14.2 Jurisdiction 451thirds rule aims to exclude purely domestic transactions from Community jurisdic-
tion.^23
A concentration thus has a Community dimension where: (a) the combined aggregate
worldwide turnover of all the undertakings concerned is more than €5 billion; and (b) the
aggregate Community-wide turnover of each of at least two of the undertakings concerned
is more than €250 million. However, the concentration does not have a Community dimen-
sion where each of the undertakings concerned achieves more than two-thirds of its aggre-
gate Community-wide turnover within one and the same Member State.^24
Second, Article 1(3) contains another set of thresholds designed to tackle those
concentrations which fall short of achieving Community dimension under Article
1(2), but would have a substantial impact in at least three Member States leading
to multiple notifications under national competition rules of those Member States.
For this purpose, Article 1(3) lays down lower turnover thresholds.^25
A concentration can thus have a Community dimension even where the concentration does
not meet the normal thresholds. A concentration that does not meet those thresholds has a
Community dimension where: (a) the combined aggregate worldwide turnover of all the
undertakings concerned is more than €2.5 billion; (b) in each of at least three Member
States, the combined aggregate turnover of all the undertakings concerned is more than
€100 million; (c) in each of at least three Member States included for the purpose of point
(b), the aggregate turnover of each of at least two of the undertakings concerned is more
than €25 million; and (d) the aggregate Community-wide turnover of each of at least two of
the undertakings concerned is more than €100 million. However, the concentration does not
have a Community dimension where each of the undertakings concerned achieves more
than two-thirds of its aggregate Community-wide turnover within one and the same Mem-
ber State.^26
On the other hand, there are some exceptions to this rule. First, the Commission
may also examine mergers which are referred to it from Member States’ national
competition authorities. Second, under certain circumstances, the Commission
may also refer a case to a Member State’s national competition authority.^27
Extraterritorial scope. Community dimension is also influenced by the extra-
territorial scope of the EC Merger Regulation.
In principle, the international scope of Community competition law is restricted
by the principle of territoriality, a general principle of public international law
which the Community must observe in the exercise of its powers.^28 However, the
ECJ has interpreted territoriality widely and applied the effects doctrine, also
(^23) Commission Consolidated Jurisdictional Notice, paragraph 125.
(^24) Article 1(2) of Regulation 139/2004 (EC Merger Regulation).
(^25) Commission Consolidated Jurisdictional Notice, paragraph 126.
(^26) Article 1(3) of Regulation 139/2004 (EC Merger Regulation).
(^27) See recital 15 of Regulation 139/2004 (EC Merger Regulation).
(^28) Joined Cases 89/85, 104/85, 114/85, 116/85, 117/85 and 125/85 to 129/85 Ahlström and
others v Commission [1988] ECR 5193, paragraph 18 (the Wood pulp case); Case C-
286/90 Poulsen and Diva Corp. [1992] ECR I-6019, paragraph 9.