D
Deleted member 11852
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I cannot think of any other way to say but acquisitions and mergers are not trade. There is a good reason why inside the Commission, there is a DG and Department for Trade and a completely separate DG and Department for Competition. There is no overlap.If a member state wants to violate EU customs by implementing it's own border checks then it should be prepared to face retaliation by other members doing the same to the original offending member state ...
Again, trade and customs do not cover acquisitions. I also would point out a principle that runs through much EU policy and that is the things on which EU law has primacy and things where EU law acknowledges that Member States can play the national security card. And an area where this is becoming more commonplace is for acquisitions and mergers.Article 30 of the Treaty for on the Functioning of European Union states that "Customs duties on imports and exports and charges having equivalent effect shall be prohibited between Member States. This prohibition shall also apply to customs duties of a fiscal nature" which effectively means no customs border's between the different member states ...
There are two reasons for this and the first is that whilst it is the Commission's role to look is assess impact, vis-a-vis competition to consumers, across the Union, acquisitions and mergers - particularly large ones - can have an impact on an individual members states economic security. The second is that acquisitions and mergers can be detrimental to member states' national security. Foreign acquisitors of sensitive technologies is something a lot of countries are concerned about.