Court of Justice (Fifth Chamber) 7 September 2017, C-248/16 (Austria Asphalt GmbH & Co OG v Bundeskartellanwalt.)

JUDGMENT OF THE COURT (Fifth Chamber) 7 September 2017 ( *1 ) (Reference for a preliminary ruling — Competition — Concentrations between undertakings — Regulation (EC) No 139/2004 — Article 3(1)(b) and (4) — Scope — Definition of ‘concentration’ — Change in the form of control of an existing undertaking which, previously exclusive, becomes joint — Creation of a joint venture performing on a