26The referring court points out that, although the Court of Justice stated, in the judgment of 7 September 2017, Austria Asphalt (C‑248/16, EU:C:2017:643), that Regulation No 139/2004 alone is applicable to concentrations as defined in Article 3 of that regulation, to which Regulation No 1/2003 does not, in principle, apply, the Court did not give further details regarding the possible exceptions to that principle and did not rule on whether the interpretation given in the judgment of 21 February 1973, Europemballage and Continental Can v Commission (6/72, EU:C:1973:22), was still capable of applying, in particular, to concentrations below the thresholds for mandatory control, which have neither been analysed in the context of a mandatory ex ante control nor been referred to the Commission under Article 22 of Regulation No 139/2004.
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