38That concern for legal certainty implies that the authority having competence to examine a concentration must be able to be identified in a way which is foreseeable. That is the reason for which the Community legislature laid down, in Articles 1(2) and (3) and 5 of Regulation No 4064/89, precise and objective criteria which allow it to be determined whether a concentration has the economic size necessary for it to have a ‘Community dimension’ and, accordingly, to fall within the exclusive competence of the Commission.
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