Merger Remedies

Dominance

Merger Remedies: An overview of EU and national case law
Quinn Emanuel Urquhart & Sullivan (Brussels)
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European Commission - DG COMP (Brussels)
Introduction If a competition authority considers that a transaction it is reviewing will have a sufficiently negative effect on competition “a significant impediment to effective competition” to borrow the language of the European Commission, the authorities and the companies together reach a (...)

Merger Remedies: An overview of EU and national case law
Queen Mary University (London)
When a concentration has a significant negative effect on effective competition in the market, parties may propose remedies (or in some jurisdictions remedies can be imposed by National Competition Authorities – NCAs) to eliminate these effects and thus to get clearance. Remedies is an (...)

The German Federal Cartel Office clears the acquisition of a controlling stake in the asphalt mixture industry subject to remedies, including the divestiture of shares (Strabag / Kirchner)
Humboldt University (Berlin)
The operation On 25 July 2008, Strabag SE (Strabag) informed the European Commission of its intention to acquire an 80% shareholding in Kirchner. The European Commission considered the merger compatible with the common market (EC case M.5200), but on 15 September 2008 under Article 9(3) of the (...)

The German Federal Cartel Office cleared the acquisition of a controlling stake in the asphalt mixture industry subject to remedies, including the divestiture of shares (Strabag / Kirchner)
Humboldt University (Berlin)
The operation On 25 July 2008, Strabag SE (Strabag) informed the European Commission of its intention to acquire an 80% shareholding in Kirchner. The European Commission considered the merger compatible with the common market (EC case M.5200), but on 15 September 2008 under Article 9(3) of the (...)

The German Federal Cartel Office clears a merger in the markets for diaphragm carburettors and hand-held power tools with remedies, including the divestment of a major business unit in the United States (STIHL / ZAMA Asia)
NOCON
The operation On 4 April 2008, STIHL notified the German Federal Cartel Office (FCO) of its intention to purchase ZAMA Asia. STIHL is a German company active in the development, production and sale of hand-held motorized outdoor equipment, including chain saws, brush cutters and industrial (...)

The Danish Competition Council approves the conversion of a broadcasting services company into a full-function joint venture, subject to remedies to ensure non-discrimination in the treatment of customers (Danmarks Radio / TV2 / Broadcast Service Danmark JV)
Kromann Reumert (Copenhagen)
The operation Danmarks Radio was the national public service broadcasting television station in Denmark. TV2 was a state-owned television broadcaster. TV2 owned and operated a number of television channels. Danmarks Radio and TV2 jointly owned Broadcast Service Danmark. The parent companies (...)

The Danish Competition Council approves the creation of a JV in the distribution of newspapers market, subject to remedies, including non-discrimination, distribution obligation (JP/Politikens Hus/ Syddanske Medier)
Kromann Reumert (Copenhagen)
The operation JP/Politikens Hus A/S was active in a number of media sectors, including national newspapers, several local newspapers, publishing and radio and television production. The primary activity of Syddanske Medier K/S involved publishing the regional newspaper JydskeVestkysten and (...)

The Danish Competition Council clears in Phase I the acquisition of a network of retail stores subject to remedies - despite the absence of pre-existing vertical or horizontal overlaps - including restrictions on supply-side exclusivity and the acquisition of competitors and removing constraints on employees (CVC/Matas)
Kromann Reumert (Copenhagen)
The operation The Matas chain consisted of a voluntary chain of 294 shops throughout Denmark. The 180 different owners of those shops held one share in wholesale company Matas A/S for each shop they owned. The proposed acquisition by Private Equity investor CVC of Matas involved acquiring (...)

The Danish Competition Council approved a joint venture in the market for the supply of fertilisers, subject to the commitment to abolish the parties’ downstream exclusivity agreements (Ferti Supply)
Kromann Reumert (Copenhagen)
The operation The joint venture was between Dansk Landbrugs Grovvareselskab a.m.b.a. (“DLG”), AgroDanmark a.m.b.a. (“AgroDK”) and Norwegian company Yara Danmark A/S (“Yara”). The new entity, Ferti Supply, was to take over the parties’ fertilizer wholesale activities, which involved the purchase, sale (...)

The Belgian Competition Council conditionally cleared an acquisition in the funeral insurance market subject to non-discrimination and other behavioural remedies (Dela Holding/Sophia Group/Waterland Equity Fund/BVBA)
Freshfields Bruckhaus Deringer (Hong Kong)
By the operation cleared by the Belgian Competition Council in phase I (extended at the request of the parties) on 10 June 2005, N.V. Dela Holding, active in the funeral insurance and related services sector, acquires N.V. Sophia Group, a Belgian company that runs funeral homes in Belgium. The (...)

The Danish Competition Council approved the acquisition of a poultry meat producer, subject to the commitment to deliver parent stock to all Danish brooding houses on non-discriminatory terms (Svenska Lantmännen / Spira)
Kromann Reumert
The operation Svenska Lantmännen (“SvL”) was a Swedish co-operative society with 52,000 Swedish farms as members. SvL operated in a number of different areas, including the agricultural chemical and animal feed sectors. In Denmark, SvL was active in the production of flour, bread, breakfast (...)

The Danish Competition Council approved a merger in the energy sector subject to remedies including the disposal of CHP plants, the sale by auction of virtual power generating capacity, improvements to the transmission network and improvements in the retail market (Elsam / NESA)
Kromann Reumert
The operation Elsam A/S was a large energy group that owned all the central combined heat and power plants ("CHP plants") in Western Denmark (the areas of Jutland and Funen). The group owned 21 decentral CHP plants and around 500 electricity generating windmills, and was also active in the (...)

The Danish Competition Council approved a merger between mortgage lenders, subject to remedies which included a decrease in the duration of the merged entity’s agreements with distributing banks, the regulation of profit and measures to increase transparency in the market (Nykredit / Totalkredit)
Kromann Reumert
The operation Nykredit Holding A/S was primarily a mortgage lender. However, it also had a number of subsidiaries that provided services within a range of sectors: banking; the insurance business; and real estate broking. The annual turnover of Nykredit in 2002 was DKK 30.4 billion (para. (...)

The Danish Competition Council approves an acquisition in the agricultural supplies sector by a consortium comprising eight companies, subject to multiple remedies applying only to the largest member of the consortium (DLG / KFK)
Kromann Reumert
The operation The proposed transaction comprised two stages, the first of which was the acquisition of Korn- og Foderstofkompagniet (KFK), an agricultural chemicals and feed company, by an eight member consortium of companies, all of which were already active in the agricultural supplies (...)

The Danish Competition Council approved the creation of a joint venture operating in the markets for access to news archives and press monitoring subject to reduction of the duration of the initial exclusive licenses and granting licenses to third parties on non-discriminatory terms after the expiry of the exclusive licenses (FAS)
Kromann Reumert
The operation The parties to the agreement for the creation of the joint venture FAS were Danish newspapers: Dagbladet Politiken; Det Berlingske Officin; and Jyllands-Posten. The primary business area of A/S Politiken Holding ("Dagbladet Politiken") was the publication of two daily (...)

The German Federal Cartel Office cleared the purchase of a controlling interest in the electricity market with remedies, including the reduction of network usage fees and an extraordinary right of cancellation for energy redistributors (EnBW/ZEAG)
E.CA Economics (Berlin)
The operation On 25 January 2002, Energie Baden-Württemberg AG (EnBW) notified the German Federal Cartel Office (FCO) of its intention acquire a controlling interest in ZEAG Zementwerk Lauffen - Elektrizitätswerk Heilbronn AG (ZEAG). Via affiliates EnBW is active at all levels of the energy (...)

The Danish Competition Council approved a merger between two member-owned purchasing associations in the building materials sector, subject to remedies including a prohibition on exclusivity agreements upstream and downstream, a limitation on loyalty rebates and a limitation on membership conditions, especially regarding new members that sell online (Dendek / Ditas)
Kromann Reumert
The operation Dendek A.m.b.a. (“Dendek”) was a purchasing association owned by its 47 members who operated 120 timber yards throughout Denmark. Dendek had an annual turnover of DKK 2.5 billion. Similarly, Ditas A/S (“Ditas”) was a purchasing association owned by its 85 members who operated 150 (...)

The German Federal Cartel Office cleared a merger in the gas and electricity market with remedies, including access to gas network pipelines (EnBW / Stadt Schramberg)
NOCON
The operation On 5 February 2001, EnBW, the town of Schramberg, Stadtwerke Schramberg GmbH & Co. KG and EVS Energieversorgung Schramberg GmbH & Co. KG notified the FCO of their intent to form a joint venture. Energie Baden-Württemberg Regional AG (EnBW Reg) is a wholly owned subsidiary (...)

The Danish Competition Council approved an acquisition in the natural gas market subject to remedies including dramatically reducing the duration of existing "take-or-pay" contracts with centralised power stations and granting third parties access to the transmission network and available gas storage capacity (DONG Naturgas / Naturgas Sjaelland)
Kromann Reumert (Copenhagen)
The operation DONG Naturgas A/S was a wholly-owned subsidiary of DONG A/S. The activities of DONG A/S included: the purchase of natural gas; the transport of natural gas including transmission and distribution; the storage of natural gas; the sale of natural gas to end customers; the sale of (...)

The German Federal Cartel Office cleared a merger in the utilities sector, subject to remedies requiring third party access to the parties’ gas networks, the disclosure of access prices and the option for industrial customers to terminate their supply contracts (EnBW/SSG)
NOCON
The operation On 29 September 2000, EnBW Ostwürttemberg DonauRies AG (EnBW Donau) notified the German Federal Cartel Office (FCO) of its intent to acquire 25.1 % of the shares of Stadtwerke Schwäbisch Gmünd GmbH (SSG). At that time 99.3 % of the shares in EnBW Donau were held by EnBW Regional (...)

The European Commission welcomes submission of structural remedies to address two on-going investigations (E.ON)
Van Bael & Bellis (Brussels)
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Practising Law Institute
On 28 February 2008, the Commission adopted a press release welcoming proposals submitted by E.ON under Article 9 of Regulation 1/2003 to address two on-going investigations relating to competition in the German electricity market. As announced in the Commission’s press release, E.ON has (...)

Mergers

The UK Competition Authority decides to open an in-depth investigation in the market of processing of animal by-products in an effort to obtain acceptable remedies (Linergy / UFBP)
UK Competition and Markets Authority (CMA) (London)
Rendering merger faces in-depth investigation unless undertakings offered* Linergy’s acquisition of Ulster Farm By-Products will be referred for an in-depth phase 2 investigation unless acceptable undertakings are offered. The Competition and Markets Authority (CMA) has found that the (...)

The EU Commission clears a merger, subject to remedies, in the market of industrial chocolate (ADM / Cargill)
European Commission - DG COMP (Brussels)
Commission approves Cargill’s acquisition of ADM’s industrial chocolate business, subject to conditions* The European Commission has approved under the EU Merger Regulation the proposed acquisition of the industrial chocolate business of Archer Daniels Midland (’ADM’) by Cargill, subject to (...)

The Italian Competition Authority conditionally clears a baby products merger (Enrico Preziosi-Artsana / Newco-Bimbo Store)
Desogus Law Office (Cagliari)
In Baby Products by a decision made on 9 July 2015 the Italian Competition Authority (ICA) has conditionally cleared a merger between retailers of baby products (Case C11982, Enrico Preziosi-Artsana/Newco-Bimbo Store) . The ICA started a phase II investigation into the notified merger since it (...)

The Danish Competition Authority clears a merger, with structural remedies proposed by the undertaking itself, in the market for poultry feed (Danish Agro)
Danish Competition and Consumer Authority (Copenhagen)
Divestment of production facilities proves necessary for the approval of agricultural inputs merger* Danish Agro commits itself to divest two production facilities to receive the approval of the merger with Dan Agro, which owns Hedegaard Agro. The merger was approved by the Danish Competition (...)

The EU Commission conditionally approves online rights licensing and administration joint venture between collective management organisations (PRSfm / STIm / GEmA)
Van Bael & Bellis (Brussels)
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 (...)

The EU Commission approves a joint venture for cross-border licensing of online music between three music collecting societies (PRSfM / STIM / GEMA)
European Commission - DG COMP (Brussels)
Commission approves joint venture for cross-border licensing of online music between PRSfM, STIM and GEMA, subject to commitments* Following an in-depth investigation, the European Commission has approved under the EU Merger Regulation the proposed creation of a joint venture for (...)

The French Competition Authority approves the sale of an oversea telecom company, a mandatory condition to clear a merger in the market of mobile telephony (SFR / Numéricable)
French Competition Authority (Paris)
Acquisition of SFR by Numericable: France’s Competition authority and ARCEP approve the sale to the firm Hiridjee of the Outremer Telecom mobile operations that Numericable agreed to divest in La Réunion and Mayotte* On 30 October 2014, the Autorité de la concurrence approved the sale of SFR to (...)

The European Commission clears a merger, subject to remedies, in the pharmaceutical sector (Sigma-Aldrich / Merck)
European Commission - DG COMP (Brussels)
Commission approves acquisition of Sigma-Aldrich by Merck, subject to conditions.* The European Commission has approved the proposed acquisition of Sigma-Aldrich by Merck under the EU Merger Regulation. Both companies are active world-wide in the life science sector. The decision is (...)

The French Competition Authority clears a merger, subject to remedies in the regional daily press market (Les Journaux du Midi / La Dépêche du Midi)
French Competition Authority (Paris)
The Autorité de la concurrence clears, subject to conditions, the acquisition of Les Journaux du Midi by La Dépêche du Midi.* The La Dépêche du Midi Group is mainly active in the South/South-West of France, with the publication of the following regional daily press titles: La Dépêche du Midi, La (...)

The UK Competition and Markets Authority reviews a merger remedy in the market of media related services (GTCR Canyon / Gorkana)
UK Competition and Markets Authority (CMA) (London)
CMA consults on GTCR proposed undertaking* The CMA is consulting on a proposed undertaking in lieu of a reference in relation to GTCR’s acquisition of Gorkana Group. In April, the Competition and Markets Authority (CMA) announced it would consider in detail an undertaking proposed by GTCR (...)

The EU Commission approves an acquisition in the telecommunications sector after a lengthy Phase II investigation and subject to extensive commitments (Orange / Jazztel)
Van Bael & Bellis (Brussels)
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 (...)

The EU Commission clears a merger subject to remedies in the retail markets involving fixed internet access services (Orange / Jazztel)
European Commission - DG COMP (Brussels)
Commission clears acquisition of Jazztel by Orange, subject to conditions* The European Commission has approved under the EU Merger Regulation the proposed acquisition of Jazztel plc, a telecommunications company registered in the UK but mainly active in Spain, by rival Orange SA of France. (...)

The UK Competition and Markets Authority seeks permission to appeal in a case regarding trans-channel ferry transport services (Eurotunnel / SeaFrance / MyFerryLink)
UK Competition and Markets Authority (CMA) (London)
CMA seeks permission to appeal in Eurotunnel case* The CMA today announced that it will seek permission to appeal following last week’s Court of Appeal judgment in the Eurotunnel case. The judgment upheld a challenge to the Competition and Markets Authority’s (CMA) jurisdiction over (...)

The French Competition Authority clears a merger subject to remedies between two gas providers in the intermediate and large-bulk LPG market (Totalgaz / UGI France)
French Competition Authority (Paris)
The Autorité de la concurrence clears, subject to conditions, the acquisition of Totalgaz by UGI France, the parent company of Antargaz.* Among the commitments discussed and negotiated with the Autorité, UGI shall, in particular, be obliged to divest its stakes in the capital of several LPG (...)

The Finnish Competition and Consumer Authority lifts certain remedies imposed on a dairy processor and manufacturer in two earlier merger clearance decisions (Valio)
Merilampi Attorneys
On 23 April 2015, the Finnish Competition and Consumer Authority (“FCCA”) issued a decision accepting Valio Oyj’s (“Valio”) application to lift certain conditions imposed on Valio in two earlier merger clearance decisions (Case No 1151/81/99 acquisition of the regional dairies Osuuskunta (...)

The Spanish Competition Authority clears the acquisition of the first national pay-tv provider by a direct competitor (Telefónica / DTS)
Linklaters (Madrid)
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Linklaters (Madrid)
1 Introduction On 22 April 2015, seven months after it was notified of the incumbent telecoms operator Telefónica’s acquisition of sole control of Distribuidora de Televisión Digital, S.A. (“DTS”), the National Markets and Competition Authority (“CNMC”) cleared the deal subject to commitments . (...)

The Finnish Competition Authority clears a merger subject to remedies in the telephone and data communications services markets (Elisa Oyj / Anvia Oyj)
Finnish Competition and Consumer Authority (FCCA)
The Finnish Competition and Consumer Authority (FCCA) gives conditional acceptance of acquisition of Anvia by Elisa* The FCCA has today accepted conditionally the transaction whereby Elisa Oyj will gain control over Anvia Oyj. The conditions relate to broadband services on a landline network (...)

The Polish Competition Authority accepts several merger remedies and clears two acquisitions in the sector of grocery stores (Auchan)
Polish Competition Authority (Warsaw)
Auchan to implement conditions, Proceed with merger* Poland’s Office of Competition and Consumer Protection (UOKiK) has approved two transactions that will allow Auchan Polska to implement the conditions required for it to proceed with its acquisition of the Real company. Both mergers involve (...)

The EU Commission conditionally clears the acquisition of a media company by a competitor (De Vijver Media / Liberty Global)
Stanford University - Stanford Law School
European Commission clears acquisition of Belgian media company by Liberty Global subject to commitments* Last 24 February the European Commission cleared Liberty Global’s acquisition of a controlling stake in the Belgian media company De Vijver Media NV (“De Vijver”), subject to commitments. (...)

The Irish Competition Commission issues details of the merger remedies taken by an undertaking acting in the retail sector (Valeo Foods / Wardell Roberts)
Irish Competition Authority
Commission publishes details of the binding divestiture commitments by Valeo Foods UK Limited* On 17 February the Competition and Consumer Protection Commission (the Commission) cleared the proposed acquisition by Valeo Foods UK Limited (Valeo) of sole control of Wardell Roberts Limited and (...)

The Irish Competition Commission clears a merger, subject to remedies, in the retail market (Valeo Foods / Wardell Roberts)
Irish Competition Authority
Commission approves proposed acquisition by Valeo Foods UK Limited of sole control of Wardell Roberts Limited and Robert Roberts (NI) Limited, subject to binding divestiture commitments* The Competition and Consumer Protection Commission (Commission) has today cleared the proposed acquisition (...)

The Finnish Consumer and Competition Authority lifts the remedy conditions originally attached to a reported merger (TV 4 / C More Group)
Dittmar & Indrenius
Letting the Notifying Party Off the Hook* The Amendment of Remedy Conditions under Finnish Merger Control Law Post-Approval On February 6, 2015 the Finnish Consumer and Competition Authority (the ”FCCA”) published its approval of MTV Oy’s (“MTV”) application to lift the remedy conditions (...)

The UK Competition and Markets Authority spurs an undertaking specialized in rail services to offer merger remedies in order to resolve competition concerns and to avoid an in-depth merger investigation (ICRL)
UK Competition and Markets Authority (CMA) (London)
Stagecoach/Virgin consortium given chance to resolve limited competition concerns arising from the East Coast rail franchise award* ICRL, a subsidiary jointly owned by Stagecoach and Virgin Trains, has the chance to avoid an in-depth merger investigation into its successful bid to run the East (...)

The French Competition Authority opens ex officio proceedings to review the conditions under which a phone carrier complies with commitments (SFR / Numéricable)
French Competition Authority (Paris)
Acquisition of SFR by Numericable.* The Autorité de la concurrence opens ex officio proceedings to review the conditions under which Numericable complies with its commitment to divest Outremer Telecom’s mobile telephony activities in La Réunion and Mayotte. On 30 October 2014, the Autorité de la (...)

The UK Competition Appeal Tribunal upholds that when a company acquires assets that can potentially be turned into a business activity, it can be considered as acquiring part of a business activity (Eurotunnel / SeaFrance / MyFerryLink)
Blackstone Chambers
Eurotunnel: when buying assets is a merger* When is an asset acquisition a merger? As the Eurotunnel litigation shows, the answer is not clear-cut. The background is the 2011 liquidation of the cross-channel ferry company SeaFrance. It could not be sold as a going concern, so instead there (...)

The Competition Appeal Tribunal upholds the merger decision of the UK Competition and Markets Authority in a maritime transport case (Eurotunnel / SeaFrance / MyFerryLink)
UK Competition and Markets Authority (CMA) (London)
The CMA has welcomed today’s judgment by the Competition Appeal Tribunal (CAT) to uphold the CMA’s decision to bar Eurotunnel from running its MyFerryLink service out of Dover, to safeguard competition.* The CAT’s judgment dismissed an appeal by Eurotunnel and Société Coopérative de Production de (...)

The Danish Competition and Consumer Authority holds that companies have pre-implemented a merger under scrutiny, leading to the first case of gun jumping (KPMG / EY)
Gorrissen Federspiel (Copenhagen)
First case on gun jumping in Denmark* By terminating the agreement with KPMG International on the day of signing an agreement to join EY, KPMG Denmark pre-implemented the merger between KPMG Denmark and EY that the Danish Competition and Consumer Authority (DCCA) ruled in December 2014. It is (...)

The Stockholm District Court blocks an already completed merger for the first time (Swedbank Franchise / Svensk Fastighetsförmedling)
Vinge (Stockholm)
Historic court victory for Swedish Competition Authority* Stockholm District Court blocks the already completed takeover by Swedbank Franchise of Svensk Fastighetsförmedling Sweden’s first court judgment blocking a merger is a major victory for the Swedish Competition Authority. The court’s (...)

The US DOJ approves a merger in the vehicle air springs market under conditions in order to resolve a vertical antitrust concern (Continental / Veyance Technologies)
Doyle, Barlow & Mazard
DOJ’s Approval of Continental AG’s Acquisition of Veyance Requires Remedy of a Vertical Concern* On December 11, 2015, the Department of Justice (“DOJ”) approved Continental AG’s $1.8 billion acquisition of Veyance Technologies with conditions. The settlement agreements requires Continental to (...)

The Competition Council of Lithuania clears an acquisition subject to diversture on the alcoholic beverage market (Alita / Mineraliniai Vandenys)
Sorainen (Vilnius)
On December 5, 2014 Competition Council of the Republic of Lithuania (LCC) gave the green light for the concentration in the Lithuanian beverage market. One of the largest manufacturers of alcoholic beverage and the leading wholesaler of alcohol, tobacco and other consumer goods in Lithuania (...)

The Competition Commission of India directs for the first time a divestiture of assets in a merger case (Sun-Ranbaxy)
Economic Laws Practice
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Economic Laws Practice
Introduction The Competition Commission of India (“CCI”) for the first time has directed divestitures of assets, before granting its final approval, in a combination relating to merger of Ranbaxy Laboratories Limited (“Ranbaxy”) into Sun Pharmaceutical Industries Limited (“Sun Pharma”) (referred (...)

The Hellenic Competition Commission clears a merger subject to remedies in the market for chocolate milk and in the market for the procurement of raw milk (Delta / Mevgal)
Hellenic Competition Authority (Athens)
Clearance of the proposed acquisition by DELTA of MEVGAL, subject to conditions and obligations* HELLENIC REPUBLIC COMPETITION COMMISSION Athens, 1 December 2014, PRESS RELEASE Clearance of the proposed acquisition by the DELTA of MEVGAL, subject to conditions and obligations. The Hellenic (...)

The French Competition Authority clears, subject to remedies, a merger in the mobile virtual networks market (Virgin Mobile / Numericable)
French Competition Authority (Paris)
The Autorité de la concurrence clears Virgin Mobile’s acquisition by Numericable* The Autorité de la concurrence has cleared the acquisition of Omer Telecom Limited (“OTL”) by Numericable. OTL is a virtual mobile phone operator operating under the Virgin Mobile brand. This decision takes place (...)

The French Competition Authority clears, subjet to structural remedies, a merger in the food distribution market (Dia France / Carrefour)
French Competition Authority (Paris)
The Autorité de la concurrence clears the merger but Carrefour undertakes to divest 56 shops.* On 18 August 2014, the European Commission referred to the Autorité de la concurrence the review of the acquisition sole control of Dia France SAS (hereinafter "Dia”) by Carrefour France SAS (...)

The Competition Commission of Singapore conditionally clears first merger with divestment and behavioural commitments (Seek Asia Investments / JobStreet)
BHP Billiton (Singapore)
Comment: On 13 November 2014, the Competition Commission of Singapore (the “CCS”) released its grounds of decision conditionally clearing the proposed acquisition by SEEK Asia Investments Pte. Ltd. (“SEEK Asia Investments”), of 100 per cent. of the online recruitment business assets of JobStreet (...)

The French Competition Authority clears, subject to remedies, an acquisition in the high-speed broadband access market (SFR / Numéricable)
French Competition Authority (Paris)
The Autorité de la concurrence gives conditional clearance to the acquisition of SFR by Numericable, an Altice subsidiary. * Among the commitments discussed and negotiated with the Autorité de la concurrence, Numericable commits to give competitors (internet service providers, MVNO) access to (...)

The Finnish Competition and Consumer Authority clears, subject to remedies, an acquisition in the chicken feed market (DAVA Foods / Muna Foods)
Finnish Competition and Consumer Authority (FCCA)
The Finnish Competition and Consumer Authority approved egg business acquisition subject to conditions* On 21 October 2014, the Finnish Competition and Consumer Authority (FCCA) approved an acquisition whereby DAVA Foods Holding A/S, a Danish company, acquires control of the Finnish company (...)

The European Commission clears the acquisition of a Dutch cable TV operator by a competitor, subject to conditions (Liberty Global / Ziggo)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
"Liberty Global/Ziggo: Consolidation and Innovation in Telecoms"* In the midst of the telecoms consolidation wave observed in Europe and the US, the Commission’s review of Liberty Global/Ziggo highlights the risk that fixed network consolidation can pose to innovation. Even in the (...)

The Lithuanian competition authority clears a merger subject to commitments in the insurance sector (PZU / Lietuvos draudimas)
Valiunas Ellex (Vilnius)
On 9 October 2014 the Lithuanian competition authority adopted a decision clearing the acquisition of 100% shares of AB “Lietuvos draudimas” by PZU S.A., subject to commitments. The transaction concerned Lithuanian insurance sector and it entailed a horizontal concentration between two of the (...)

The Lithuanian Competition Council conditionally clears an acquisition on the market of the insurance of land vehicles and the market of property insurance (AB Lietuvos draudimas / PZU)
Lithuanian Competition Authority (Vilnius)
COMPETITION COUNCIL CLEARS ACQUISITION OF AB LIETUVOS DRAUDIMAS BY PZU S.A., SUBJECT TO CONDITIONS* On 9 October, the Competition Council (KT) cleared the acquisition of 100 per cent of AB Lietuvos draudimas shares by PZU S.A. The merger was cleared upon the condition that PZU S.A. would sell (...)

The Competition Commission of India clears a joint venture after securing voluntary commitments (MIAL JV)
Economic Laws Practice
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Economic Laws Practice
1. Introduction 1.1. The Competition Commission of India (CCI) approved the joint venture entered between Mumbai International Airport Private Limited (MIAL), Indian Oil Corporation Limited (IOCL), Bharat Petroleum Corporation Limited (BPCL), Hindustan Petroleum Corporation Limited (HPCL) (...)

The Lithuanian Competition Council launches a market test following merger commitments proposed on the market of the insurance of land vehicles and the market of property insurance (PZU)
Lithuanian Competition Authority (Vilnius)
Competition Council calls for opinions on merger commitments proposed by PZU S.A.* Competition Council (KT) calls stakeholders to express their grounded opinions on PZU S.A. (Powszechny Zakład Ubezpieczeń Spółka Akcyjna) commitments to the merger wherein the latter acquires up to 100 per cent of (...)

The EU Commission approves the acquisition of several chemical businesses, subject to conditions (Huntsman / Rockwood)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
"The "White Powder" Case: Balancing the Evidence"* The Huntsman- Rockwood TiO2 merger provides lessons for future chemical cases on the following topics: 1) The use of market features and price correlation to define relevant market. 2) Competition by Chinese products in the European (...)

The Romanian Competition Council conditionally clears a merger following a market test in the sugar market (Agrana Zucker)
Romanian Competition Council (Bucharest)
The Competition Council has approved takeover of SC Lemarco Cristal SRL and SC Zaharul Liesti by Agrana Zucker GMBH in Austria* The Competition Council has authorized the economic concentration by which AGRANA Zucker GmbH took over the assets of SC Zaharul Lieşti SA and SC Lemarco Cristal SRL. (...)

The UK Competiton and Markets Authority exercises its powers to impose interim enforcement Orders with flexibility (Marston Holdings / Collectica)
St John’s Chambers
United Kingdom: Merger Control Interim Enforcement Orders* Two unusual features of the United Kingdom’s merger control regime are that notification is voluntary and there is no ‘suspension’ obligation. This means that mergers can be – and routinely are – completed without notification to and/or (...)

The German Competition Authority receives a withdrawal of a merger notification between daily newspapers (Lensing and Funke)
German Competition Authority (Bonn)
Press Release published on the official website of the German Competition Authority. Withdrawal of notification of merger between the daily newspapers WAZ/Westfälische Rundschau and Ruhr-Nachrichten in the Dortmund area* The Bundeskartellamt confirms that the media company Medienhaus Lensing (...)

The Romanian Competition Council launches a market test to evaluate the commitments proposed by an undertaking on white sugar market (Agrana Zucker)
Romanian Competition Council (Bucharest)
The Competition Council launches for public debates the commitments formulated by AGRANA ZUCKER* The Competition Council launches for public debate the commitments formulated by Agrana Zucker for removing the competition concerns identified within the operation of taking over the assets of (...)

The EU Commission fines a leading company in salmon farming €20 million for breaching the standstill obligation and failing to meet notification requirements (Marine Harvest / Morpol)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
Article originally published in DG Competition’s Competition merger brief, as Competition merger brief 1/2014 (click here), under the title "Harvesting salmon, jumping guns: the Marine Harvest early implementation case". Please note that all articles published in the CPN are subject to a (...)

The Cypriot Commission for the Protection of Competition reports that two undertakings are abandoning their proposed joint venture despite the authorization granted conditionally on the market for printing services for weekly and monthly magazines (Proteas Press / I.G. Cassoulides & Son / Litho Web)
Commission for the Protection of Competition of the Republic of Cyprus
Notification of a concentration regarding the creation of a joint company by Proteas Press Ltd, I.G. Cassoulides & Son Ltd and Litho Web Ltd* The Commission for the Protection of Competition announces that companies Proteas Press Ltd, I.G. Cassoulides & Son Ltd and Litho Web Ltd (...)

The Cypriot Commission for the Protection of Competition receives notification of a proposed concentration concerning a joint-venture on the market for seismic services (CGG Holding / OOO SCF GEO)
Commission for the Protection of Competition of the Republic of Cyprus
Notification of concentration regarding the creation of a joint venture by the companies CGG Holding BV and OOO SCF GEO* The Service of the Commission for the Protection of Competition received on behalf of CGG Holding BV and OOO SCF GEO, a notification of a proposed concentration according (...)

The EU Commission clears the acquisition by a Swedish steelmaker of its Finnish rival, subject to the divestment of five businesses in Finland, Sweden and Norway (SSAB / Rautaruukki)
French Treasury
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European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
"Viking Steel: the SSAB / Rautaruukki merger"* The SSAB / Rautaruukki case gives insight into the Commission’s approach to market definition in merger cases. The case confirms that the Commission’s approach is case-specific, and driven by the issues at stake in a given case rather than (...)

The Swedish Competition Authority forwards an application for a prohibition order against the acquisition of the franchisors of two largest national real estate chains (Swedbank Franchise / Svensk Fastighetsförmedling)
Swedish Competition Authority (Stockholm)
The Swedish Competition Authority is going to court to stop the real estate concentration* The Competition Authority is going to court to prohibit Swedbank Franchise from acquiring Svensk Fastighetsförmedling. The deal would significantly impede competition on a large number of local markets. (...)

The Cypriot Commission for the Protection of Competition receives notification of merger in the sector for duty free shops on the airports (Aer Rianta International / CTC-ARI)
Commission for the Protection of Competition of the Republic of Cyprus
Notification of concentration regarding the acquisition of share capital of CTC-ARI (Holdings) Limited by Aer Rianta International (Middle East) W.L.L.* The Service of the Commission for the Protection of Competition received on behalf of Aer Rianta International (Middle East) W.L.L. and (...)

The Lithuanian Competition Council opens an investigation and finds that refusal to negotiate a swap agreement for natural gas amounted to a breach of the merger conditions (Lietuvos energijos gamyba)
Lithuanian Competition Authority (Vilnius)
Lithuanian Competition Council fines OAO Gazprom for failing to comply with merger conditions* On 10 June, the Competition Council (KT) imposed a fine of 123,096,700 litas (approx. EUR 35,651,269) on OAO Gazprom for the failure to comply with merger conditions. In 2004, the KT allowed Gazprom (...)

The Namibian Competition Commission conditionally approves the acquisition of a gold mine (Guinea Fowl Investments Twenty Six / Navachab)
Primerio
Namibian merger control: 1st deal of 2014 gets conditions* Namibian Competition Commission imposes conditions on mining deal The Namibian Competition Commission has given its first conditional approval of the year in a gold-mine transaction, imposing employment conditions that require the (...)

The French Competition Authority conditionally clears an acquisition of sole control on the luxury perfumes and cosmetics market (Nocibé / Advent)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the acquisition of sole control of Nocibé by Advent (Douglas) subject to the divestment of 38 sales outlets by the new entity. These commitments will provide consumers with (...)

The Cyprus Commission for the Protection of Competition receives notification of a merger on the market for maritime transportation management (Marship Investments / Ahrenkiel Shipmanagement)
Commission for the Protection of Competition of the Republic of Cyprus
Notification of concentration regarding the acquisition of share capital of Ahrenkiel Shipmanagement (Cyprus) Ltd by Marship Investments Ltd* The Service of the Commission for the Protection of Competition received on behalf of Marship Investments Ltd notification of a proposed concentration (...)

The Danish Supreme Court upholds two decisions by the Danish Competition Council in relation to commitments given in a merger case (Nykredit)
Danish Competition and Consumer Authority (Copenhagen)
On 3 June 2014, the Danish Supreme Court upheld two decisions by the Danish Competition Council in which it decided (i) that a commitment without any specific mention of time limit was unlimited in time; and (i) that the Danish Competition Council enjoys a margin of appreciation in matters of (...)

The Danish Competition Council conditionally approves a takeover on the market for audit and tax services (EY / KPMG)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: Merger in the audit industry approved with commitments* The Danish Competition Council (DCC) has approved EY’s takeover of KPMG in Denmark, subject to commitments. The purpose of the commitments is to support the reestablishment of KPMG International’s presence in Denmark so that KPMG (...)

The Danish Competition Authority abolishes commitments, which no longer are necessary for competition in the wholesale market for electricity in Western Denmark (DONG Energy / NESA)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council Abolishes a Commitment from DONG Energy* On 28 May 2014 the Danish Competition Council abolished a commitment from a merger between Elsam (now DONG Energy) and Nesa in 2004. The commitment obliged DONG Energy to auction 600 MW electricity generation capacity (...)

The Irish Competition Authority clears a proposed acquisition of joint control of a multi-category retailer who operates two stores in Dublin city centre (Fitzwilliam Finance / Arnotts)
Irish Competition Authority
Competition Authority Clears Acquisition of Arnotts* The Competition Authority has today cleared the proposed acquisition of joint control of Arnotts Holdings Limited by Fitzwilliam Finance Partners Limited/Wittington Investments, Limited and investment funds managed by affiliates of Apollo (...)

The Lithuanian Competition Authority allows acquisition by a state-owned company of a national operator in control of the natural gas transmission system (Amber Grid / JSC EPSO-G)
Lithuanian Competition Authority (Vilnius)
Competition Council clears acquisition of SC Amber Grid shares by JSC EPSO-G* On 19 May, the Competition Council (the KT) cleared acquisition of 38.9 per cent of SC Amber Grid shares by JSC EPSO-G (all the company’s shares together with already owned ones will amount to 56.6 per cent). Hence, (...)

The Irish Parliament Committee on Jobs, Enterprise and Innovation debates on amendments proposed with a view to adopting the Competition and Consumer Protection Bill 2014
McCann FitzGerald (Dublin)
If it Ain’t Broke, Fix it: Ireland’s Competition Law, Version 2014* It took five years to draft. But now everything’s go!-go!-go! First published late spring 2014, Ireland’s newest competition law reform could be adopted by July. And though planning was long and time for debate is now short, last (...)

The German Competition Authority prohibits proposed merger between district clinics and local clinical centre (Esslingen clinics)
German Competition Authority (Bonn)
Bundeskartellamt prohibits merger between hospitals in Esslingen* The Bundeskartellamt has prohibited plans of the administrative district of Esslingen and the town of Esslingen to merge the Esslingen district clinics (Kreiskliniken Esslingen) with the Esslingen clinical centre (Klinikum (...)

The Finnish Competition and Consumer Authority approves proposed acquisition in the consulting service business (Ramboll / Pöyry)
Finnish Competition and Consumer Authority (FCCA)
FCCA approves Ramboll and Pöyry corporate deal* The Finnish Competition and Consumer Authority (FCAA) on 13 May 2014 gave its approval to a corporate deal in which the planning and consulting company Ramboll Finland acquires some of the activities of Pöyry Oyj. The corporate deal applies to the (...)

The Lithuanian Competition Council imposes fines for implementing non-notified mergers and requires the undoing of the takeover on the market for petrol stations (Lukoil Baltija / Baltic Petroleum)
Lithuanian Competition Authority (Vilnius)
Competition Council fines Lukoil 11 817 700 LTL for implementing non-notified mergers* On 12 May, the Competition Council (the KT) fined UAB Lukoil Baltija 11 817 700 LTL ( ̴ 3 422 642 EUR) for implementing non-notified mergers and obligated the company to eliminate the breach. Having (...)

The European Commission approves a joint venture in the PVC production sector on the basis of a divestiture (INEOS / Solvay)
Van Bael & Bellis (Brussels)
On 8 May 2014, the European Commission conditionally cleared the joint venture combining the European chlorvinyls businesses of INEOS of Switzerland and Solvay of Belgium. During an in-depth review of the deal, the Commission expressed concerns regarding two markets: the North West European (...)

The Netherlands Competition Authority finds that the proposed acquisition may lead to restrictions for other companies on the use of the fiber-optic cable network (KPN / Reggefiber)
Netherlands Authority for Consumers & Markets (The Hague)
Further investigation needed into planned acquisition of Reggefiber by KPN* The Netherlands Authority for Consumers and Markets (ACM) will launch a more detailed investigation into the planned acquisition of Dutch fiber-optic company Reggefiber by Dutch telecom provider KPN. In 2008, ACM (...)

The Chinese MOFCOM grants a conditional clearance on a proposed $3.1 billion acquisition on the market for liquid display crystals and photoresists (Merck / AZ Electronics)
AnJie Law (Beijing)
MOFCOM Raised Specific Concerns over Adjacent Markets in Its Merger Review* Introduction On April 30, 2014, China’s Ministry of Commerce (“MOFCOM”) granted a conditional clearance on the proposed $3.1 billion acquisition of London-listed AZ Electronic Materials S.A. (“AZ”) by Merck KGaA (“Merck”) (...)

The Danish Competition Authority approves proposed acquisition of mortgage lender (Jyske Bank / BRFkredit Bank)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: The Danish Competition Council approves Jyske Bank A/S’ acquisition of BRF kredit A/S* On 30 April 2014 the Danish Competition Council (DCC) approved Jyske Bank A/S´ (Jyske Bank) proposed acquisition of mortgage lender BRF kredit A/S (BRF). The DCC finds that the transaction will not (...)

The German Competition Authority clears subject to conditions and obligations an acquisition on the market for TV programme magazines (Springer / Funke)
German Competition Authority (Bonn)
Bundeskartellamt clears Springer/Funke merger in the TV programme magazine segment subject to conditions and obligations* Bonn, 29 April 2014: The Bundeskartellamt has cleared subject to conditions and obligations the acquisition by FUNKE MEDIENGRUPPE of Axel Springer’s TV programme magazines (...)

The China’s Ministry of Commerce (MOFCOM) clears a merger in the mining industry (Glencore Xstrata / Las Bambas)
Mattel (Hong Kong)
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White & Case (Hong Kong)
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White & Case (London)
At long last, Glencore has overcome the final regulatory hurdle and secured the approval of China’s Ministry of Commerce (MOFCOM) to acquire the 66 percent of Xstrata that it does not already own. But not before agreeing to part with one of the prized assets in Xstrata’s portfolio, the Las Bambas (...)

The Chinese MOFCOM conditionally clears a merger in the smartphone market (Microsoft / Nokia)
Jones Day (Beijing)
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Gibson Dunn (Hong Kong)
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Jones Day (Beijing)
On April 8, MOFCOM approved Microsoft’s acquisition of Nokia’s mobile handset business. MOFCOM’s review focused on three product markets: smartphones, mobile operating systems, and the licensing of standard-essential and non-essential patents for smartphones. Geographically, MOFCOM focused on (...)

The Spanish Competition Authority approves an acquisition of exclusive control subject to remedies in the market of direct sales of petrol (REPSOL/PETROCAT)
European Commission - DG COMP (Brussels)
On 7 April 2014 the National Markets and Competition Commission (“CNMC”) approved the acquisition of exclusive control of Repsol Comercial de Productos Petrolíferos S.A. (REPSOL) over Societat Catalana de Petrolis S.A. (PETROCAT) subject to remedies. PETROCAT is active in both the market of (...)

The French Competition Authority again conditionally clears a merger in the TV-broadcasting sector (Canal Plus / D8 and D17 TV Channels)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence again clears, subject to remedies, the acquisition of D8 and D17 by Vivendi and Groupe Canal Plus.* The commitments made by GCP and Vivendi are identical to those made at the (...)

The Polish Competition Authority issues conditional clearance for concentration in pharmaceutical sector (Neuca/ACP Pharma)
WKB Wierciński Kwieciński Baehr (Warsaw)
In the decision of 31 March 2014, the President of the Office for Competition and Consumer Protection (hereinafter referred to as the “OCCP President”) approved concentration consisting of Neuca taking control over ACP Pharma. However, Neuca must sell one of its wholesalers located in Bydgoszcz (...)

The German Competition Authority confirms that the new submitted proposal for commitments is sufficient to dispel the competition concerns on the reader and advertising markets for TV programme magazines (Funke Media Group / Axel Springer)
German Competition Authority (Bonn)
Funke media group offers new commitments* The Bundeskartellamt confirms that in the examination proceedings concerning the acquisition of HÖRZU, FUNK UHR, TV DIGITAL and TV NEU, the media group Funke-Mediengruppe (FMG) and Axel Springer SE have submitted a new commitment proposal. According to (...)

The Cypriot Commission for the Protection of Competition clears conditionally a joint-venture on the market for printing services for weekly and monthly magazines (Proteas Press / I.G. Cassoulides & Son / Litho Web)
Commission for the Protection of Competition of the Republic of Cyprus
The Commission for the Protection of Competition decided to clear the concentration of companies Proteas Press Ltd, I.G. Cassoulides & Son Ltd and Litho Web Ltd for a joint venture, by imposing behavioural and structural remedies* On 28/3/2014, the Commission for the Protection of (...)

The Netherlands Authority for Consumers and Markets submits to the European Commission that a merger between two largest domestic cable companies shall be reviewed in the Netherlands (UPC / Ziggo)
Netherlands Authority for Consumers & Markets (The Hague)
ACM: merger between cable companies UPC and Ziggo should be assessed in the Netherlands* The Netherlands Authority for Consumers and Markets (ACM) is convinced that the merger between cable companies UPC and Ziggo should be assessed in the Netherlands. ACM has therefore requested the European (...)

The Cypriot Competition for the Protection of Competition receives notification of a merger on the market for owning and managing hotels (Amathus Public / Amathina Holdings / Muskita)
Commission for the Protection of Competition of the Republic of Cyprus
Notification concerning the creation of the company Amathina Holdings Ltd by the companies Amathus Public Ltd, Elerfield Holdings Ltd and the Muskita Group to finance the acquisition of the Amathus Beach Hotel in Limassol through the company Amathina Luxury Hotels Ltd* The Service of the (...)

The Cypriot Commission for the Protection of Competition receives a notification of a proposed concentration on the market for sale and production of of diapers, adult incontinence products and sanitary napkins (Fater / Procter & Gamble)
Commission for the Protection of Competition of the Republic of Cyprus
Notification of concentration concerning the acquisition of Laundry aids «ACE» which is part of Procter & Gamble Company by Fater S.p.A Company*. The Service of the Commission for the Protection of Competition received on behalf of Procter & Gamble Company and Fater S.p.A a (...)

The German Competition Authority clears the acquisition of a business division active in the wholesale of sanitary, heating and air conditioning installations (Cordes & Graefe)
German Competition Authority (Bonn)
Bundeskartellamt clears acquisition of "bäderwelt" by Cordes & Graefe* The Bundeskartellamt has cleared the acquisition of "bäderwelt" of Praetner GmbH & Co. Handels KG by Cordes & Graefe KG. The business division "bäderwelt" in Freising is active in the wholesale of sanitary, heating (...)

The UK Competition Appeal Tribunal dismisses an appeal against divestiture order under UK Enterprise Act 2002 (Ryanair)
Herbert Smith Freehills (London)
Ryanair Holdings Plc (“Ryanair”) and Aer Lingus Group plc (“Aer Lingus”) are Irish low-cost airline competitors that share more than 40 routes from and to Ireland. On 7 March 2014 in case 1219/4/8/13 Ryanair Holdings PLC v Competition Commission [2014] CAT 3, the Competition Appeal Tribunal ("CAT" (...)

The UK Competition Appeal Tribunal dismisses an appeal against divestiture of minority stake (Ryanair, Aer Lingus)
King’s College (London)
Background of the case Ryanair has been attempting to take over its rival Irish airline Aer Lingus since 2006 when it made its first bid. The COM prohibited the merger but also found it had no power to require Ryanair to divest itself of the minority stake of 25% in Aer Lingus. In the appeal (...)

The UK Competition Appeal Tribunal rules on non-controlling minority shareholding and reduces share to a maximum of 5% (Ryanair)
Queen Mary University (London)
The decision of the Competition Appeal Tribunal (CAT) Ryanair Holdings plc v Competition Commission on 7th March 2014 concerns the anti-competitive effects originated by financial links between competitors. In particular, the decision regards the effects on competition of Ryanair’s (...)

The UK Competition Appeal Tribunal upholds the Competition Commission’s decision ordering partial divestment of an airline’s minority shareholding in its direct competitor (Ryanair)
The University of Manchester
On 7 March 2014, the Competition Appeal Tribunal (“the CAT”) handed down its judgement upholding the findings of the Competition Commission (“the CC”) in its final report (“the Report”) concluding that Ryanair’s 29.82% minority shareholding in Aer Lingus resulted in a substantial lessening of (...)

The Cypriot Commission for the Protection of Competition receives a notification of a proposed concentration on the market for cosmetics and beauty products (L’Oreal / Carita & FIPAL)
Commission for the Protection of Competition of the Republic of Cyprus
Notification concerning the acquisition of the share capital of FIPAL S.A.S. and Carita International S.A. by L’Oreal S.A.* The Service of the Commission for the Protection of Competition received, according to Section 13 of the Control of Concentrations between Enterprises Law (Number (...)

The Lithuanian Competition Council clears acquisition of business related to production and provision of cell culture products, supressor genes and magnetic micro particles (GMC / Thermo Fisher Scientific)
Lithuanian Competition Authority (Vilnius)
Competition Council clears acquisition by general electric company of GMC consolidation* On 4 March 2014, the Competition Council (the Council) cleared acquisition by General Electric Company of 100 per cent GMC Consolidation LLC shares. General Electric Company acquires a part of Thermo (...)

The Cypriot Commission for the Protection of Competition receives notification of a merger in the telecommunication sector (Rocket Internet Germany / MTN Dubai)
Commission for the Protection of Competition of the Republic of Cyprus
Notification of concentration regarding the acquisition of share capital of Middle East Internet Holding S.a.r.l. by MTN (Dubai) Ltd* The Service of the Commission for the Protection of Competition received on behalf of Rocket Internet GmbH and MTN (Dubai) Ltd notification of a proposed (...)

The German Competition Authority issues a preliminary assessment of the planned acquisition of a number of TV programme magazines (Springer / Funke)
German Competition Authority (Bonn)
Springer/Funke - TV programme magazines Talks held with the Bundeskartellamt about the divestment of several print titles* The Bundeskartellamt confirms that on 24 February 2014 it has issued a preliminary assessment of the planned acquisition of the TV programme magazines Hörzu, Funk Uhr, TV (...)

The Finnish Competition Authority approves conditionally a merger on the market for fitness centres (Elixia / SATS)
Finnish Competition and Consumer Authority (FCCA)
The Finnish Competition and Consumer Authority approved the merger between Elixia and SATS subject to conditions* On 24 February 2014, the Finnish Competition and Consumer Authority (FCCA) conditionnally approved a deal, in which Altor Fund III and TryghedsGruppen smba acquired joint control (...)

The German Competition Authority clears acquisition of medical care centres and clinics pursuant to the exclusion from the transaction of hospitals operated on four regional medical care markets (Helios Kliniken / Rhön-Klinikum)
German Competition Authority (Bonn)
Bundeskartellamt clears acquisition by Helios Kliniken (Fresenius) of 40 clinics and 13 medical care centres operated by Rhön-Klinikum AG* The Bundeskartellamt has cleared plans by the Helios clinics, which belong to the Fresenius group, to acquire the control of a total of 40 clinics and 13 (...)

The Italian Competition Authority opens an investigation for a possible breach of obligations imposed to prevent anti-competitive effects following a merger clearance in the insurance sector (Unipol Gruppo Finanziario / Premafin Finanziaria / Holding di Partecipazioni)
University of London - School of Economics Birkbeck College
,
Clifford Chance (Paris)
On the 19th of February 2014, the Italian Competition Authority (the “Authority” or “Italian Authority”) opened an investigation against Unipol Gruppo Finanziario (“UGF”) and Premafin Finanziaria S.p.A. – Holding di Partecipazioni S.p.A. (“Premafin”) for a possible breach of obligations set forth in (...)

The German Competition Authority clears the acquisition by paid TV service supplier of a minority share in TV-sports channel (Sky / Sport1 and Con­stan­tin Sport Mar­ke­ting)
German Competition Authority (Bonn)
Merger cleared - Sky may acquire a participation in Sport1* Today the Bundeskartellamt cleared the acquisition of a minority share in the sports channel Sport1 by Sky Deutschland. The transaction also involves the acquisition of a minority share in Constantin Sport Marketing GmbH (CSM) and the (...)

The Cypriot Commission for the Protection of Competition receives notification of an international acquisition in the telecom sector (Africa Internet / Millicom)
Commission for the Protection of Competition of the Republic of Cyprus
Notification of a concentration concerning the joint acquisition of the share capital of Africa Internet Holding GmbH by Mobile Telephone Networks Holdings (Pty) Ltd, Millicom International Cellular S.A. and Rocket Internet Holding GmbH* The Commission for the Protection of Competition (...)

The French Competition Authority conditionally clears an acquisition of sole control on the pay-TV market (Mediaserv / Canal Plus Overseas)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Subject to a number of commitments, the Autorité de la concurrence has cleared the acquisition of Mediaserv by Canal Plus Overseas, a subsidiary of the Canal Plus Group* The Autorité de la concurrence has (...)

The Polish Competition Authority conditionally clears a merger on the laundry detergents market (Henkel / PZ Cussons)
WKB Wierciński Kwieciński Baehr (Warsaw)
In the decision of 6 February 2014, the President of the Office for Competition and Consumer Protection (hereinafter referred to as the “OCCP President”) gave conditional consent for Henkel to acquire a part of assets of undertakings belonging to the PZ Cussons’s capital group. Henkel, together (...)

The Cypriot Commission for the Protection of Competition receives notification of an acquisition on the market for supply of beverages processing systems (Miteco / Tetra Laval)
Commission for the Protection of Competition of the Republic of Cyprus
Notification concerning the acquisition of the share capital of the Miteco AG and certain assets of the Miteco Italia S.r.l from the Tetra Laval Holdings & Finance SA*. The Service of the Commission for the Protection of Competition received, according to Section 13 of the Control of (...)

The Lithuanian Competition Council closes merger investigation pursuant to the divesture of acquired shares by the cosmetics supplier (Fragrances International)
Lithuanian Competition Authority (Vilnius)
Competition council terminates investigation on the actions of Fragrances International* On January 30, the Competition Council (the Council) terminated the investigation on the actions of UAB Fragrances International (Fragrances International) whereby the latter had acquired 49 per cent of (...)

The Cypriot Commission for the Protection of Competition receives notification of a proposed concentration on the market for manufacturing of various vehicles (Textron)
Commission for the Protection of Competition of the Republic of Cyprus
Notification concerning the acquisition of Beech Holdings LLC by Textron Inc.* The Service of the Commission for the Protection of Competition received, according to Section 13 of the Control of Concentrations between Enterprises Law (Number 22(I)/99), a notification of a proposed (...)

The Austrian Supreme Court considers that the examination of a merger case excludes the parallel examination of antitrust issues (MPV/PGV)
Bpv Hügel (Vienna)
Introduction The MPV/PGV decision discussed here concerns the (merger) notification of a logistic joint venture between two Austrian press wholesalers. Unlike the European Merger Regulation 139/2004, the Austrian Cartel Act does not foresee an appraisal of a transaction under anti-trust (...)

The New Zealand Commerce Commission clears proposed acquisition on the market for production and supply of magazines (Bauer Media)
New Zealand Commerce Commission
Press releases published on New Zealand Commerce Commission Bauer given clearance to acquire magazine titles* The Commerce Commission has cleared Bauer Media Group (NZ) LP (Bauer) to acquire all of the assets used by APN Specialist Publications NZ Limited (APNSP) in the publication of the New (...)

The French Competition Authority clears an acquisition of sole control in the telecommunications sector (SFR / Numéricable)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the acquisition of Numéricâble by Altice, its minority shareholder* The Autorité de la concurrence has cleared the acquisition of the Numéricâble group, a cable network (...)

The Polish Competition Authority conditionally clears an acquisition in the grocery market (Auchan/Real)
Microeconomix (Paris)
,
Microeconomix (Paris)
In January 2014, the Polish Competition Authority (UOKiK) conditionally approved the proposed acquisition of 57 Real hypermarkets in Poland by Auchan Polska, an operator of 27 hypermarkets and 31 supermarkets in Poland. The acquisition is conditional on the sale of eight of the Real (...)

The French Competition Authority requests consultation in relation to commitments proposed for a notified acquisition in the TV-broadcasting sector (Canal Plus / D8 and D17 TV Channels)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. Canal Plus has just renotified the acquisition of D8 and D17 TV channels. The Autorité de la concurrence has decided to seek sector-specific regulators’ and market players’ views on the new draft commitments* (...)

The Finnish Competition Authority approves merger between two significant players in the national meat sector (Atria / Saarioinen)
Finnish Competition and Consumer Authority (FCCA)
Corporate deal by Atria and Saarioinen approved by Finnish Competition and Consumer Authority* According to the assessment by the FCCA the acquisition does not have the kind of significant negative impact on competition as defined by the Competition Act On 21 January 2014 the Finnish (...)

The Italian Competition Authority fines several undertakings for a breach of obligations to protect competition following a merger clearance in the maritime sector (Compagnia Italiana di Navigazione / Moby)
University of London - School of Economics Birkbeck College
On the 20th of December 2013, the Italian Competition Authority (the “Authority”) opened an investigation against Compagnia Italiana di Navigazione S.p.A. (“CIN”) and Moby S.p.A. (“Moby”) for breach of obligations set forth in the decision issued by the Authority on the 21st June 2012. According to (...)

The EU General Court confirms that the merged parties are not dominant in the internet visual communications market and rejects interoperability issues raised by appellants (Microsoft / Skype)
Stanford University - Stanford Law School
EU Court upholds the Commission’s decision on the Microsoft/Skype deal* On 11 December 2013 the EU’s General Court (the “Court”) handed down its ruling concerning Microsoft’s acquisition of Skype. The Court held that the Commission rightly considered that the transaction does not restrict (...)

The UK Competition Appeal Tribunal quashes the Competition Commission decision regarding maritime transport over the Channel highlighting contradictory analysis of mergers between National Competition Authorities (Eurotunnel / SeaFrance / MyFerryLink)
HEC
The control of the Channel remains an emphatically strategic subject of prime importance for England: the Eurotunnel ferries might well not be allowed to disembark at Dover in the future! At least that’s what the Competition Commission, the British competition authority (hereinafter referred to (...)

The German Competition Authority clears the takeover of two regional dailies, several advertising newspapers and a number of women’s magazines (Springer / Funke)
German Competition Authority (Bonn)
Springer/Funke: Takeover of regional newspapers and women’s magazines cleared* Bonn, 03 December 2013: Today the Bundeskartellamt cleared the takeover of two regional dailies (Hamburger Abendblatt and Berliner Morgenpost), several advertising newspapers and the women’s magazines segment of Axel (...)

The German Competition Authority initiates second phase proceedings on a takeover of medical care centres (Fresenius / Rhön)
German Competition Authority (Bonn)
Bundeskartellamt initiates second phase proceedings on the takeover of Rhön locations by Fresenius* Bonn, 27 November 2013: In merger control proceedings relating to the planned takeover of Rhön subsidiaries by Fresenius the Bundeskartellamt has initiated second phase proceedings. The health (...)

The Polish Competition Authority clears a merger subject to remedies in the print media sector (Polskapresse / Media Regionalne)
WKB Wierciński Kwieciński Baehr (Warsaw)
The Polish Competition Authority gives green light to Polskapresse for conditional concentration in press sector (Polskapresse / Media Regionalne). According to the decision of 24 October 2013, Polskapresse’s acquisition of newspaper and media group Media Regionalne was approved by the Polish (...)

The Danish Competition Council approves commitments concerning an envisaged reorganization on the grocery market (Dagrofa / SuperBest and Spar)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council Accepts Commitments from Dagrofa ApS* On October 23 2013 the Danish Competition Council (“DCC”) adopted a commitment decision that approves an envisaged reorganization of Dagrofa ApS (“Dagrofa”) and the supermarket chains SuperBest and Spar. Dagrofa is the parent (...)

The French Competition Authority clears an acquisition of sole control on the market for public transportation subject to commitments (Transdev & Caisse des Dépôts et Consignations)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the acquisition of sole control of the Transdev group by the Caisse des Dépôts et Consignations subject to the maintenance of the commitments made in 2010*. On 26 April (...)

The Danish Competition Council conditionally approves acquisition on the market for veterinary drugs (Vilomix / Hatting-KS)
Danish Competition and Consumer Authority (Copenhagen)
Danish Competition Council approves Vilomix Holding A/S’ acquisition of A/S Hatting-KS conditional on commitments* On October 23th 2013 the Danish Competition Council (“DCC”) approved Vilomix Holding A/S’ (Vilomix) acquisition of A/S Hatting-KS (Hatting). The DCC decision is conditional on a (...)

The Danish Competition Council approves merger in the retail sector for furniture (Jysk / IDdesign)
Danish Competition and Consumer Authority (Copenhagen)
Danish Competition Council approves JYSK’s acquisition of IDEmøbler and ILVA* On September 25th 2013 the Danish Competition Council (“DCC”) ap-proved JYSK’s acquisition of IDdesign A/S, the owner of the two retail chains IDEmøbler and ILVA. JYSK Holding A/S, which is owned by Lars Larsen, owns the (...)

The Netherlands ACM clears the creation of a joint-venture for proton therapy between medical centers (HollandPTC)
Netherlands Authority for Consumers & Markets (The Hague)
ACM clears creation of proton-therapy joint venture The Netherlands Authority for Consumer and Markets (ACM) has cleared the creation of ‘HollandPTC,’ a joint venture for proton therapy between TDH Services (part of Delft University of Technology), Erasmus Holding and Leiden University Medical (...)

The Netherlands ACM clears planned collaboration between two Dutch publishing companies (Lannoo Meulenhoff / WPG Uitgevers)
Netherlands Authority for Consumers & Markets (The Hague)
Two Dutch publishing firms are allowed to rent out ebooks together* The Netherlands Authority for Consumer and Markets (ACM) has cleared the planned collaboration between two Dutch publishing companies, Lannoo Meulenhoff and WPG Uitgevers, to offer ebooks rentals to consumers together. The (...)

The UK Competition Commission requires airline to sell down its minority shareholding in its rival (Ryanair/Aer Lingus)
Dechert (Brussels)
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Fangda Partners (Hong Kong)
1. Introduction This case note provides a summary of the UK competition authorities’ investigation into Ryanair’s 29.82% minority shareholding in its rival Aer Lingus. The long running battle between the two airlines has resulted in more than 20 competition authority and court decisions since (...)

The Chinese MOFCOM announces its conditional clearance of a merger on the market for LCD TV controller chip (MediaTek / MStar)
King & Wood Mallesons (New York)
Another “Hold-Separate” Decision of MOFCOM—MediaTek’s Acquisition of MStar is Cleared with Conditions* On August 27, 2013, MOFCOM announced its conditional clearance on MediaTek Inc’s (“MediaTek”) 4 billion USD acquisition of MStar Semiconductor Inc (“MStar“) (the “Transaction“). This is the second (...)

The Portuguese Competition Authority issues clearance decision with remedies in Phase I (Kento Unitel Sonaecom/ZON Optimus)
Sérvulo & Associados
On the August 26, 2013, the Portuguese Competition Authority (“PCA”) issued a Decision of Non-opposition, with remedies, regarding a concentration notified in February 1, 2013 (under every notification criteria under article 37 (1) of the Portuguese Competition Law – Lei n.º 19/2012, of May 8, (...)

The Higher Regional Court Düsseldorf overrules decision of the Bundeskartellamt to free merger under remedies between two cable operators (Liberty Global / KabelBW)
Berlin School of Economics and Law
Recently, the Higher Regional Court Düsseldorf ("Court") overruled the decision of the Bundeskartellamt, the German competition authority, to free the merger between two cable operators, Liberty Global and KabelBW. The court decision is the outcome of an appeal procedure initiated by two (...)

The Chinese MOFCOM conditionally approves the EUR 3 billion acquisition of a medical technology company (Baxter & Gambro)
King & Wood Mallesons (New York)
MOFCOM Conditionally Cleared Baxter’s $4 Billion Acquisition of Gambro* On August 13, 2013, China’s Ministry of Commerce (MOFCOM) announced on its website that it has conditionally approved the $4 billion acquisition of Swedish medical technology company Gambro AB by Baxter International. (...)

The Chinese MOFCOM grants a clearance on the proposed acquisition of a Swedish equipment manufacturer by an American healthcare company (Baxter & Gambro)
AnJie Law (Beijing)
MOFCOM conditionally approves Baxter’s acquisition of Gambro* On 8 August 2013, China’s Ministry of Commerce ("MOFCOM") granted a clearance on the proposed acquisition of the Swedish dialysis equipment manufacturer Gambro AB ("Gambro") by its US rival healthcare company Baxter ("Baxter") in (...)

The New York Attorney General settles remedies regarding the merger between two leading online food ordering services in Manhattan (Seamless / GrubHub)
Stanford University - Stanford Law School
NY Attorney General reaches settlement with two leading online food ordering services in Manhattan* On 5 August 2013 NY Attorney General stated that he reached a settlement with Seamless North America, LLC and GrubHub, two leading online food ordering services in Manhattan, in order to address (...)

The European Commission conditionally clears merger between two US commercial airlines while the US DOJ sues to block deal (US Airways / American Airlines)
Van Bael & Bellis (Brussels)
On 5 August 2013, the European Commission conditionally approved the proposed merger between US Airways Group and AMR Corporation, the parent company of American Airlines. Both US Airways and American Airlines are major US commercial airlines. The Commission examined the competitive (...)

The German Competition Authority forbids a previously approved acquisition in the healthcare sector since the acquirer no longer intends to comply with conditions for clearance (Asklepios / Rhön)
German Competition Authority (Bonn)
Participation of Asklepios Group in rival Rhön-Klinikum retroactively prohibited - Asklepios no longer intends to comply with condition for clearance (sale of Goslar clinics)* Bonn, 30 July 2013: In spring this year the Bundeskartellamt approved plans by Asklepios Kliniken (...)

The French Competition Authority clears, subject to conditions, the merger between two companies manufacturing earthenware construction materials (Bouyer-Leroux / Imerys TC)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears, subject to conditions, the acquisition of Imerys TC assets by Bouyer-Leroux. The commitments made by Bouyer-Leroux enable the removal of all risks to competition in the (...)

The German Competition Authority clears the acquisition of a fireworks business by one of the major domestic suppliers (FKW Keller / Comet Feuerwerk)
German Competition Authority (Bonn)
Bundeskartellamt clears acquisition of fireworks importer FKW Keller, Bochum, by Comet Feuerwerk GmbH, Bremerhaven, in the first phase of merger control* The Bundeskartellamt has cleared the acquisition of the fireworks business of FKW Keller, Bochum, by Comet Feuerwerk GmbH in preliminary (...)

The German Competition Authority clears acquisition on the market for cash handling services (Prosegur Compania de Seguridad / Brink)
German Competition Authority (Bonn)
Bundeskartellamt clears mergers of cash handling services (CIT) companies* Prosegur’s acquisition of Brink’s only cleared subject to conditions relating to the Berlin market The Bundeskartellamt has cleared the acquisition of Brink’s Deutschland GmbH and Brink’s Transport und Service GmbH by the (...)

The Swedish Competition Authority seeks to block acquisition in the sector for wholesale services market for locksmiths (Assa Abloy / Prokey)
Swedish Competition Authority (Stockholm)
The Swedish Competition Authority want to stop Assa Abloy from acquiring Prokey* The planned acquisition of Prokey AB by Assa Abloy AB means that Assa Abloy would gain a monopoly position in the wholesale services market for locksmiths. The Swedish Competition Authority is therefore taking the (...)

The French Competition Authority clears, subject to commitments, an acquisition of sole control in the market of food retail (Casino / Monoprix)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears, subject to commitments, the acquisition of sole control of Monoprix by Casino Casino undertakes to divest 55 shops in Paris and 3 in the French département of Var and in (...)

The Italian Competition Authority opens a monitoring proceedings for a conditionally cleared concentration in the ferry sector (CIN/Tirrenia)
Desogus Law Office (Cagliari)
By a decision made on 18 June 2013 the Italian Competition Authority (ICA) has opened a monitoring proceedings under Article 19 of the Competition Act n. 287/1990 against CIN and Moby to verify compliance with the conditional authorization of the CIN/Tirrenia merger in the ferry sector . The (...)

The UK Competition Appeal Tribunal applies the single economic unit theory and finds that the CC has authority to prevent the concentration between two non-resident corporations on a segment of the metal packaging coatings market (AkzoNobel Holland / Metlac Italy)
Blackstone Chambers
The Competition Commission’s power to block transactions outside the UK* The judgment in Akzo Nobel NV v Competition Commission [2013] CAT 13 is an important decision on the ability of the Competition Commission (“CC”) to block transactions between companies outside of the UK. However, neither (...)

The Hungarian Competition Authority publishes its revised merger regulations (Fúziós Dokumentumok)
Hungarian Competition Authority (Budapest)
The revised merger documents of the GVH come into force on 1 August* The Hungarian Competition Authority (GVH) modified its merger notice dealing with the differentiation between simplified (first phase) and full (second phase) proceedings, and the merger notification form. The documents are (...)

The French Competition Authority approves the implementation of an injunction after a merger in the pay TV sector (Canal Plus / TPS)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la Concurrence approves three reference offers from the Groupe Canal Plus, after amendments. The first one regulates access of independent channels to distribution services by CanalSat; the (...)

The UK Competition Commission, unlike the French NCA, rules that operator of channel tunnel between Great Britain and France may no longer offer ferry services from Dover (Eurotunnel / SeaFrance / MyFerryLink)
Jones Day (London)
,
Jones Day (London)
The UK Competition Commission (“CC”) has prohibited Eurotunnel from operating ferry services at the port of Dover, following its June 2012 acquisition of three SeaFrance vessels. The decision is notable for two reasons. First, this decision differed from that of the French Competition Authority (...)

The Danish Competition Council approves modification of merger commitments in relation to an acquisition on the market for supply of pure alcohol (Arcus / Pernod Ricard)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council Approves a Modification of Commitment by Arcus-Gruppen Holding AS to Sell the Aquavit Brand ’’Brøndums’’ On September 26 2012 The Danish Competition Council (“DCC”) cleared the acquisition of Pernod Ricard Denmark A/S by Arcus-Gruppen Holding AS (“Arcus”). The DCC’s (...)

The Finnish Competition and Consumer Authority welcomes Market Court decision (Uponor/KWH)
Finnish Competition and Consumer Authority (FCCA)
Competition and Consumer Authority welcomes Market Court decision in Uponor/KWH matter* The Finnish Market Court decided in its ruling on May 24, 2013 to set stringent conditions for a corporate acquisition deal by Uponor and KWH Group. The court ruled in accordance with a proposal made by the (...)

The Finnish Market Court conditionally approves a merger in the plumbing and indoor climate systems sector and rejects the Competition Authority’s proposal to block the creation of a joint venture (Uponor / KWH)
Roschier (Helsinki)
On 24 May 2013 the Finnish Market Court handed down its first decision in a case utilising the recently enacted New Competition Act and the so-called SIEC (significant impediment of effective competition) test. The Market Court broke ground on many levels when it rejected the Competition and (...)

The President of the Office of Competition and Consumer Protection clears a merger on the LPG distribution market in Poland and imposes a set of remedies, including behavioural (Gaspol/Orlen Gaz)
Markiewicz & Sroczynski
I. The Facts On 25 July 2012 Gaspol S.A. with its seat in Warsaw (“Gaspol”) notified the President of the Office of Competition and Consumer Protection (“OCCP”) of its intention to acquire the business of bottled liquified petroleum gas (“LPG”) from Orlen Gaz Sp. z o.o. with its seat in Plock (“Orlen (...)

The Polish Competition Authority gives conditional consent to a merger in the retail of bottled gas sector (Gaspol / Orlen Gaz)
WKB Wierciński Kwieciński Baehr (Warsaw)
In its decision of 20 May 2013, the President of the Office of Competition and Consumer Protection (the “OCCP President” or the “PCA”) has given her conditional consent for Gaspol to acquire a part of assets of Orlen Gaz. Both undertakings operate on the sales market of bottled gas. Gaspol applied (...)

The US FTC requires divestiture of production and intellectual property assets before clearing an acquisition in the market for desktop hard drives (Western Digital / Hitachi GST)
Sheppard Mullin (New York)
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WilmerHale (Washington)
,
US Federal Trade Commission (FTC) (Washington)
On May 8, 2012, Western Digital Corporation (“Western Digital”) completed its acquisition of Viviti Technologies (formerly, Hitachi Global Storage Technologies Ltd., or, “Hitachi GST”) for approximately $4.8 billion, after the Federal Trade Commission (“FTC”) approved a consent order requiring (...)

The Finnish Competition and Consumer Authority approves acquisition but attached conditions (Elisa & PPO)
Finnish Competition and Consumer Authority (FCCA)
FCCA approved deal between Elisa and PPO but attached conditions* The Finnish Competition and Consumer Authority (FCCA) decided on 24 April 2013 to approve the deal in which Elisa Corporation acquires control of the companies PPO-Yhtiöt Oy, Kymen Puhelin Oy and Telekarelia Oy. However, the FCCA (...)

The Chinese MOFCOM imposes complex behavioural remedies after identifying potential concerns about impact on competition in the import to China of soy beans (Marubeni / Gavilon)
First Principles Economics (FPE)
On the 23rd April 2013 MOFCOM published its 2nd merger decision of the year. It was a clearance, with conditions, of the merger between Marubeni Corp, a publicly listed company headquartered in Japan, and Gavilon Holdings LLC, a privately held company based in the USA. Process The parties (...)

The French Competition Authority clears, subject to conditions, a merger in the regional daily press sector (Rossel / Hersant)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears, subject to conditions, the exclusive takeover, by the Rossel group, of companies in the Hersant Média group’s Champagne-Ardenne-Picardie Hub*. The Autorité de la (...)

The German Competition Authority clears proposed acquisition of a district hospital in Heppenheim (Kreiskrankenhaus Bergstraße)
German Competition Authority (Bonn)
Bundeskartellamt clears hospital merger in Bergstraße region* In main examination proceedings the Bundeskartellamt has cleared plans by Heidelberg University Hospital, Universitätsklinikum Heidelberg, to acquire a 90% share of the district hospital Kreiskrankenhaus Bergstraße gGmbH in Heppenheim. (...)

The German Competition Authority conditionally clears merger on hospital market (Asklepios Group / Rhön-Klinikum)
German Competition Authority (Bonn)
Participation of Asklepios Group in rival Rhön-Klinikum cleared subject to condition* The Bundeskartellamt has approved plans by Asklepios Kliniken Verwaltungsgesellschaft to acquire a 10.1% stake in Rhön-Klinikum AG, subject to a condition precedent. In the Goslar region the project would have (...)

The EU Court of Justice rejects electricity supplier’s request to suspend deadline to decide whether to sell off power plant project (EDF)
Van Bael & Bellis (Brussels)
On 7 March 2013, the European Court of Justice (“ECJ”) rejected the application for interim measures by Électricité de France (“EDF”), which had sought to postpone its obligation to decide whether to sell or invest in a particular power plant project, as required by previous merger commitments. (...)

The German Competition Authority clears acquisition of a publishing business of the daily newspaper from an insolvent publishing house (Frankfurter Allgemeine Zeitung / Frankfurter Rundschau)
German Competition Authority (Bonn)
Bundeskartellamt clears acquisition of Frankfurter Rundschau by FAZ* Today the Bundeskartellamt has cleared plans by Frankfurter Allgemeine Zeitung GmbH or rather Frankfurter Societät GmbH, to acquire the publishing business of the daily newspaper Frankfurter Rundschau from the insolvent Druck- (...)

The Finnish Consumer and Competition Authority argues in Court against a merger between two suppliers of plastic infrastructure pipe systems (Uponor / KWH-Yhtymä)
Van Bael & Bellis (Brussels)
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 (...)

The German Competition Authority prohibits a merger between two major TV-cable network operators (Tele Columbus / Kabel Deutschland)
German Competition Authority (Bonn)
Bundeskartellamt prohibits takeover of Tele Columbus by Kabel Deutschland* The Bundeskartellamt has prohibited plans by Kabel Deutschland Holding AG (KDG) to acquire the cable network operator Tele Columbus GmbH. Andreas Mundt, President of the Bundeskartellamt: ""After intensive (...)

The Competition Authority of the Republic of Serbia approves subject to conditions a merger between the two largest sugar producers in the country (Sunoko / Hellenic Sugar Industry)
Kinstellar (Belgrade)
On 13 February 2013, the Commission for the Protection of Competition of the Republic of Serbia (the "Competition Authority") approved, under conditions related to the fulfilment of certain structural and behavioural measures, a merger between Sunoko d.o.o. Novi Sad, a company with its (...)

The Czech Office for the Protection of Competition fines supermarket chain company for not implementing the remedies agreed in a merger case (REWE / Plus Discount)
Kinstellar (Prague)
Subject matter of the case The Office for Protection of Competition (the “Office”) imposed a fine of CZK 24,890,000 (approx. EUR 983,000) on REWE Zentralfinanz eG (“REWE”) for non-compliance with the remedies imposed in merger control proceedings regarding the merger of REWE and PLUS-DISCOUNT (...)

The Spanish Competition Authority imposed its highest fine ever for a breach of commitments in a merger case in the TV industry (Mediaset)
Van Bael & Bellis (Brussels)
On 7 February 2013, the Spanish Competition Authority (“CNC”) imposed its highest ever fine for a breach of commitments in a merger case. The fine was imposed on Spanish television group Mediaset based on commitments it made in exchange for CNC approval of the acquisition of Cuatro by (...)

The EU Commission prohibits a merger considering that efficiencies arguments were not enough verifiable (UPS / TNT Express)
Van Bael & Bellis (Brussels)
On 7 May 2014, the European Commission published a summary version of its 30 January 2013 decision prohibiting the acquisition of package delivery service TNT Express by rival United Parcel Service (UPS) (see VBB on Competition Law, Volume 2013, No. 1). The Commission had prohibited the deal (...)

The German Competition Authority imposes a fine of 90,000 euros on a natural person for the incomplete notification of the acquisition of a slaughtering company (Clemens Tönnies)
German Competition Authority (Bonn)
Clemens Tönnies fined for incomplete notification of a merger* The Bundeskartellamt has imposed a fine of 90,000 euros on Mr Clemens Tönnies (senior) for the incomplete notification of the acquisition of the slaughtering company Tummel, Schöppingen, by his company group. The notification did not (...)

The French Council of State reduces € 30 M fine imposed on pay-TV operators for failure to comply with commitments in merger case (Vivendi / Canal Plus)
Van Bael & Bellis (Brussels)
On 21 December 2012, the French Council of State (the highest administrative court in France) reduced a fine imposed on pay-TV operators Vivendi and Canal Plus for breaching commitments entered into in the context of the conditional clearance of their acquisition of TV channels TPS and (...)

The Spanish Competition Authority fines a payment processing company for infringing commitments offered to obtain merger clearance (REDSYS)
European Commission - DG COMP (Brussels)
On 17 December 2012 the Spanish Competition Authority ("CNC") imposed a fine of €819,000 on REDSYS S.L. ("REDSYS") as it considered that the payment processing company had infringed the commitments which it had voluntarily offered in Phase 2 of the procedure in order to obtain clearance for its (...)

The Dutch Competition Authority blocks a merger between two companies involved in the production and sale of gingerbread and rusk to retailers on the Dutch market (A.A. ter Beek / Continental Bakeries)
Bird & Bird
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Stibbe (Amsterdam)
1. Introduction In its decision of 14 December 2012, the Dutch Competition Authority (hereafter "NMa") blocked the proposed acquisition of A.A. ter Beek B.V. by Continental Bakeries B.V. (hereafter: "the ruskmerger"). Both companies are involved in the production and sale of gingerbread and (...)

The England and Wales High Court rules that there was no contingent infringement of article 21 of the ECMR when the UK Competition Commission investigates an acquisition of a minority stake prior to a merger subject to the exclusive control of the European Commission (Ryanair / CC)
Blackstone Chambers
Anyone for another round? The Court of Appeal’s nuanced approach to the duty of “sincere cooperation”.* The duty of “sincere cooperation” set out in Article 4(3) TEU requires Member States to take appropriate measures to “ensure fulfilment of the obligations arising out of the Treaties or resulting (...)

The Chinese MOFCOM conditionally clears an off-shore joint venture involving European computer technology groups (ARM / Giesecke & Devrient / Gemalto)
First Principles Economics (FPE)
On the 6th December 2012 MOFCOM published its 6th and last merger decision of the year - a clearance, with conditions, of the Trustonic joint venture between ARM, Giesecke & Devrient (G&D), and Gemalto. Process The parties submitted their initial notification on 4th May 2012. MOFCOM (...)

The Italian Competition Authority by relying, inter alia, on upward pricing pressure techniques finds a food merger to have anticompetitive effects and conditionally clears it (Bolton Alimentari/Simmenthal)
Desogus Law Office (Cagliari)
By the decision made on 5 December 2012 the Italian Competition Authority (ICA) closed a phase II merger investigation into the proposed acquisition of Bolton Alimentari (Bolton) of the Simmenthal business branch from Kraft. The ICA reached the conclusion that the merger would have a negative (...)

The US FTC jointly with the Pennsylvania Attorney General oppose proposed acquisition in the health care industry (RHS / SIR)
Sheppard Mullin (Los Angeles)
,
Sheppard Mullin (Century City)
Large General Acute-Care Hospital Abandons Acquisition Of 15-Bed Surgical Specialty Center As A Result Of FTC Challenge* Just three days after the Federal Trade Commission, jointly with the Pennsylvania Attorney General, issued an administrative complaint challenging Reading Health System’s (...)

The US FTC proposes acquisition consent agreement to resolve unprecedented allegations on enforcement of standards-essential patents (Bosch / SPX)
Jones Day (Washington)
,
Jones Day (Washington)
,
Jones Day (Sillicon Valley)
The U.S. Federal Trade Commission this week announced a highly unusual proposed consent agreement reached with Robert Bosch GmbH ("Bosch") that permits Bosch’s acquisition of SPX Service Solutions U.S. LLC ("SPX Service Solutions") from SPX Corporation ("SPX") to proceed. More significantly, it (...)

The French Competition Authority clears, subject to conditions, a merger in the maritime transport sector (Eurotunnel / SeaFrance / MyFerryLink)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears, subject to conditions, the acquisition of certain SeaFrance assets by the Eurotunnel group* The Autorité de la concurrence has just cleared, subject to certain (...)

The EU Court of Justice dismisses appeals against General Court judgments in merger case in the publishing industry (Lagardère / VUP)
Van Bael & Bellis (Brussels)
On 6 November 2012, the European Court of Justice dismissed two appeals by Editions Odile Jacob against judgments of the General Court in the Lagardère/VUP case. The acquisition by Lagardère of part of rival publishing company Vivendi Universal Publishing was approved by the Commission (...)

The French Competition Authority clears a merger in the public transport sector, subject to the maintenance of commitments previously made (SNCF / Keolis)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the acquisition of sole control of Keolis by SNCF, subject to the maintenance of the commitments made in 2010* On 23 July 2012, the European Commission referred the (...)

The Belgian Competition Council conditionally clears acquisition of a provider of ground handling services by a rival (Flightcare / Swissport Handling)
Van Bael & Bellis (Brussels)
On 31 August 2012, the Belgian Competition Council conditionally cleared the acquisition of Flightcare by Swissport Handling. The parties are rival providers of ground handling services at Brussels airport. Flightcare is one of two companies licensed by the Brussels Airport Company to (...)

The UK OFT accepts commitments offered by a party to a completed acquisition in lieu of referring the case to the Competition Commission (Vue Entertainment International / Apollo Cinemas)
Herbert Smith Freehills (Brussels)
In May 2012 Vue Entertainment International Limited ("Vue") acquired sole control of Apollo Cinemas Limited ("Apollo"). In its decision of 24 August 2012 published in October 2012, the Office of Fair Trading ("OFT") stated that the acquisition had resulted or may be expected to result in a (...)

The Spanish Government partially overturns the Competition Authority’s phase 2 merger decision regarding the audiovisual sector and softens the merger conditions (Antena 3 / La Sexta)
Callol, Coca & Asociados
On 24 August 2012 the Cabinet, using the powers granted to that end by the 2007 Competition Act, has decided to soften the conditions included in the NCC Decision. The Cabinet has acted using as legal basis Article 60 of the Competition Act, which enables the Government (the Cabinet) to amend (...)

The French Competition Authority clears, subject to conditions, a merger in the television sector (Canal Plus / Direct 8)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the acquisition of Direct 8 and Direct Star by Vivendi and Groupe Canal Plus, subject to conditions* On 23 July 2012, the Autorité de la concurrence cleared the acquisition (...)

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)
Van Bael & Bellis (Brussels)
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 (...)

The French Competition Authority sanctions a company active in the slaughtering and meat processing sector for breaching an important commitment conditioning a merger clearance (Bigard / Socopa)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence sanctions the Bigard Group for breaching an important commitment conditioning the takeover of Socopa* The Autorité de la concurrence, noting that the Bigard Group failed to fulfil (...)

The European Commission clears a merger between two Austrian mobile networks operators subject to remedies (Hutchison 3G / Orange Austria)
CRA International (London)
The long-standing discussion about how competition in telecom markets should be best managed (that is, through a mix of traditional regulatory mechanisms – like access price regulation – and ex-post competition policy) has recently drawn new life from the debate about the need to provide the (...)

The Italian Competition Authority clears a merger between two major ferry companies by imposing a set of behavioural remedies (Compagnia Italiana di Navigazione, Tirrenia)
Desogus Law Office (Cagliari)
Introduction By a decision made on 21 June 2012 the Italian Competition Authority (ICA) has cleared the acquisition of the ferry service branch of the debt-stricken publicly owned ferry operator Tirrenia by Compagnia Italiana di Navigazione (CIN). The go-ahead for the transaction was made (...)

The UK Competition Appeal Tribunal rejects appeal against merger remedies in the healthcare waste services industry (Stericycle/Ecowaste Southwest)
St John’s Chambers
UPDATE: Stericycle/Ecowaste merger: Competition Appeal Tribunal rejects appeal against remedies* An earlier post considered the Competition Commission’s (“CC”) prohibition of Stericycle’s completed acquisition of a competitor, Ecowaste Southwest. Having found that the merger would have resulted in (...)

The Chinese MOFCOM conditionally clears an acquisition in the smartphone and smartphone operating system sectors (Google / Motorola Mobility)
Institute of American Studies
China’s Ministry of Commerce Conditionally Clears the Google/Motorola Mobility Deal* On 19 May 2012, China’s Ministry of Commerce (‘MOFCOM’) announced its conditional clearance decision on the acquisition of Motorola Mobility by Google, which removed the last hurdle for the USD12.5 billion (...)

The French Competition Authority clears a merger in the food retail sector (Carrefour / Guyenne et Gascogne)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the takeover by Carrefour of its franchisee Guyenne et Gascogne, which operates thirty-four food superstores in the south-west of France*. The Autorité de la concurrence (...)

The French Competition Authority clears a merger in the food retail sector in the urban area of Beauvais (Intermarché)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the acquisition, subject to commitments, by the Intermarché group of several independent retail outlets in the urban area of Beauvais under the brand name Intermarché*. On (...)

The French Competition Authority clears a merger in the food retail sector in Martinique (Parfait / Lancry)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears, subject to commitments, the acquisition in Martinique of two hypermarkets by the Parfait group*. The Autorité de la concurrence has issued a decision clearing, subject to (...)

The UK Competition Commission finds that the joint venture between two of the largest suppliers of construction materials in the UK would give rise to substantial lessening of competition based on coordinated effects (Anglo American / Lafarge)
Herbert Smith Freehills (Brussels)
On 1 May 2012 the Competition Commission (CC) published its decision on the anticipated joint venture between Anglo American PLC and Lafarge SA in the market for construction materials. The CC concluded that the proposed joint venture would give rise to a substantial lessening of competition in (...)

The French Competition Authority clears a merger between two agricultural cooperatives (Champagne Céréales / Nouricia)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears - subject to commitments - the merger of the agricultural cooperative groups Champagne Céréales and Nouricia* Yesterday the Autorité de la concurrence issued a decision by (...)

The French Competition Authority clears, under conditions, a merger on the sanitation, heating and air-conditioning products sector (Point P / Brossette)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Subject to the sale of 22 retail outlets, the Autorité de la concurrence clears the acquisition of Brossette by the Point P group* In November 2011, at the request of Point P, a subsidiary of the Saint-Gobain (...)

The UK Competition Commission requires U.S. company unwind completed acquisition (Stericycle/Ecowaste Southwest Limited)
Jones Day (London)
,
Jones Day (London)
On 21 March, the Competition Commission ("CC") announced that it will require U.S. firm Stericycle to sell Ecowaste Southwest Limited ("ESL") – a company it bought just over a year ago. On what basis has the buyer found itself in such an unsatisfactory situation? The answer probably lies (...)

The UK Competition Commission prohibits a completed merger in the healthcare waste services industry requiring the divestment of the acquired business (Stericycle / Ecowaste Southwest)
St John’s Chambers
Competition Commission prohibition of completed merger a warning to companies that do not wait for UK merger clearance* Unlike in most countries, in the United Kingdom, the notification of mergers is voluntary and there is no waiting period that must expire before a merger can be completed. (...)

The South African Competition Appeal Court upholds Competition Tribunal’s conditional clearance of a retail market acquisition (Walmart / Massmart)
Computer and Communications Industry Association US (CCIA)
On 9 March 2012, the South African Competition Appeal Court upheld the Competition Tribunal’s decision to clear the Walmart/Massmart merger conditioned to several obligations that consider public interest needs. The South African Court concluded, after several months of dispute and business (...)

The Chinese MOFCOM clears an acquisition in the desktop hard drive disks market but imposes both structural and behavioral remedies (Western Digital / Hitachi)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
,
Skadden, Arps, Slate, Meagher & Flom (Hong Kong)
Companies contemplating global mergers,acquisitions and joint ventures should be aware that the Ministry of Commerce (MOFCOM), China’s antitrust agency tasked with merger control, is increasingly imposing competition remedies exceeding those required by the European Commission, U.S. Federal (...)

The Danish Public Prosecutor fines an agricultural company who intentionally or by gross negligence failed to correct wrong information relevant for a merger notification (Danish Agro)
Danish Competition and Consumer Authority (Copenhagen)
Agricultural company pays fine in settlement for failure to correct wrong information relevant to a merger* On January 9, 2012, a Danish agricultural company entered into a settlement with the Public Prosecutor for infringing section 23 of the Danish Competition Act. The Danish agricultural (...)

The US DoJ closes its investigation regarding the acquisition of patents and applications from leading smartphone hardware manufacturer (Google / Motorola Mobility)
Womerang
“Honor your commitments” - The patent gatekeeping problem after antitrust regulators in the United States and the European Union cleared Google’s acquisition of Motorola’s patent pool* On February 13, 2012, the Department of Justice’s Antitrust Division (the Division) announced its decision to (...)

The European Commission clears the acquisition of a smartphone and tablet manufacturer’s patent pool by a leading smartphone operating system developer (Google / Motorola Mobility)
Womerang
“Honor your commitments” - The patent gatekeeping problem after antitrust regulators in the United States and the European Union cleared Google’s acquisition of Motorola’s patent pool* On February 13, 2012, the Department of Justice’s Antitrust Division (the Division) announced its decision to (...)

The EU Commission blocks a merger due to its potential effect on European financial derivatives traded on the stock exchange (NYSE Euronext / Deutsche Börse)
Mayer Brown (Paris)
,
Greenberg Traurig (London)
,
Mayer Brown (Brussels)
On 1st February 2012, the European Commission adopted its decision prohibiting the USD 10.2 billion merger between Deutsche Börse (DB) and NYSE Euronext (NYSE). The decision is notable not the least because it is rare for the Commission to block a merger. Only 21 have been blocked compared (...)

The Spanish Competition Commission clears, subject to commitments, merger in the credit card terminal sector (Verifone/Hypercom)
Callol, Coca & Asociados
This is an interesting case and we are reporting it based on the publicly available (press) information. The merger Decision on the case is not public. Verifone Systems, Inc is a global leader in secure electronic payment solutions, and Hypercom Corporation, a high security electronic payment (...)

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)
Van Bael & Bellis (Brussels)
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 (...)

The Belgian Competition Council conditionally clears acquisition by a telecom operator of a specialized retail chain (Belgacom / The Phone House)
Van Bael & Bellis
On 23 December 2011, the Belgian Competition Council conditionally cleared the acquisition by Belgian telecommunications company Belgacom of The Phone House, a telecommunications retail network. Following an in-depth, phase II investigation, the College of Competition Prosecutors (...)

The US Department of Justice conditionally approves combination of stock exchanges groups while the EU Commission’s review is still pending (NYSE Euronext / Deutsche Börse)
Wolters Kluwer (Riverwoods)
U.S. Justice Department Conditionally Approves Combination of Stock Exchange Groups, European Review Still Pending* The prospects for the merger of Deutsche Börse AG and NYSE Euronext are looking a little brighter, since the U.S. Department of Justice Antitrust Division conditionally approved (...)

The Chinese MOFCOM conditionally approves the acquisition of the HDD business of a Korean electronics company by a US competitor (Seagate / Samsung)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Hong Kong)
Companies contemplating global mergers,acquisitions and joint ventures should be aware that the Ministry of Commerce (MOFCOM), China’s antitrust agency tasked with merger control, is increasingly imposing competition remedies exceeding those required by the European Commission, U.S. Federal (...)

The Italian Competition Authority opens an investigation to assess whether the dominant positions held by a leading airline at the moment of a 2008 merger operation on certain national routes still exist and, if so, how they should be eliminated (Alitalia/CAI bis)
Bonelli Erede Pappalardo (Rome)
After three years since the approval of the merger operation through which Compagnia Aerea Italiana (CAI) acquired the operating assets of Alitalia Linee Aeree Italiane S.p.A.(Alitalia)as well as AirOne - Alitalia‘s main national competitor - the Italian Competition Authority (the “ICA”) opened (...)

The Chinese MOFCOM conditionally clears a joint venture involving a Chinese State-owned company in order to license coal-water slurry gasification technology (GE / Shenhua)
King & Wood Mallesons (New York)
MOFCOM Imposed Conditions on SOEs - GE/Shenhua Deal* Only 10 days after its conditional clearance of the Alpha V/Savio deal, the Ministry of Commerce (MOFCOM) published, on 10 November 2011, the third conditional merger clearance of this year approving the proposed joint venture between (...)

The French Competition Authority clears a merger in the food-processing sector (Agrial / Elle-et-Vire)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the takeover of the cooperative Elle-et-Vire*. By the cooperative group Agrial subject to conditions Agrial bought out the cider-making business of Elle-et-Vire on 30 June (...)

The Spanish Antitrust Authority adopts communications on termination of proceedings by commitments and on short-form notification of concentrations
European Commission (Brussels)
Spain: The CNC adopts Communications on Termination of Proceedings by Commitments and on Short-Form Notification of Concentrations* The Spanish antitrust authority, the Comisión Nacional de la Competencia (CNC) has approved two Communications on 28 September 2011. The first Communication on (...)

The French Competition Authority fines two media groups for violating merger remedies in the satellite TV sector (TPS / Canal Sat)
EDHEC (Nice)
Summary The merger between TPS and Canal Satellite, Vivendi Universal and Canal plus Group’s satellite television subsidiary, was cancelled and the companies had to pay a 30 million euro fine and re-submit their merger. Facts In 2006, Canal plus group and Vivendi Universal group decided to (...)

The Estonian Competition Authority prohibits a merger between two postal service providers on the basis of national merger regulation (Aktsiaselts Eesti Post / Express Post)
COBALT Legal
On 16 September 2011, the Estonian Competition Authority (ECA) prohibited merger between two postal service providers Aktsiaselts Eesti Post (Eesti Post) and AS Express Post (Express Post) in the second phase. First of all, it should be noted that Eesti Post is a state-owned near-monopoly (...)

The Spanish Competition Commission approves with commitments the concentration of the two main operators in transformation and wholesale rice (EBRO / DEOLEO)
Callol, Coca & Asociados
The merger consisting of the acquisition by EBRO FOODS, S.A. (EBRO) of DEOLEO, S.A. (DEOLEO) – formerly SOS COPRPORACION ALIMENTARIA, S.A. (SOS) - rice business assets leads to the concentration of the two main operators in transformation and wholesale rice, for its commercialization with (...)

The French Competition Authority clears, subject to commitments, a merger in the retail grocery sector in Martinique (Bernard Hayot / Cora)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears, subject to commitments, the acquisition of a Cora hypermarket by Groupe Bernard Hayot on Martinique (French West Indies)*. The Autorité de la concurrence is today (...)

The Italian Competition Authority blocks a merger in electricity market of Italy’s smallest region and suggests the region to remove existing regulatory barriers to reconsider its assessment (Compagna Valdostana delle Acque / Deval / Vallenergie)
Ferrovie dello Stato (Rome)
Introduction On the 4th of August 2011 the Italian Competition Authority (hereinafter «ICA«) brought a phase II merger to an unusual conclusion. The proceeding was opened in order to assess competition issues arising from a proposed merger involving electricity operators active in the markets (...)

The Italian Competition Authority conditionally clears an acquisition in the ferry transportation sector by imposing slot remedies (Moby / Toremar)
Desogus Law Office (Cagliari)
Introduction The Italian Competition Authority (ICA) has conditionally cleared the Moby acquisition of a regional ferry operator, Toremar. Though the notified merger was likely to give Moby a monopoly position on the market for ferry services on the Piombino-Portoferraio ruote, the ICA has (...)

The Italian Competition Authority closes an infringement procedure on implementation of the remedies imposed for the approval of a merger in the banking sector (Banca Intesa/San Paolo IMI)
Desogus Law Office (Cagliari)
By a recent decision, the Italian Competition Authority (ICA) has closed the infringement procedure on whether the parties to the bank merger Banca Intesa/San Paolo IMI had correctly implemented the remedies imposed in the conditional authorization of the transaction. The ICA was happy with the (...)

The French Competition Authority clears, subject to conditions, a merger in the regional daily press sector (Crédit Mutuel / Est Républicain)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears, subject to conditions, the proposed acquisition of sole control of the Est Républicain Group by the Crédit Mutuel*. The Autorité de la concurrence has examined the (...)

The French Competition Authority clears, subject to conditions, a merger on the fuel and LPG distribution sector in the French West Indies and Guyana (Rubis / Chevron)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears under conditions the acquisition by Rubis Group of sole control of Chevron (Texaco)’s activities in the French West Indies and Guyana*. The Autorité de la concurrence has (...)

The Romanian Competition Authority clears a healthcare merger subject to structural divestitures and behavioural commitments (Fresenius, Renamed)
University of Technology (Tallinn)
On 20 June 2011 the Romanian Competition Authority (CC) has cleared a healthcare merger subject to certain structural divestitures and behavioural commitments. The subject concentration was notified by SC Fresenius Nephrocare Romania SRL (Fresenius), which set out to acquire sole control over (...)

The Chinese MOFCOM conditionally clears in phase II a merger between two Russian companies in the Chinese potash market (Urakali / Silvinit)
King & Wood Mallesons (New York)
The Russian Potash Deal - first conditional clearance of 2011* On June 2, 2011, Ministry of Commerce (MOFCOM) publicly announced the first conditional merger clearance in 2011. At its [2011] No. 33 Announcement, MOFCOM cleared Uralkali’s proposed acquisition of Silvinit (the Parties) (both (...)

The Brussels Court of Appeal confirms Competition Council’s decision amending condition imposed on cable network operator’s acquisition of pay-TV provider (Telenet / Canal+)
Van Bael & Bellis
In a judgment of 17 May 2011, the Brussels Court of Appeal confirmed the Belgian Competition Council’s decision of 29 November 2010 amending a condition that had been imposed in 2003 on cable network operator Telenet’s acquisition of pay-TV provider Canal+. The condition in question (...)

The US DoJ expresses antitrust concerns on a proposed merger in the equity market sector leading the companies to abandon the deal (Nasdaq OMX, NYSE Nasdaq)
Wolters Kluwer (Riverwoods)
Threat of U.S. Antitrust Challenge Leads Nasdaq to Abandon Pursuit of NYSE* Nasdaq OMX Group, Inc. and IntercontinentalExchange (ICE) have withdrawn their proposal to acquire NYSE Euronext in the face of antitrust objections from the U.S. Department of Justice. The Justice Department issued a (...)

The European Commission waives commitment imposed on a merger in the DNA probes sector (Hoffmann-La Roche/Boehringer Mannheim)
Van Bael & Bellis (Brussels)
In a recently published decision of 3 May 2011, the European Commission waived certain commitments imposed as a condition of its approval of the acquisition of Boehringer Mannheim by Hoffman-La Roche in February 1998. In the 1998 decision, the Commission found that Hoffman-La Roche’s dominant (...)

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)
Van Bael & Bellis (Brussels)
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’ (...)

The US DOJ clears an acquisition subject to conditions in the IT industry (Google / ITA)
Jones Day (Houston)
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Jones Day (Sillicon Valley)
The U.S. Department of Justice has announced that, to allow Google’s proposed acquisition of ITA Software, DOJ and the parties have agreed to a set of requirements that will govern Google’s future operation of the ITA business. This action is notable as another challenge to a vertical merger and (...)

The Italian Competition Authority conditionally clears a banking merger leading to a collective dominant position by imposing a set of structural and behavioural remedies (Intesa San Paolo-Banca Monte Parma)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA) has conditionally authorized the Intesa San Paolo (ISP) acquisition of Banca Monte Parma (BMPR)by a second phase investigation decision . The ICA imposed a set of remedies to fix the competition concerns arising from a dominant position between ISP and (...)

The French Competition Authority clears, subject to conditions, a merger on the district heating networks sector (GDF Suez / Ne Varietur)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the proposed acquisition of the Ne Varietur Group’s sole control by GDF Suez, subject to conditions*. The Autorité de la concurrence has investigated the takeover by GDF (...)

The Hellenic Competition Commission conditionally clears a merger in the dairy sector (Vivartia / Mevgal)
Fieldfisher (London)
On the 14th February 2011 the Hellenic Competition Commission («Ελληνική Επιτροπή Ανταγωνισμού») (hereafter the «HCC») gave the green light for the acquisition of Mevgal by Vivartia (the «Parties») imposing certain remedies. In particular, the concentration involved the acquisition of a 57.8% share of Mevgal, through (...)

The European Commission approves a merger between two US software companies subject to a set of commitments ensuring fair competition in the sector of computer security (Intel / McAfee)
French Competition Authority (Paris)
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European External Action Service
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Danish Competition and Consumer Authority (Copenhagen)
Intel/McAfee* Introduction On 26 January 2011 the European Commission approved the proposed acquisition of McAfee by Intel, both of the US. The approval is conditional upon a set of commitments ensuring fair competition in the sector of computer security. Computer security is a growing (...)

The Italian Competition Authority starts a second phase investigation into a banking merger for allegedly anti-competitive coordinated effects (Intesa San Paolo / Banca Monte Parma)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA) has decided to open a Second Phase investigation into the Intesa San Paolo (ISP) acquisition of Banca Monte Parma (BMPR). The ICA held that the transaction was likely to result in the creation or strengthening of a dominant position in a number of banking (...)

The Austrian Competition Authority clears a merger between food wholesalers subject to pricing commitments (Supermarkets at Bruck/Mur)
Van Bael & Bellis (Brussels)
According to a recent press-release, the Austrian Competition Authority cleared a merger between two competing food wholesalers, subject to pricing commitments. The Competition Authority held that the transaction, as initially notified, would give rise to competition concerns because the (...)

The French competition authority clears a merger in the urban and intercity passenger road transport sectors subject to remedies after an in-depth examination (Veolia Environnement / CDC)
Herbert Smith Freehills (Paris)
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In its decision dated 30 December 2010, the French competition authority (the «FCA») authorised, subject to certain commitments, the creation of a joint venture between Veolia Environnement(«Veolia») and the Caisse des Dépôts et Consignations (the «CDC») that will combine their respective transport (...)

The Italian Competition Authority reviews the remedies regarding life insurance markets attached to the 2006 conditional clearance of a merger (Banca Intesa / Sanpaolo IMI merger)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA) has recently reviewed the remedies attached to the 2006 conditional authorization of the Banca Intesa/Sanpaolo IMI merger. The remedies addressed the competition problems the merger would have caused in life insurance markets. The ICA considered the (...)

The Belgian Competition Council amends the conditions imposed on an acquisition in the audiovisual sector (Telenet / Canal+)
Van Bael & Bellis (Brussels)
In a decision of 29 November 2010, the Belgian Competition Council amended a condition that was imposed in 2003 on cable network operator Telenet‘s acquisition of pay-TV provider Canal+. The condition in question essentially required Telenet to offer its pay-TV content to competing network (...)

The European Commission conditionally approves a merger in the body and laundry care industries (Unilever / Sara Lee)
RBB Economics (London)
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RBB Economics (London)
Roll on demand estimation: the EC’s empirical analysis in Unilever/Sara Lee* The European Commission’s decision on Unilever/Sara Lee represents an important step in the use of merger simulations in assessing mergers, placing greater prominence on such analysis than in previous cases where this (...)

The European Commission clears the acquisition subject to conditions of the body and laundry care businesses of a US consumer goods company (Unilever / Sara Lee)
Main developments between 1 September and 31 December 2010* The European Commission cleared the planned acquisition subject to conditions of the body and laundry care businesses of Sara Lee Corp of the US by the Anglo Dutch consumer goods company Unilever on 17 November 2010. The Commission’s (...)

The European Commission conditionally clears the acquisition of the global sunflower seed business of a US company by a Swiss company (Syngenta/Monsanto)
Main developments between 1 September and 31 December 2010* On 17 November 2010 the European Commission cleared the acquisition of the global sunflower seed business of the US company Monsanto by Syngenta, a Swiss company. The notified transaction combines two leading sunflower seed suppliers (...)

The European Commission publishes its clearance decision in the first merger case in many years where it relies on merger simulation to require remedies (Unilever / Sara Lee)
RBB Economics (Brussels)
Unilever/Sara Lee – The return of merger simulation?* In late January 2012, the Commission finally published the non-confidential version of its decision in Unilever/Sara Lee Body Care (adopted in November 2010). The decision, reached after a Phase II investigation, is notable because it marks (...)

The Netherlands Competition Authority clears pharmacies merger, subject to divestiture of four pharmacies (Brocacef/Lloyds Nederland)
Liberty Global (Amsterdam)
The merger The merger involved the acquisition of Lloyds Nederland BV («Lloyds») by Brocacef Holding NV («Brocacef»). Lloyds operated 63 pharmacies in the Netherlands at the time of the decision by the Netherlands competition authority («NMa») and is a subsidiary of the German group Celesio AG. (...)

The Spanish Competition Authority clears the acquisition of sole control of a rival TV channel subject to remedies (TV Channel Cuatro/Telecinco)
Hogan Lovells (Madrid)
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Linklaters (Madrid)
On 28 October 2010, after a long and complex process, the Council of the National Competition Commission ("the NCC") authorised the acquisition by the TV operator Gestevisión Telecinco, S.A. ("Telecinco") of sole control of rival TV channel Cuatro in a decision that has had an important impact (...)

The European Commission approves the merger between two British consumer goods companies subject to divestments commitments (Reckitt Benckiser/SSL International)
Main developments between 1 September and 31 December 2010* On 25 October 2010 the European Commission approved the proposed acquisition of SSL International by Reckitt Benckiser, both of which are British pharmaceutical companies. The decision is conditional upon Reckitt Benckiser’s (...)

The Polish Competition Authority conditionally clears a vertical merger between a company operating in the sale and extraction of coal and a producer of mining accessories (Kompania Węglowa / Huta Łabędy)
Orange (Warsaw)
The Polish Competition Authority (the OCCP President) gave consent for Kompania Węglowa to take over Huta Łabędy. It was however a conditional consent. The Authority very rarely issues any conditions in relation to the merger decisions, only around 2% of decisions issued by the OCCP President are (...)

The German Federal Court of Justice limits judicial review of merger clearances subject to commitments (EDEKA / Plus)
Heinz & Zagrosek (Köln)
Federal Court of Justice limits judicial review of merger clearances subject to commitments in Germany (EDEKA/Plus)* On October 5, 2010, the Federal Court of Justice upheld the Düsseldorf Court of Appeals’ rejection of an appeal against the conditions of a merger clearance decision brought by (...)

The UK Office of Fair Trading assesses divestments remedies to an up-front purchaser in the largest grocery retailers proposed acquisition of grocery stores (Asda/Netto)
DLA Piper
Asda Stores Limited (Asda) is one of the UK’s largest grocery retailers. In May 2010, Asda entered into a sale and purchase agreement to acquire the Netto chain of 194 grocery stores across the UK from Dansk Supermarket A/S. The UK Office of Fair Trading (OFT) has concluded that the merger is (...)

The US DoJ and FTC revise horizontal merger guidelines which outline how the agencies evaluate the likely competitive impact of mergers and their compliance with US law
Stanford University - Stanford Law School
U.S. Department of Justice and Federal Trade Commission issue revised Horizontal Merger Guidelines* On 19 August 2010 the U.S. Department of Justice and Federal Trade Commission (“agencies”) issued revised Horizontal Merger Guidelines which outline how the agencies evaluate the likely (...)

The Chinese MOFCOM imposes conditions on merger in pharmaceutical industry (Novartis / Alcon)
Jones Day (Beijing)
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Gibson Dunn (Hong Kong)
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Jones Day (Beijing)
After a four-month review, on 13 August 2010, China’s Ministry of Commerce (“MOFCOM”) authorized Novartis‘ acquisition of Alcon subject to conditions. Taking different approaches than one would see in the U.S. or European Union, MOFCOM’s decision is notable for the demanding view it takes of (...)

The EU Commission modifies commitments attached to a merger in the digital satellite TV sector in light of changed market conditions (Newscorp / Telepiu)
Van Bael & Bellis (Brussels)
On 20 July 2010, the European Commission relieved Italian digital satellite TV company Sky Italia from one of the commitments given in the context of the 2003 Newscorp/Telepiuacquisition. This allows Sky Italia now to bid in the upcoming tender for the allocation of digital terrestrial TV (...)

The US DoJ requires rescission of a merger-to-monopoly and puts conduct remedies in place to ensure competition in the market for local newspapers in a city in West Virginia (Daily Gazette / MediaNews)
Akin Gump Strauss Hauer & Feld (Dallas)
The DOJ entered into a consent decree with two local West Virginia newspaper owners, requiring them to rescind a merger three years after its consummation. The Daily Gazette Company and MediaNews Group, Inc. had entered into a two-to-one merger, creating a monopoly from the only two local (...)

The European Commission partially approves a proposed acquisition of a chemical company and refers part of the assessment to the French authorities (CVC/Univar/Eurochem)
"Mergers: main developments between 1 May and 31 August 2010"* On 16 July the Commission approved part of the proposed acquisition of the chemical company Eurochem by Univar. The Commission found that Univar‘s acquisition of the Belgian and Dutch activities of Eurochem would not significantly (...)

The European Commission clears two mergers in the air and sea transport sector addressing the issue of pre-existing cooperation agreements (Iberia / British Airways - DFDS / Norfolk)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
The power of pre-existing agreements* In two recent decisions, the Commission considered the impact of cooperation agreements that the notifying parties had entered into before the notified transaction and came to two different conclusions. In Iberia/British Airways (decision of 14 July (...)

The EU General Court dismisses an airline’s appeal against the Commission’s decision not to divest a minority shareholding post-merger (Ryanair / Aer Lingus)
European Commission - DG ENER
Yes, we can (prohibit) – The Ryanair/Aer Lingus merger before the Court* I. Introduction In two judgments handed down on 6 July 2010, the General Court upheld the Commission’s June 2007 decision to prohibit the planned merger between Ryanair and Aer Lingus (Case T-342/07) and dismissed Aer (...)

The EU Commission approves the creation of a joint venture between French incumbent railway operator and UK railways company (SNCF / LCR / Eurostar )
"Mergers: main developments between 1 May and 31 August 2010"* The Commission approved on 17 June the proposed creation of the ‘New Eurostar’ joint venture by the French incumbent railway operator SNCF and London Continental Railways (LCR) of the UK. SNCF provides rail passenger and freight (...)

The Greek Competition Authority conditionally clears service station merger (Shell Hellas, Motor Oil Hellas Corinth Refineries)
Van Bael & Bellis (Brussels)
On 11 June 2010, the Greek Competition Authority conditionally cleared the acquisition of Shell Hellas by Motor Oil Hellas Corinth Refineries. The Competition Authority held that the transaction, as initially notified, would create or strengthen a dominant position on certain retail markets (...)

The European Commission partially approves a proposed acquisition of a company active in the production and sale of aggregates and refers part of the assessment to the French and Czech authorities (Eurovia/Tarmac)
"Mergers: main developments between 1 May and 31 August 2010"* On 10 June the Commission approved part of the proposed acquisition of the aggregates business of Tarmac, belonging to the UK-based Anglo American group, by Eurovia, belonging to the French Vinci group. The Commission found that (...)

The French Competition Authority clears, under conditions, a merger in the sugar and spirits sector on Reunion Island (Tereos / Quartier Français)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the acquisition of the Quartier Français Group by the Tereos Group, under certain conditions.* The Autorité de la concurrence has carefully examined the Tereos Group’s (...)

The UK Competition Commission concludes that a proposed merger in the entertainment industry would not result in a substantial lessening of competition in the market for live music ticket retailing (Live Nation / Ticketmaster)
Stanford University - Stanford Law School
Ticketmaster/Live Nation merger gets final clearance in the UK* On 7 May 2010, the UK Competition Commission (“CC”) reaffirmed its initial decision of December 2009 (see Newsletter 1/2010 p. 9 for details) concluding that the merger of Live Nation and Ticketmaster would not result in a (...)

The UK Competition Commission clears entertainment industry merger for second time without remedies following appeal to the Competition Appeal Tribunal (Live Nation / Ticketmaster)
Oxera (London)
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Oxera (London)
On May 7th 2010, the UK Competition Commission (CC) cleared unconditionally the completed merger between Ticketmaster Entertainment, Inc (Ticketmaster) and Live Nation, Inc (Live Nation). The case had previously been cleared by the CC in December 2009, but following a successful appeal by a (...)

The Hungarian Competition Office conditionally clears a merger between two major liquefied petroleum gas distributors (Prímagáz / Intergas)
Philip Morris
In November 2009, Prímagáz Hungária Zrt. (Prímagáz) and Intergas Hungária ZRt. (Intergas) concluded a share sale and purchase agreement for the transfer of 100 percent of the shares in Intergas. Prímagáz, founded in 1992 with the aim of continuing the business activities of three previously (...)

The European Commission clears, subject to divestment, the acquisition of a vendor of videoconferencing products with dual headquarters in Norway and in the US by US company (Cisco/Tandberg)
"Merger: main developments between 1 January and 30 April 2010" On 29 March the Commission approved under the EU Merger Regulation the proposed acquisition of Tandberg, a vendor of videoconferencing products with dual headquarters in Norway and in the US, by Cisco of the US. The approval is (...)

The European Commission clears in phase I a merger in video communications industries accepting complex remedies proposed by merging parties (Cisco, Tandberg)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
T-Mobile/Orange and Cisco/Tandberg: Commission accepts complex Phase I remedies* When the Commission’s Remedies Notice was published in 2008, many commentators thought the Notice’s requirements for parties to a concentration to offer an acceptable remedy were too demanding. The concern was that (...)

The Belgian Competition Council grants conditional authorization for an acquisition in the broadband market (Mobistar/KPN Belgium Business)
Leuven University
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
1. Introduction On 25 March 2010, the Belgian Competition Council approved the acquisition of KPN Belgium Business NV, a subsidiary of the Dutch KPN, by Mobistar NV, part of France Télécom. The acquisition concerns on the one hand KPN’s activities on the Belgian wholesale broadband market and on (...)

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)
Van Bael & Bellis (Brussels)
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 (...)

The French Competition Authority clears, under conditions, a merger in the food retail distribution sector in French overseas territories (Hoio / Louis Delhaize)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence authorizes the acquisition of certain companies of the Louis Delhaize distribution group by the Hoio group, subject to the sale of a store in Martinique.* The Autorité de la (...)

The Brussels Court of Appeal partially annuls Competition Council’s decision concerning a merger in the cinema industry (Kinepolis)
Van Bael & Bellis (Brussels)
On 11 March 2010, the Brussels Court of Appeal handed down a judgment which partially annuls a decision of the Competition Council of 1 October 2008 (the “Decision”). In the Decision, the Competition Council partially upheld the conditions it had imposed in 1997 when approving the merger (...)

The EU Commission clears in phase I a merger in the mobile industry accepting complex remedies proposed by merging parties (T-Mobile / Orange)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
T-Mobile/Orange and Cisco/Tandberg: Commission accepts complex Phase I remedies* When the Commission’s Remedies Notice was published in 2008, many commentators thought the Notice’s requirements for parties to a concentration to offer an acceptable remedy were too demanding. The concern was that (...)

The Italian Competition Authority finds the commitments proposed by the parties suitable to ensure the correct implementation of the remedies imposed for the approval of a banks merger (Banca Intesa/San Paolo IMI)
Desogus Law Office (Cagliari)
It seems that the Banca Intesa/San Paolo IMI merger case may finally come to an end. By a recent decision, the Italian Competition Authority (ICA) accepted the remedies offered by the parties to ensure the correct implementation of the obligations they undertook for the regulatory approval of (...)

The US FTC imposes remedies before clearing a merger affecting multiple markets for animal health and pharmaceutical products (Pfizer / Wyeth)
Akin Gump Strauss Hauer & Feld (Dallas)
The FTC entered into a consent agreement with Pfizer Inc. and Wyeth, requiring divestiture of one entity’s U.S. operations in over 20 markets for various animal health and pharmaceutical products. The consent order, established on January 25, 2010, sets forth the divestiture of Wyeth’s U.S. (...)

The European Commission conditionally clears an acquisition in the design, development, manufacture and sale of bio-analytical measurement products (Agilent / Varian)
"Merger: main developments between 1 January and 30 April 2010" On 21 January the Commission cleared the proposed acquisition of Varian Inc by Agilent Technologies Inc, both of the US. The decision is conditional upon the divestment of Agilent‘s entire micro/portable gas chromatography (...)

The French Competition Authority clears, subject to conditions, a merger on the sector of distribution of DIY, decoration and gardening items (Mr Bricolage / Passerelle)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Subject to several conditions, the Autorité de la concurrence authorizes the acquisition of the Passerelle group by Mr Bricolage.* The Autorité de la concurrence has examined the acquisition of the Passerelle (...)

The EU Commission conditionally clears the acquisition of a worldwide producer and seller of chocolate and sugar confectionery products by a US food and beverage company (Kraft / Cadbury)
"Merger: main developments between 1 January and 30 April 2010" The European Commission cleared, on January, the proposed acquisition of Cadbury PLC of the UK by Kraft Foods Inc. of the US. The decision is conditional upon the divestment of Cadbury’s Polish and Romanian chocolate confectionary (...)

The Croatian Competition Authority amends the remedies for the conditionally approved supermarkets merger (Konzum - Lokica)
University of Technology (Tallinn)
On 30 December 2009 the Croatian Competition Authority (AZTN) issued a conditional clearance to an acquisition by Konzum of a number of supermarkets belonged to Lokica, two wholesale and retail distributors with dominant market positions on the wholesale distribution market in Croatia and (...)

The European Commission welcomes the declaration of a telecom operator to take over previous commitment after a merger (Nokia, Bosch, IPCom)
Van Bael & Bellis
Several developments that took place during December 2009 suggest that the issue of standards-setting is one that is currently of renewed interest to the European Commission, and likely to remain that way under the next Commission. On 10 December 2009, the European Commission welcomed the (...)

The French Competition Authority clears, under conditions, a merger in the poultry meat sector (LDC / Arrivé)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Subject to various conditions, the Autorité de la concurrence authorises the acquisition of the Arrivé group by the LDC group.* The Autorité de la concurrence has closely examined the LDC group’s acquisition of (...)

The Portuguese Competition Authority prohibits an acquisition in the airport handling services market and orders share divestiture (GroundForce/TAP)
University College London
The competition authority in Portugal (Autoridade da Concorrência - AdC) decided last November 19, 2009, after investigation, to prohibit the acquisition by TAP - Transportes Aéreos Portugueses, S.A (TAP) of the exclusive control of SPdH - Serviços Portugueses de Handling,S.A. (SPdH), by acquiring (...)

The Hellenic Competition Commission conditionally clears in Phase II a merger in the retail market for petrol and diesel (BP Hellas, Hellenic petroleum)
University of East Anglia - CCP (Norwich)
On 10 July 2009, Hellenic Petroleum notified the Hellenic Competition Commission (HCC) of its intention to purchase a controlling share of BP Hellas SA. The acquisition is said to cost Hellenic Petroleum € 359 M. This acquisition includes the entire network of BP facilities in Greece, including (...)

The EU Commission conditionally approves a merger between two consumers-electronic manufacturers (Panasonic, Sanyo)
European Commission (Brussels)
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European Commission - DG COMP (Brussels)
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European Investment Bank
"Merger Case M.5421 Panasonic/Sanyo – Batteries included or ‘lost in translation’?"* I. Introduction It would be fair to say that consumer electronic products, rather than batteries, are perhaps the first things that come to mind when the names ‘Panasonic‘ and ‘Sanyo‘ are mentioned. Although the (...)

The Chinese MOFCOM conditionally clears major overseas transaction in the pharmaceuticals industry (Pfizer / Wyeth)
WilmerHale (Beijing)
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WilmerHale (Beijing)
China’s Ministry of Commerce (MOFCOM) has just cleared two major overseas transactions, Pfizer’s acquisition of Wyeth in the pharmaceuticals industry and General Motors’ reacquisition of elements of auto parts manufacturer Delphi on September 28 and 29, respectively. Both clearances were subject (...)

The German Bundeskartellamt clears in phase II a merger in the energy sector with remedies and still divides the relevant geographic market for gas supply in regional markets (EnBW-VNG/GESO)
Angermann
The German Bundeskartellamt cleared on August 24th, 2009 in phase II a merger between EnBW and VNG in the energy sector with remedies consisting in the sale of a subsidiary of EnBW (GESO). The Bundeskartellamt defines regional relevant geographic markets in the sector for grid-bounded gas (...)

The Competition Commissioner directs staff to conditionally clear an airline deal (Lufthansa/Austrian Airlines)
Van Bael & Bellis (Brussels)
On 31 July 2009, a press release was published on the European Commission’s website announcing that Competition Commissioner Neelie Kroes has “instructed her services to draft a conditional clearance decision” for the proposed acquisition of Austrian Airlines by Lufthansa. The draft decision will (...)

The Serbian Competition Authority conditionally clears a merger between two major European airlines subject to behavioural remedies (Lufthansa - Austrian Airlines)
University of Technology (Tallinn)
On 17 July 2009 Serbian Competition Authority (Комисија за заштиту конкуренције) (KZK) after an in-depth investigation issued a conditional clearance of the merger uniting two leading European airlines : Lufthansa and Austrian Airlines . At the moment of the application for the merger clearance Lufthansa was already (...)

The Finnish Competition Authority relaxes behavioral remedies imposed in two related merger clearance decisions due to changes in market conditions (Valio)
Roschier (Helsinki)
On 23 June 2009 the Finnish Competition Authority (“FCA”) agreed to relax certain behavioral commitments imposed on Valio Oyj (“Valio”) concerning the pricing of raw milk in two earlier merger clearance decisions (case n° 1151/81/99 and case n° 619/81/04). The FCA’s assessment of the suitability of (...)

The European Commission refines its analysis of relevant markets in the airline sector and accepts slot divestitures with grandfathered rights as remedy (Lufthansa/SN Airholdings)
Van Bael & Bellis
On 22 June 2009, the European Commission approved the acquisition by Deutsche Lufthansa AG («Lufthansa») of SN Airholding SA/NV, the holding company of SN Brussels Airlines («SN Brussels»), subject to commitments. This decision indicates that the Commission is moving towards a more nuanced analysis (...)

The European Commission conditionally approves a merger in the electricity retail markets in Germany (Vattenfall, Nuon)
Agency for the Cooperation of Energy Regulators (ACER) (Slovenia)
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Autorità per l’Energia Elettrica e il Gas
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European Commission - DG COMP (Brussels)
"The Vattenfall / Nuon Energy case — Upholding competition on electricity retail markets in Germany"* I. Introduction The Vattenfall/Nuon case concerned the merger between two energy utilities with activities in both electricity and gas markets. However, the only significant overlaps between (...)

The Brussels Court of Appeal annuls a decision of the Competition Council which lifted a must-offer obligation previously imposed on a TV operator as a merger remedy (Telenet, Canal+)
Corsan
This decision of the Brussels Court of Appeal is the most recent episode in a seemingly never-ending quarrel between Belgacom, the Belgian telecom incumbent, and cable operator Telenet, over the acquisition of the TV broadcasting rights of the Belgian football competition. This contribution is (...)

The French National Competition Authority conditionally clears in Phase I a merger in the banking sector (Groupe Banque Populaire / Groupe Caisse d’Epargne)
University Panthéon-Sorbonne (Paris)
Facing its first newsworthy merger since the Law of Modernization of the Economy came into force, the French National Competition Authority (NCA) cleared in Phase I a merger in the banking sector between Groupe Banque Populaire and Groupe Caisse d’Epargne after having (i) laid down stringent (...)

The French competition authority specifies under which conditions a merger is likely to affect competition in local markets and validates behavioural remedies due to the economic crisis (Caisse d’Epargne and Banque Populaire)
Freshfields Bruckhaus Deringer (Paris)
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Freshfields Bruckhaus Deringer (Paris)
Since it was granted jurisdiction over mergers, the Competition Authority (hereafter “the Authority”) gave its first decision of approval with commitments on June 22, 2009. Even though it was a Phase I decision, the Authority performed a very thorough analysis of the operation’s impact, especially (...)

The Croatian Competition Authority following a Phase II investigation clears a merger of two petroleum companies subject to structural and behavioral remedies (MOL Hungarian Oil and Gas - INA Industrija nafte)
University of Technology (Tallinn)
On 9 June 2009 Croatian Competition Authority (AZTN) issued its conditional approval in relation to the proposed merger of two petroleum companies: MOL Hungarian Oil and Gas Plc. (MOL) and INA Industrija nafte d.d. (INA). MOL was already holding 25% of the INA’s share capital from 2003 and now (...)

The German Federal Cartel Office publishes an interim report on its fuel sector inquiry and takes a tough stance on three petrol station mergers
Freshfields Bruckhaus Deringer (Berlin)
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Freshfields Bruckhaus Deringer
On 2 July 2009, the Federal Cartel Office (FCO) published an interim report on the inquiry it launched in May 2008 on the fuel sector in Germany. The report, published 6 months after the initially planned date, presents the first results of a very thorough market investigation which had already (...)

An Italian administrative Court asks the Constitutional Court whether a legislative measure having conditionally cleared the Alitalia/AirOne merger outside ordinary merger control is in compliance with the Italian Constitution (Federconsumatori)
All the undertakings are equal. It happens in Italy, however, that some undertakings are more equal than others and the State allows them to realise a concentration without subjecting them to ordinary merger control rules. The Italian Constitutional Court (Constitutional Court), in a (...)

The Italian Competition Authority opens a compliance procedure on the implementation of remedies regarding a merger in the banking sector (BancaIntesa/SanPaolo IMI)
Desogus Law Office (Cagliari)
By a decision taken on 14 May 2009, the Italian Competition Authority or ICA has opened an investigation into whether the parties to the BancaIntesa/San Paolo IMI concentration fulfilled the remedies imposed with the conditional authorization of the transaction . The ICA conditional (...)

The Belgian Competition Council refers the case back to the Competition Council’s Prosecutor for further investigation to assess implementation of remedies imposed following a merger in the cinema and theatre market in Belgium (Kinepolis)
Monard Law
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Philippe & Partners (Brussels)
1. The parties UGC Belgium Plc. (“UGC”) is a cinema operator that owns three sites in Belgium. Kinepolis Group Plc. (“Kinepolis”) is the leading Belgian cinema operator with eleven cinema complexes all over the country. In 2008 it held a market share of 43.83 %. Kinepolis was created in 1997 (...)

The Dutch Competition Authority conditionally clears in phase II an hospital merger based on efficiency arguments (Ziekenhuis Walcheren / Oosterscheldeziekenhuizen)
European Commission - DG COMP (Brussels)
Background to the case More than 3.5 years after the first notification of the merger, the Dutch competition authority (NMa) cleared the merger between Ziekenhuis Walcheren and Oosterscheldeziekenhuizen, two hospitals in Zeeland (the Netherlands). The merger process started in September 2005 (...)

The Hungarian Competition Authority conditionally clears a concentration in the construction sector (Cemex Austria, Strabag)
Van Bael & Bellis (Brussels)
In March 2009, the Hungarian Competition Authority conditionally cleared the concentration between Cemex Austria and Strabag, requiring the parties to divest a mixing station in a regional market for ready-mixed concrete where the merged entity would have a market share of more than 90%. (...)

The European Commission conditionally approves an acquisition of a German company active in the construction of turnkey industrial plants by an investment company (IPIC/Man Ferrostah)
"Mergers: main developments between 1 January and 30 April 2009"* On 13 March 2009, under the EU Merger Regulation, the European Commission cleared the proposed acquisition of MAN Ferrostaal of Germany, a general contractor that constructs turnkey industrial plants, by International Petroleum (...)

The German Cartel Office initiates new investigation of a previously cleared acquisition and imposes additional conditions (Werhahn & Nauen)
Van Bael & Bellis (Brussels)
In a recently published decision of 9 March 2009, the German Federal Cartel Office (“FCO”) opened a new investigation and imposed additional conditions on a previously cleared concentration in the asphalt sector. In 2005, the FCO cleared the acquisition by Werhahn & Nauen of several entities (...)

The Italian Antitrust Authority clears with remedies the merger between the two main operators for credit card business (Istituto Centrale delle Banche Popolari Italiane - Cartasì)
Freshfields Bruckhaus Deringer (Rome)
On 27 March 2009, the Italian Antitrust Authority (IAA) conditionally cleared the acquisition of SI Holding (SI), the financial holding company controlling the CartaSì Group, by Istituto Centrale delle Banche Popolari Italiane (ICBPI). Both SI and ICBPI are controlled by Italian banks, which (...)

The French Minister of Economy conditionally clears a merger between the principal actors in the meat sector (Groupe Bigard / Socopa Viandes)
Fieldfisher (London)
On the 17th February 2009 the Minister of Economy, Industry and Employment cleared the acquisition of control of the undertaking ‘Socopa Viandes’ by the ‘Groupe Bigard’ attaching Phase I commitments. Groupe Bigard is the French market leader in the meat sector. Its activities involve the (...)

The German Federal Cartel Office clears a merger subject to structural remedies in the sugar regulated and oligopolistic market (Nordzucker/Danisco)
Gleiss Lutz (Munich)
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Milbank, Tweed, Hadley & McCloy (Munich)
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Gleiss Lutz (Munich)
On 17 February 2009, the German Federal Cartel Office cleared a merger in the sugar sector subject to conditions and obligations. The case concerned the indirect acquisition of the sugar activities of the Danish company Danisco Sugar A/S by the German sugar refinery Nordzucker AG, an (...)

The EU Commission conditionally clears a merger in the food retail industry (Rewe / Meinl)
European Commission - DG TRADE
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European Commission - DG TRADE
"Mergers: Recent developments and important decisions"* In Rewe/Meinl, the Commission had come to the conclusion that the take-over of the fourth largest Austrian foodretail chain by the market leader Rewe/Billa would create a dominant position of the parties on the Austrian food retail market (...)

The Croatian Competition Authority clears following EC standards a merger of wholesale and retail distributors subject to structural and behavioral remedies (Konzum - Lokica)
University of Technology (Tallinn)
Summary The Croatian Competition Authority (Agencija za zaštitu tržišnog natjecanja) (AZTN) cleared subject to remedies the merger between Konzum d.d. and Lokica d.o.o., two wholesale and retail distributors with dominant market positions on the wholesale distribution market in Croatia and retail (...)

The European Commission gives conditional clearance to an acquisition in the electricity sector (EDF / British Energy)
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European Commission - DG COMP (Brussels)
"Mergers: main developments between 1 September and 31 December 2008"* On 22 December conditional clearance was granted to the proposed acquisition of British Energy (BE) by Electricité de France (EdF). The Commission’s decision was conditional upon EdF‘s commitment to divest the power generation (...)

The European Commission gives conditional clearance to an acquisition in the production of generic medicines (Teva/Barr Pharmaceuticals)
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European Commission - DG COMP (Brussels)
"Mergers: main developments between 1 September and 31 December 2008"* On 19 December the Commission gave conditional approval to the proposed acquisition of Barr Pharmaceuticals of the US by Teva Pharmaceutical Industries of Israel. Both companies produce generic medicines. To remedy the (...)

The Dutch Competition Authority clears a joint venture for the rollout and management of an optical fiber network subject to behavioural remedies (Reggefiber)
RBB Economics (The Hague)
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RBB Economics (Brussels)
Introduction On 19 December 2008 the Dutch Competition Authority (Nederlandse Mededingingsautoriteit, hereafter the NMa) authorized a joint venture (JV) by KPN and Reggefiber conditional upon behavioural remedies . The imposed remedies address the focal points of OPTA’s most recent Market (...)

The European Commission approves a merger to nearly monopoly with a questionable theory of harm and novel behavioural remedy (Friesland Foods / Campina)
Warwick Business School
Key Facts Of The Case Campina and Friesland Foods are the two largest dairy cooperatives in the Netherlands. Between them, prior to the merger, they produced 70% to 80% of all the raw milk procured in the Netherlands. In addition the firms processed the milk into fresh milk for drinking as (...)

The Spanish National Competition Authority conditionally clears a merger in the supermarket sector (Supermercados Sabeco/Galerías Primero)
PwC (Madrid)
The operation The operation involved the acquisition of 100% of Galerías Primero by Auchan, through its subsidiary Sabeco. The Auchan group is a French-based multinational company specialising in the operation of retail stores, mainly hypermarkets and supermarkets. In Spain, the main brands of (...)

The Italian Antitrust Authority approves subject to remedies the airlines merger to monopoly take off: the Alitalia privatization saga nears its conclusion (CAI - Alitalia - Airone)
Freshfields Bruckhaus Deringer
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Eversheds Bianchini (Roma)
On 3 December 2008, the Italian Antitrust Authority (IAA) approved the transaction through which Compagnia Aerea Italiana S.p.a. (CAI) will acquire the operating assets of Alitalia Linee Aeree Italiane S.p.a. (Alitalia) as well as sole control over AirOne S.p.A. (AirOne). Alitalia is the (...)

The Finnish Competition Authority grants clearance subject to remedies to the acquisition of a Nordic premium pay-TV operator after extended second phase investigation (TV 4 AB / C More Group)
Roschier (Helsinki)
On 27 November 2007 following a twice extended second phase investigation period, the Finnish Competition Authority (“FCA”) conditionally approved the acquisition of C More Group AB (“CMore”) by TV 4 AB (“TV4”), owned by Bonnier Media Group (“Bonnier”) from the German media group ProSiebenSat1 AG. The (...)

The European Commission clears a merger between Hungarian and Austrian companies both active in the provision of rail freight transport and freight forwarding services (Rail Cargo Austria/MÁV Cargo)
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European Commission - DG COMP (Brussels)
"Mergers: main developments between 1 September and 31 December 2008"* On 25 November the Commission cleared the proposed acquisition of MÁV Cargo of Hungary by the Austrian company Rail Cargo Austria (RCA), both active in the provision of rail freight transport and freight forwarding services. (...)

The Portuguese Competition Authority conditionally clears a merger in Phase II in the pay-TV market (TV Cabo/Bragatel, Pluricanal Leiria, Pluricanal Santarém)
Cuatrecasas, Goncalves Pereira (Lisbon)
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Cuatrecasas, Goncalves Pereira (Lisbon)
On 21 November 2008, the Competition Authority decided not to oppose a concentration in the subscription television market subject to conditions and obligations, whereby CATVP - TV Cabo Portugal, S.A. (“TV Cabo”) acquired sole control over three competitors: Bragatel - Companhia de Televisão por (...)

The Portuguese Competition Authority conditionally clears a merger in Phase I in the pay-TV market (TV Cabo/TVTel)
Cuatrecasas, Goncalves Pereira (Lisbon)
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Cuatrecasas, Goncalves Pereira (Lisbon)
On 21 November 2008, the Competition Authority decided not to oppose a concentration in the subscription television market subject to conditions and obligations, consisting in the acquisition of sole control by CATVP - TV Cabo Portugal over TVTel - Comunicações, S.A.. The transaction caused a (...)

The French Minister of Economics sanctions for the second time companies for a breach of merger remedies (TF1 / AB Groupe)
Freshfields Bruckhaus Deringer (Paris)
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Freshfields Bruckhaus Deringer (Paris)
By a departmental order on August 21, 2007, the Minister, for the first time sanctioned a company with a €100,000 fine for breach of merger remedies subscribed for the realization of the operation of concentration. In just over a year, by a departmental order dated November 17, 2008, the (...)

The EU Commission conditionally clears a merger in the oil and petroleum production (Galp Energia/ExxonMobil Iberia)
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European Commission - DG COMP (Brussels)
"Mergers: main developments between 1 September and 31 December 2008"* On 31 October the Commission cleared, subject to conditions, the proposed acquisition by Galp Energia of Portugal of Esso Portuguesa, Esso Española and part of ExxonMobil Petroleum & Chemical. The Commission found that (...)

The UK Office of Fair Trading decides not to refer a completed acquisition subjected to remedies in the airline industry to the Competition Commission (Air France-KLM / VLM)
Lenstore.co.uk
The operation Air France KLM SA (AF-KLM) is active in the provision of air transportation services (passengers and freight) and also of ground services such as passenger handling. AF-KLM operates 17 routes at London City Airport (LCY). VLM Airlines is a regional airline carrier registered in (...)

The European Commission conditionally approves a merger in the retail fuel sector using customers surveys and econometrics studies in order to assess the likelihood of anticompetitive effects (StatoilHydro, Jet)
KPMG (London)
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E.CA Economics (Berlin)
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European Commission - DG COMP (Brussels)
"Fuel for thought - StatoilHydro/ConocoPhillips (Jet)"* I. Introduction When faced with a proposed merger, antitrust authorities have to assess the likelihood and the magnitude of anticompetitive effects that may occur following the removal of one of the merging parties as an independent (...)

The Danish Competition Council withdraws remedies that it had imposed in 2002 when approving a merger between two member-owned purchasing associations in the building materials market (Dendek / Ditas)
Kromann Reumert (Copenhagen)
In 2002 the Danish Competition Authority approved a merger between two member-owned pur-chasing associations in the building materials market: Dendek and Ditas. Because the merger created a dominant position for the continuing company Ditas, the Competition Council conditioned the approval upon (...)

The European Commission gives conditional clearance to an acquisition in the information and communications services sectors (WPP / TNS)
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European Commission - DG COMP (Brussels)
"Mergers: main developments between 1 September and 31 December 2008"* On 23 September the Commission gave its conditional approval to the proposed acquisition of TNS by WPP, both UK-based groups globally active in the information and communications services sectors. The Commission’s decision (...)

The EU Commission conditionally clears a merger in the production of dry, compressed and liquid baker’s yeast (Associated British Foods / GBI)
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European Commission - DG COMP (Brussels)
"Mergers: main developments between 1 September and 31 December 2008"* On 23 September the Commission cleared the proposed acquisition of certain parts of GBI of the Netherlands by the UK-based company Associated British Foods (ABF), subject to conditions. Both companies produce dry, (...)

The EU Commission conditionally clears a merger in the manufacture of equipment in the food service industry (Manitowoc/Enodis)
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European Commission - DG COMP (Brussels)
"Mergers: main developments between 1 September and 31 December 2008"* On 19 September the Commission cleared the proposed acquisition of Enodis of the UK by Manitowoc of the US. The Commission’s decision is conditional upon the commitment by Manitowoc to divest Enodis‘ entire ice-making (...)

The Jersey Competition Regulation Authority conditionally clears a merger between the main farm machine supply company and the largest potato export firm (Jersey Royal Potato Marketing / E.C. Le Feuvre Agricultural Machinery)
Brown Brothers Harriman (BBH) (Luxembourg)
The operation On 16 September 2008, the Jersey Competition Regulation Authority (“JCRA”) has cleared the acquisition of E.C. Le Feuvre Agricultural Machinery Limited (“E.C. Le Feuvre”) by Jersey Royal potato marketing Limited (“Jersey Royal”). Jersey Royal is the largest grower of potatoes in (...)

The UK Office of Fair Trading (OFT) reviews a merger between two radio broadcasters and required radio station divestments to resolve competition concerns in the East and West Midlands (Global Media / GCap)
Vodafone (Newbury)
The operation Global Radio UK Limited (Global) is a privately-owned UK based commercial radio group with nine local radio stations that operate in London, the Midlands and the North of England. GCap Media plc (GCap) is a public company listed on the London Stock Exchange. It owns a (...)

The German Federal Cartel Office conditionally clears a merger in the market for spin blast cleaning equipment (MEP/DISA)
Humboldt University (Berlin)
The operation On March 2008 the private equity company Mid Europe Partners (MEP) notified the German Federal Cartel Office (FCO) of its intended purchase of all of the shares of DISA Holding II (DISA). MEP is a independent private equity investment firm focused on Central and Eastern Europe, (...)

The Italian watchdog imposes in phase II significant divestitures while clearing a merger in the bank sector (Antonventa/Monte dei Paschi di Siena)
Ughi e Nunziante Studio Legale
On 23 July 2008 the Italian Antitrust Authority (the IAA) published a conditional clearance decision after a second-phase investigation concerning the acquisition by Banca Monte dei Paschi di Siena (MPS) of sole control over Banca Antonveneta (Antonveneta) and its subsidiaries. Before (...)

The European Commission clears, subject to divestiture, an acquisition in the production and distribution of alcoholic beverages (Pernod Ricard/V&S Vin & Sprit)
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European Commission - DG COMP (Brussels)
"Mergers: main developments between 1 May and 31 August 2008"* In July clearance was granted to Pernod Ricard‘s proposed acquisition of the Swedish state-owned company V&S Vin & Sprit (V&S). Pernod Ricard is a publicly quoted French company active in the production and distribution (...)

The French Ministry of Economy clears a merger of companies providing information on horse racing to professionals and the general public, subject to the provision of essential racing data to third parties under transparent and non-discriminatory conditions (PMU/Serendipity/Geny Infos)
Autorité de régulation des activités ferroviaires et routières (ARAFER) (Le Mans)
The operation In a letter of 16 July 2008, the French Minister of Economy, Industry, and Employment (DGCCRF) authorized PMU and Serendipity, an investment company, to jointly acquire full control (each having 50% of the equity and voting rights) over Geny Infos. PMU is an association for (...)

The European Commission conditionally clears a merger in the market for advanced wound care products (Nordic Capital/ConvaTec)
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European Commission - DG COMP (Brussels)
"Mergers: main developments between 1 May and 31 August 2008"* In July the Commission cleared the proposed acquisition of ConvaTec of the US by Nordic Capital of Jersey, the Channel Islands. The Commission’s decision was conditional upon the commitment by Nordic Capital to divest its entire (...)

The EU Commission conditionally clears an acquisition in the bakery ingredients industry (Lesaffre / GBI UK)
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European Commission - DG COMP (Brussels)
"Mergers: main developments between 1 May and 31 August 2008"* In July the Commission gave a conditional go-ahead to the proposed acquisition of GBI UK — GB Ingredients Ltd and BFP Wholesale Ltd engaged in the yeast business and owned by Gilde B.V, by the French yeast manufacturer Compagnie des (...)

The Spanish National Competition Commission clears with behavioural remedies the acquisition of a general hospital (Adeslas / Policlínica San José)
PwC (Madrid)
The operation The operation was Adeslas’ acquisition of all the assets of Policlínica San José. Policlínica San José is a private general hospital located in the city of Vitoria-Gasteiz (in the province of Álava). Prior to the merger, this hospital was owned by the insurance company Mutualia. (...)

The European Commission conditionally clears an acquisition in the chemicals production industry (Hexion/Huntsman)
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European Commission - DG COMP (Brussels)
"Mergers: main developments between 1 May and 31 August 2008"* In July the proposed acquisition of Huntsman Corporation by Hexion Specialty Chemicals Inc. was approved subject to conditions. Both parties to the transaction are US-based chemical manufacturers Hexion, which is owned by the (...)

The German Federal Cartel Office clears the merger of two large retail chains of discount food stores subject to the divestiture of a large number of discount stores (Tengelmann/EDEKA)
Humboldt University (Berlin)
The operation On 28 December 2008, EDEKA and Tengelmann notified the German Federal Cartel Office (FCO) of their intention to merge their food discount chains Netto-Marken Discount (“Netto”) and Plus Warenhandelsgesellschaft mbH (“Plus”). EDEKA is Germany’s largest food retailer and owned the (...)

The European Commission conditionally clears an acquisition in the tobacco industry (British American Tobacco/Skandinavisk Tobakskompagni)
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European Commission - DG COMP (Brussels)
"Mergers: main developments between 1 May and 31 August 2008"* In June conditional approval was given to British American Tobacco’s (BAT) proposed acquisition of the cigarette business together with certain roll-your-own tobacco and ‘snus’ (a type of oral tobacco) interests of the Danish company (...)

The European Commission conditionally clears an acquisition in the market for production and distribution of TV programs, TV satellite and cable broadcasting (News Corp/Premiere)
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European Commission - DG COMP (Brussels)
"Mergers: main developments between 1 May and 31 August 2008"* In June a conditional approval was granted to the proposed acquisition of Germany’s pay-TV operator Premiere AG by News Corporation (News Corp) of the US. The approval was granted subject to commitments which would ensure third (...)

The Portuguese Competition Authority conditionally clears the acquisition of sole control over the rights to exploit hydroelectric power stations (EDP - Gestão da Produção de Energia and EDIA - Empresa de Desenvolvimento e Infra-Estruturas de Alqueva)
Cuatrecasas, Goncalves Pereira (Lisbon)
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Entidade Nacional para o Mercado dos Combustíveis, E.P.E. (Portuguese National Entity for Fuel Market)
On 14 January 2008, EDP notified the Competition Authority (“AdC”) of the acquisition of sole control over the rights held by EDIA to exploit Alqueva and Pedrógão hydroelectric power stations. Through this transaction, EDIA assigned to EDP the rights it had been conferred upon by the Portuguese (...)

The European Commission clears an acquisition in the retail and wholesale markets for everyday consumer goods (Rewe Group/ADEG)
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European Commission - DG COMP (Brussels)
"Mergers: main developments between 1 May and 31 August 2008"* In June the Commission approved the proposed takeover of ADEG of Austria by the German REWE Group, subject to conditions. Both parties were active on the Austrian retail and wholesale markets for everyday consumer goods. The (...)

The Hungarian Competition Office clears with conditions the acquisition of press logistics company by JV of magazine publishers (Ringier Kiadó, Népszabadság, Sanoma Budapest, MédiaLog)
lakatos, koves and partners
Magyar Előfizetői Vagyonkezelő Kft. ("MEV"), a Hungarian JV owned by the Ringier group (including the Hungarian daily Népszabadság) and the Sanoma group, acquired from F-Log AG 51 per cent of the shares of MédiaLog Zrt. ("MédiaLog"), which is one of the two major magazine distributors in Hungary. (...)

The French Minister of Economics conditionally clears a conglomerate merger in the sector of component for rolling shutters aimed at preventing "mixed" bundling and technical tying (Somfy/Zurflüh-Feller)
French Competition Authority (Paris)
The operation In this case, the Minister cleared the acquisition of Somy and Zurflüh-Feller with remedies. Both companies are manufacturing components for shutters, with strong market shares, but small horizontal overlaps, each company being specialised in different components. The market(s) (...)

The European Commission conditionally clears a merger in the paper production sector (Arjowiggins/M-Real Zanders’ Reflex paper mill)
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European Commission - DG COMP (Brussels)
"Mergers: main developments between 1 May and 31 August 2008"* In June the Commission approved the proposed takeover of the Reflex paper production mill in Germany that currently belongs to the Finnish paper manufacturer M-Real, by the French paper manufacturer Arjowiggins, subject to (...)

The Latvian Competition Authority conditionally clears a merger in the sector of construction (A.C.B. SIA/8 CBR AS)
Raidla Lejins & Norcous (Riga)
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Cobalt Legal (Riga)
The operation On 21 December 2007 the Competition Council received a notification of A.C.B. SIA (A.C.B.) and 8 CBR AS (8 CBR) regarding a proposed transaction whereby A.C.B. would acquire the shares of 8 CBR and thus also decisive influence over it. (Section 1) The market(s) The relevant (...)

The Italian Competition Authority fines for the second time € 2.22 M a company for not having complied with remedies imposed in a previous merger proceeding (Parmalat/Eurolat)
Ashurst
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Legance - Studio Legale Associato
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Pirelli
Background By decision of 21 May 2008, the Italian Competition Authority (“ICA”) fined Parmalat S.p.A. (“Parmalat”, one of the major Italian players in the milk and dairy sector) for not having complied with the measures imposed by a previous merger decision. The peculiarity of this case is linked (...)

The Italian Competition Authority conditionally clears a merger between banking groups with both structural and behavioural remedies (Banca Monte Dei Paschi Di Siena/Banca Antonveneta)
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Chiomenti (Rome)
The operation On 7 May 2008, the ICA cleared the merger by which Monte dei Paschi di Siena (MPS) will acquire the whole capital stake of Antonventa with the exception of three undertakings (Interbanca, Interbanca International and Bios Interbanca). The aim of the concentration is to create the (...)