Porter Elliott

Van Bael & Bellis (Brussels)
Lawyer (Partner)

Porter Elliott has been a partner at Van Bael & Bellis since 2005. He specialises in competition law, with particular experience in merger control proceedings, having successfully represented clients in numerous complex cases before the European Commission as well as national competition authorities in Europe and elsewhere. He also regularly counsels clients on all other aspects of competition law, including cartels, abuses of dominant market position and distribution agreements. Porter Elliott regularly speaks and publishes on issues of EU competition and merger control law. He is the co-editor of The European Lawyers’ Reference Guide on Merger Control and was a key contributor to the fifth edition of Van Bael & Bellis’ Competition Law of the European Community. He was the original editor the newsletter Van Bael & Bellis on Competition Law, and from 1995 to 1996, he served as the Editor-in-Chief of the Georgia Journal of International and Comparative Law. Porter Elliott has lectured on merger control issues at numerous conferences and has conducted training sessions on merger control issues for national competition authorities. He also lectures annually at the Vrije Universiteit Brussel’s Program on International Legal Co-operation, and he frequently teaches in the Erasmus program.

Linked author

Van Bael & Bellis (Brussels)

Articles

17930 Bulletin

Porter Elliott The EU General Court dismisses an appeal against a Commission decision for implementing acquisition of sole control without first obtaining approval under the EU Merger Regulation (Marine Harvest / Morpol)

109

On 26 October 2017, the General Court dismissed an appeal by Marine Harvest against a € 20 million fine imposed on it by the Commission for implementing its acquisition of sole control over Morpol without rst obtaining approval under the EU Merger Regulation (see VBB on Competition Law, Volume (...)

Porter Elliott The EU Commission sends three separate statements of objections to companies alleging procedural breaches of the EU Merger Regulation (Merck / Sigma-Aldric, GE / LM Wind, Canon / Toshiba Medical Systems)

167

On 6 July 2017, the European Commission sent three separate statements of objections (“SO”) to companies alleging procedural breaches of the EU Merger Regulation. Provision of misleading information The first SO concerns the Merck/Sigma-Aldrich transaction, which was conditionally cleared by (...)

Porter Elliott The Norwegian Competition Authority blocks a merger on the basis that the deal would reduce competition in the market for transportation of frozen fish (Eimskip / Nor Lines)

101

On 3 April 2017, the Norwegian Competition Authority (“NCA”) prohibited the proposed acquisition of Norwegian-based Nor Lines by Icelandic-based Eimskip on the basis that the € 15 million deal would reduce competition in the market for transportation of frozen fish with reefer vessels from (...)

Porter Elliott The EU General Court annuls a prohibition merger decision and finds that the Commission had failed to properly communicate the final version of its econometric analysis (UPS / TNT)

41

On 7 March 2017, the General Court (“GC”) annulled the European Commission’s decision to prohibit UPS’ acquisition of TNT Express under the EU Merger Regulation. By way of background, UPS notified the acquisition of TNT Express to the Commission in June 2012. Following an in-depth Phase II (...)

Porter Elliott The EU Commission conditionally approves a merger subject to divestment commitments and behavioural conditions in the payment services and terminals sector (Equens / Worldline)

227

On 20 April 2016, the European Commission (“Commission”) approved the acquisition by Worldline of Equens (and its subsidiary PaySquare) under the EU Merger Regulation, subject to divestment commitments and behavioural conditions. Worldline is the incumbent operator of payment services and (...)

Porter Elliott The EU Commission conditionally approves online rights licensing and administration joint venture between collective management organisations (PRSfm / STIm / GEmA)

110

On 16 June 2015, the EU Commission conditionally approved the proposed joint venture between music collective management organisations PRS for music Limited (“PRSfm”) of the UK, Föreningen Svenska Tonsättares Internationella musikbyrå u.p.a. (“STIm”) of Sweden, and Gesellschaft für musikalische (...)

Porter Elliott The EU Commission approves an acquisition in the telecommunications sector after a lengthy Phase II investigation and subject to extensive commitments (Orange / Jazztel)

208

On 19 May 2015, the European Commission conditionally approved the acquisition of Jazztel by rival telecommunications provider Orange. The approval, after a lengthy Phase II investigation including a Statement of Objections issued in February, is subject to extensive commitments to facilitate a (...)

Porter Elliott The EU Court of Justice holds that a competitor has standing to challenge national spectrum allocation decision implementing merger commitments (T-Mobile / Telekom-Control)

108

On 22 January 2015, the Court of Justice of the European Union (“ECJ”) issued its judgment in Case C-282/13, T-Mobile Austria v. Telekom- Control-Kommission, concerning whether competitors have a right under Directive 2002/21 on a common regulatory framework for electronic communications networks (...)

Porter Elliott The Court of Justice of the European Union answers a request for a preliminary ruling about use trademarks to prevent the importation of spare parts (Honda)

485

On 17 July 2014, the Court of Justice of the European Union (“ECJ”) answered a request for a preliminary ruling from a Greek Court (Monomeles Protodikeio Athinon) inquiring as to whether the use by Honda Giken Kogyo Kabushiki Kaisha (“Honda”) of its trademarks to prevent the importation of Honda (...)

Porter Elliott The Finnish Consumer and Competition Authority argues in Court against a merger between two suppliers of plastic infrastructure pipe systems (Uponor / KWH-Yhtymä)

76

On 25 February 2013, the Finnish Competition and Consumer Authority (“FCCA”) made a proposal to the Market Court to prohibit a planned concentration between Uponor Oyj and KWH-Yhtymä Oyj, the two largest suppliers of plastic infrastructure pipe systems in Finland. This is only the third such (...)

Johan Van Acker, Porter Elliott The German Competition Authority fines company for non-disclosure of personal majority shareholdings in merger notification (Clemens Tönnies)

34

According to a press release of 15 January 2013, the German Federal Cartel Office (“FCO”) has imposed a fine of € 90,000 on Clemens Tönnies, the majority shareholder of Tönnies Holding GmbH & Co. KG (“Tönnies Holding”), for the non-disclosure in a merger notification of Mr Tönnies’ personal (...)

Porter Elliott The French Competition Authority fines meat processing company € 1 M for breaching a commitment imposed by conditional clearance of its acquisition of a company (Bigard / Socopa)

44

On 9 July 2012, the French Competition Authority fined meat processing company Bigard Group € 1 million for breaching a commitment imposed in the Authority’s 2009 conditional clearance decision of Bigard Group’s acquisition of Socopa Viandes. The decision had cleared the transaction subject (...)

Porter Elliott The Spanish Competition Commission clears a merger in the electronic payment terminals sector following the agreement by the merging entities to extend remedies beyond Spain (Verifone / Hypercom)

45

On 28 December 2011, the Spanish National Competition Commission (CNC) agreed to authorise the acquisition by Verifone Systems, Inc. (Verifone) of sole control of Hypercom Corporation (Hypercom) in the first phase, subject to compliance with commitments offered by Verifone. The (...)

Porter Elliott The German Competition Authority suggests that divestments made after the implementation of a merger may remove jurisdiction (CTS Eventim / See Tickets Germany / Ticket Online Gruppe)

67

According to a case summary of 12 April 2011 published on the German Federal Cartel Office’s website, the Cartel Office found that CTS Eventim’s already implemented acquisition of See Tickets Germany/Ticket Online Gruppe fell outside the scope of German merger control because the parties’ (...)

Porter Elliott The UK Government intends to refer a merger in the audiovisual sector to Competition Commission if satisfactory commitments are not offered (News Corp, BSkyB)

47

On 25 January 2011, the UK Culture Secretary Jeremy Hunt announced that he is “minded” to refer News Corp‘s proposed buy-out of UK satellite broadcaster BSkyB to the Competition Commission due to concerns surrounding the transaction’s impact on media plurality in the UK. News Corp already owns a (...)

Porter Elliott The UK competition authorities publish new merger guidelines

101

On 16 September 2010, the Office of Fair Trading and the Competition Commission published the first set of consolidated joint Merger Assessment Guidelines under the UK Enterprise Act 2002, which governs merger control law in the UK. The guidelines supersede various merger control guidance (...)

Porter Elliott The Austrian Cartel Court imposes fine for gun-jumping

192

According to a press release of the Austrian Competition Authority of 22 June 2010, the Austrian Cartel Court has imposed a fine of € 5,000 on a company belonging to an international group of companies that had put a concentration into effect without prior notification to the Austrian (...)

Porter Elliott The EU General Court examines a claim from a French local authority who seeks damages for Commission’s failure to impose conditions in a merger (Communauté de communes de Lacq)

70

On 5 June 2010, details were published in the Official Journal of the European Union of a damages action before the General Court brought by Communauté de communes de Lacq (a French local authority) against the European Union, requesting compensation for injury allegedly suffered by the (...)

Porter Elliott The Hungarian Competition Authority fines a energy company and a local authority for failure in a joint acquisition notification (ELMIB Energetikai Szolgáltató, Municipality of Tatabánya)

45

The Hungarian Competition Council recently imposed a fine of HUF 4,975,000 (approximately € 18,400) on energy company ELMIB Energetikai Szolgáltató Zrt. and the Municipality of Tatabánya, a city in North-West Hungary, for the failure to timely notify their joint acquisition of thermal power station (...)

Porter Elliott The European Commission launches consultation on merger regulation

73

On 28 October 2008, the European Commission launched a public consultation on the functioning of the EC Merger Regulation. According to the Commission, the main purpose of the consultation is to evaluate how the jurisdictional thresholds and the referral mechanisms provided for in the Merger (...)

Porter Elliott A German Court annuls a Competition Authority’s decision prohibiting a merger in the healthcare sector (University Hospital of Greifswald and Regional Hospital of Wolgast)

101

On 7 May 2008, the Higher Regional Court of Düsseldorf quashed a decision of the German Federal Cartel Office prohibiting the merger between the university hospital of Greifswald and the regional hospital of Wolgast. The Düsseldorf Court applied the recent case law of the German Federal Court of (...)

Porter Elliott A German Minister overrules on public interest grounds the FCO’s prohibition of a merger in the hospital sector (University hospital Greifswald, Regional hospital Wolgast)

133

On 17 April 2008, the German Federal Minister of Economics and Technology approved the merger between the university hospital Greifswald and the regional hospital Wolgast, thereby overruling the German Federal Cartel Office’s (FCO) prohibition of the transaction in December 2006. Under German (...)

Porter Elliott The German FCO finding “competitively significant influence” arising from acquisition of less than 14% shareholding in copper company prohibits transaction (A-TEC Industries, Norddeutsche Affinerie)

149

According to a press release of 10 April 2008, the German Federal Cartel Office (FCO) prohibited A-TEC Industries’ acquisition of a 13.75% shareholding in Norddeutsche Affinerie, holding that the transaction created a dominant position on a market for a particular kind of oxygen-free copper (...)

Porter Elliott The European Commission initiates infringement proceedings against Spain for not lifting conditions imposed on a transaction approved by the Commission (Enel/Acciona/Endesa)

108

On 31 January 2008, the European Commission announced that it has initiated infringement proceedings under Article 226 EC against Spain for failing to lift restrictions imposed by the Spanish National Energy Commission (CNE) on the Enel/Acciona/Endesatransaction. The acquisition by Enel and (...)

Porter Elliott The French Directorate for Competition clears an acquisition in the press and media sector, subject to conditions addressing conglomerate concerns (Hersant Média Group, Lagardère)

79

On 25 January 2008, the French Directorate for Competition, Consumption and Combating Fraud (DGCCRF) published two decisions conditionally clearing separate transactions in the press and media sector. The second decision concerned the acquisition by Hersant Média Group (HMG) of several (...)

Porter Elliott The German Federal Court of Justice finds that merger prohibition decisions can still be appealed even after the parties abandoned the transaction (Springer, ProSiebenSat.1 Media)

92

In a recently published judgment of 25 September 2007, the German Federal Court of Justice (BGH) annulled a decision of the Higher Regional Court of Düsseldorf which rejected an appeal against a prohibition decision of the German Federal Cartel Office (FCO) because the parties had already (...)

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