensory distractions can hinder concentration and attention for neurodiverse individuals in certain office settings, so it is worth exploring whether reasonable adjustments could be introduced. The following checklist highlights...

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View the related Flowcharts about Concentration

FLOWCHARTS
EU Merger Regulation: Joint Venture Formation—Jurisdictional Assessment Flowchart (Decision Tree)

Flowchart This Flowchart explains the cancellation rights that must be offered to consumers who enter into on‑premises, off‑premises or distance contracts for the sale of digital content. It is intended for use when a practitioner needs to confirm the cancellation rights available to consumers purchasing digital content in line with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013). Note 1 — a consumer is an individual acting wholly or mainly for purposes outside their trade, business, craft or profession. Note 2 — certain sector contracts are governed by their own rules, including financial services contracts, rental contracts and package travel contracts, and are completely excluded from the CCR 2013. For more information, see Practice Note: Distance, doorstep and on‑premises sales — Excluded contracts...

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FLOWCHARTS
EU Foreign Subsidies Regulation: Flowchart on Concentration Notification Thresholds (Mergers, Acquisitions and Joint Ventures)

Purpose of the contract of insurance–flowchart This flowchart is designed to help determine whether specific arrangements amount to a contract of insurance. It should be consulted, where appropriate, together with Practice Notes: Identifying contracts of insurance in English law—an introduction, and also What is a contract of insurance? Contract of insurance–flowchart...

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View the related News about Concentration

NEWS
EU competition update: CJEU dismisses RWE/E.ON–Innogy appeals, no single concentration; AG on co-operative fine cap; GBER ruling on natural-person control; merger clearances and notifications

Mergers Court of Justice dismisses appeals by German energy utility companies regarding Commission’s decision to approve the acquisition by E.ON of the distribution and retail energy business as well as certain general assets of Innogy The Court of Justice has handed down its judgments in joined appeals C-171/24 P, C-172/24 P, C-173/24 P, C-174/24 P, C-175/24 P, C-176/24 P, C-177/24 P, C-178/24 P, and C-179/24 P, brought by German energy utilities against the Commission. These challenges targeted the General Court’s rulings that had rejected actions seeking annulment of the Commission’s decision conditionally authorising a related transaction involving E.ON and RWE’s assets. Each appeal was dismissed by the Court of Justice. The nine appeals concerned the General Court’s judgments in cases T-53/21, T-55/21, T-56/21, T-58/21, T-59/21, T-61/21, T-62/21, T-64/21, and T-53/21, which upheld the Commission’s 17 September 20219 decision conditionally clearing the acquisition by RWE of E.ON’s renewable and nuclear electricity generation assets (M.8870). The Court of Justice dismissed all nine appeals. Background RWE and E.ON are...

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NEWS
Weekly financial services regulatory round-up: prudential, financial crime and sanctions, enforcement, capital markets, ESG, banking, insurance, MiFID II, consumer credit, payments, pensions dashboards, and key dates — 14 November 2024

In this issue: Prudential requirements Financial crime and sanctions Complaints, compensation and claims management Investigations, enforcement and discipline Regulation of capital markets Sustainable finance and ESG Banks and mutuals Investment funds and asset management UK MiFID II Consumer credit, mortgage and home finance Regulation of insurance FSMA regulated pensions activity Payment services and systems Financial Services Enforcement Database Daily and weekly news alerts Intraday news alerts New and updated content Dates for your diary Prudential requirements COREPER asked to endorse agreement on CCP concentration risk treatment After the European Parliament adopted, in April 2024, a proposal for a directive of the Parliament and the Council to amend Directive 2009/65/EC (UCITS), Directive 2013/36/EU (CRD IV) and the Investment Firms Directive (EU) 2019/2034 (IFD), the Council of the EU’s General Secretariat released an ‘I/A’ Item Note inviting the Council’s Permanent Representatives Committee (COREPER) to confirm its agreement...

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NEWS
EU competition law daily update: mergers, antitrust appeal, Foreign Subsidies Regulation, state aid and Ukraine crisis measures (17 March 2025)

Mergers The Commission has been notified of CDPE/Trilantic/Agri Holding (M.11880) under the simplified merger procedure. Commitments were submitted in M.11253 involving Safran and part of Collins Aerospace’s actuation and flight control business. For live merger reviews, see EU mergers—ongoing cases tracker. Antitrust Meta Platforms and Meta Platforms Ireland have filed Case T–66/25 before the General Court, contesting the Commission’s decision in Meta (Facebook Marketplace) (AT.40684). For live antitrust appeals, see General Court appeals—ongoing cases tracker. Foreign Subsidy Regulation The Commission has received a concentration notification in Omnicom/IPG (FS.100190). For live Foreign Subsidies Regulation probes, see Foreign Subsidies Regulation—ongoing cases tracker. State aid Under EU State aid rules, the Commission approved a Czech scheme (€90m) to support building, refurbishing, and acquiring affordable rental homes—see Midday Express. For live State aid decisions and investigations, see EU State aid decisions—ongoing cases tracker. Russian’s invasion...

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View the related Practice Notes about Concentration

PRACTICE NOTES
CK Telecoms UK v Commission: EU General Court annuls merger prohibition; clarifies unilateral effects, important competitive force, standard of proof, and network-sharing/wholesale analyses under the EU Merger Regulation

CASE HUB NOTE—appeal lodged before the Court of Justice in Case C- 376/20 P ARCHIVED This archived case hub records the position as at the judgment of 28 May 2020 and is no longer maintained. For more detail, see the timeline, commentary and related cases. An appeal was lodged before the Court of Justice in Case C‑376/20 P. Case facts Outline Appeal before the General Court against the European Commission’s 2016 decision to block the proposed acquisition of Telefónica Europe plc by Hutchison 3G UK Investments Limited, taken under the EU Merger Regulation (Case M.7612). Latest development On 28 May 2020, the General Court handed down its judgment, upholding the action and annulling the Commission’s prohibition decision. The court set aside the prohibition. The Commission’s analysis of unilateral (non-coordinated) effects contained multiple errors of law and appraisal and did not show, to a sufficiently high degree of probability, that prices would rise markedly. The Commission did not establish that the transaction’s...

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PRACTICE NOTES
EU Foreign Subsidies Regulation: Closed European Commission preliminary investigations tracker (2024–2026)

Below is a record of every Commission preliminary probe concluded under the Foreign Subsidies Regulation (EU) (Regulation 2022/2560) (the FSR). For details on all live Commission FSR enquiries, see: Foreign Subsidies Regulation—ongoing cases tracker. For information on all finalised Commission in‑depth reviews, see: FSR in‑depth investigations—closed cases tracker. For updates on challenges before the General Court and the Court of Justice, see: General Court FSR appeals—ongoing cases tracker and Court of Justice FSR appeals—ongoing cases tracker. 2026 Case (Case number) Type of assessment Industry sector Latest development Salzgitter Mannesmann/Hüttenwerke Kruppe Mannesmann (FS.100311) Concentration Manufacture of basic iron and steel and of ferro‑alloys • Deadline has passed—13/05/2026 • Notification—07/04/2026 Orange/Masorange (FS.100292) Concentration Wired, wireless, and satellite telecommunications activities • Deadline passed—13/05/2026 • Notification—07/04/2026 Eurazeo/Eiffel/Segula (FS.100326) Concentration Engineering activities and related technical consultancy • Deadline passed—12/05/2026 • Notification—01/04/2026 Honda/Astemo (FS.100296) Concentration Manufacture of electrical and electronic equipment for motor vehicles • Deadline passed—12/05/2026 • Notification—01/04/2026 EPG/Fnac Darty Group (FS.100318) Concentration Retail sale of information...

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PRACTICE NOTES
Italy merger control: mandatory thresholds, ICA below-threshold call-in, SIEC test, timelines, voluntary notifications, no standstill (possible suspension), penalties, sector regulators, online filing from 2026

NOTE—to check whether notification thresholds in Italy and around the world are met, see: Where to Notify. 1. Have there been any recent developments regarding the Italian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Italy? A key recent change to the Italian merger control framework was introduced in 2022, granting the Italian Competition Authority (ICA) the power to examine below-threshold deals. Further, Italian rules have been fine-tuned to align with the principles and provisions of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation), a text with EEA relevance (EUMR). Article 16.1 of Law No. 287 of 10 October 1990 (Italian Competition Law, ICL 1990) provides that a concentration must be notified to the ICA prior to implementation where both of the following thresholds—adjusted annually to reflect any increase in the GDP deflator—are satisfied: the combined Italian turnover of...

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View the related Precedents about Concentration

PRECEDENTS
Workplace Substance Misuse Policy (UK): Alcohol and Drugs Rules, Referrals, Medical Examination, Testing, Searches, Confidentiality and Disciplinary Procedures

1 Introduction 1.1 Our people are the Company’s greatest asset, and safeguarding their health and safety is of the highest priority. The Company is committed to maintaining healthy, safe and productive working conditions for all staff at all times. Alcohol or drug misuse can undermine employees’ health and wellbeing and put the ongoing success of our business at risk. We recognise that these substances may affect an individual’s ability to work correctly and safely; accordingly, we seek to provide and maintain a workplace free from the inappropriate use of substances, where employees can carry out their duties efficiently and without danger. We also accept that, in certain cases, an alcohol or drug issue may constitute an illness. 1.2 Employees must also exercise reasonable care for their own safety and for others who might reasonably be affected by their actions. 1.3 There are often clear warning signs that could indicate that someone is struggling, including: a decline in work performance a...

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