Each Member State shall apply this Directive to mergers, divisions, transfers of assets and exchanges of shares in which companies from two or more Member States are involved.

A concentration which consists of a merger within the meaning of Article 3(1)(a) or in the acquisition of joint control within the meaning of Article 3(1)(b) shall be notified jointly by the parties to the merger or by those acquiring joint control as the case may be.

Under Article 14(1)(a) of the EC Merger Regulation, parties making a reasoned submission who, either intentionally or negligently, provide incorrect or misleading information, may be liable to fines of up to 1 % of the aggregate turnover of the undertaking concerned.

(b) one or more merging parties are important innovators in ways not reflected in market shares;

When an undertaking concerned in a concentration within the meaning of Article 1 of the Merger Regulation fn belongs to a group, the turnover of the group as a whole is to be taken into account in order to determine whether the thresholds are met.

In the case of a merger within the meaning of Article 3(1)(a) of the Merger Regulation or the acquisition of joint control in an undertaking within the meaning of Article 3(l)(b) of the Merger Regulation, the notification shall be completed jointly by the parties to the merger or by those acquiring joint control as the case may be.

A concentration which consists of a merger within the meaning of Article 3 (1) (a) or in the acquisition of joint control within the meaning of Article 3 (l) (b) shall be notified jointly by the parties to the merger or by those acquiring joint control as the case may be.

A concentration which consists of a merger within the meaning of Article 3(1)(a) or in the acquisition of joint control within the meaning of Article 3(1)(b) shall be notified jointly by the parties to the merger or by those acquiring joint control as the case may be.

Although the Merger Regulation does not explicitly mention this rule for those cases where the undertaking concerned is in fact a joint venture, it is inferred from the text of Article 5(4)(c), which uses the plural when referring to the parent companies.

If the parties to the concentration, and/or other involved parties (including the seller and minority shareholders), enter into ancillary restrictions directly related and necessary to the implementation of the concentration, these restrictions may be assessed in conjunction with the concentration itself (see Article 6(1)(b) and Article 8(2) of the Merger Regulation, recital 25 to the Merger Regulation, recital 7 to Regulation (EC) No 1310/97 and the Commission notice on restrictions ancillary to concentrations) (l).

one or more merging parties are important innovators in ways not reflected in market shares;

companies which have been parties to a merger shall be jointly and severally liable in respect of the obligations of the acquiring company referred to in (g).

Specific provisions, depending on the features of the institutions involved in the merger, are set out in Annex II to Regulation (EC) No 2423/2001 (ECB/2001/13).

When an undertaking concerned in a concentration within the meaning of Article 1 of the Merger Regulation (8) belongs to a group, the turnover of the group as a whole is to be taken into account in order to determine whether the thresholds are met.

In the case of a merger within the meaning of Article 3(1)(a) of the Merger Regulation or the acquisition of joint control in an undertaking within the meaning of Article 3(1)(b) of the Merger Regulation, the notification shall be completed jointly by the parties to the merger or by those acquiring joint control as the case may be.

Under Article 14(1)(a) of the EC Merger Regulation, parties making a reasoned submission who, either intentionally or negligently, provide incorrect or misleading information, may be liable to fines of up to 1 % of the aggregate turnover of the undertaking concerned.

If the parties to the concentration, and/or other involved parties (including the seller and minority shareholders), enter into ancillary restrictions directly related and necessary to the implementation of the concentration, these restrictions may be assessed in conjunction with the concentration itself (see Article 6(1)(b) and Article 8(2) of the Merger Regulation, recital 25 to the Merger Regulation, recital 7 to Regulation (EC) No 1310/97 and the Commission notice on restrictions ancillary to concentrations) (20).