The EU General Court upholds fine imposed on energy corporation for failing to notify a transaction highlighting the importance of compliance with EU merger control filing requirements (Electrabel)

1. Introduction On 12 December 2012 the EU General Court dismissed Electrabel's appeal against the €20 million fine the European Commission had imposed on it for failing to notify a transaction - the acquisition of a minority shareholding - to the Commission under the EU Merger Regulation ("EUMR") and completing the deal without prior clearance from the Commission. The General Court confirmed that such breaches of the EUMR are serious and justify the high fine imposed, even where the transaction did not raise substantive competition law concerns. The judgment serves as an important reminder of the need for all companies to carefully consider the application of the EUMR to all transactions, and the severe consequences of getting it wrong. 2. Background The parties to a transaction

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Kyriakos Fountoukakos, Molly Herron, The EU General Court upholds fine imposed on energy corporation for failing to notify a transaction highlighting the importance of compliance with EU merger control filing requirements (Electrabel), 12 December 2012, e-Competitions Bulletin December 2012, Art. N° 50284

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