Acquisitions and mergers fall within the scope of Council Regulation (EC) 139/2004 when a number of criteria are met in relation to the turnover of the companies involved. Concentrations will have a Community dimension namely: when the aggregate world-wide turnover of all the undertakings concerned is more than 5,000 million EUR, and the aggregate Community-wide turnover of each of at least two of the undertakings concerned is more than 250 million EUR, unless each of the undertakings concerned achieves more than two-thirds of its aggregate Community-wide turnover within one and the same Member State. For the purposes of this Regulation, a concentration that does not meet the thresholds has a Community dimension where (a) the combined aggregate world-wide turnover of all the undertakings concerned is more than 2,500 million EUR; (b) in each of at least three Member States, the combined aggregate turnover of all the undertakings concerned is more than 100 million EUR; (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 EUR; and (d) the aggregate Community-wide turnover of each of at least two of the undertakings concerned is more than 100 million EUR; unless each of the undertakings concerned achieves more than two-thirds of its aggregate Community-wide turnover within one and the same Member State. If these conditions are not met, and the turnover thresholds provided by Italian legislation are attained, the merger operation falls within the scope of the Italian Competition and Fair Trading Act.

Less clear is the borderline between the areas under Community law and those under national law, in relation to agreements impeding competition and alleged abuses of dominant position. Community legislation applies to cases which would have a prejudicial impact on trade between Member States. In those cases, the Council Regulation (EC) 1/2003 allows the parallel application of national competition laws, subject to the primacy of the Community law. With particular reference to agreements between undertakings, the national competition authorities must respect the convergence rule contained in Article 3(2) of the Council Regulation.