Energy & Mergers

Mergers

The Australian Competition Tribunal grants authorisation to complete acquisition under the proposed conditions on the market for electricity wholesale and retail markets in NSW (AGL / Macquarie Generation)
Australian Competition and Consumer Commission
ACCC disappointed by Tribunal decision authorising AGL to acquire Macquarie Generation* The Australian Competition Tribunal (the Tribunal) has decided to grant conditional authorisation to AGL Energy Limited’s (AGL) proposed acquisition of Macquarie Generation. The Tribunal concluded that the (...)

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 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 Australian Competition and Consumer Commission does not oppose proposed acquisition of fuel division after accepting an undertaking to sell four retail fuel sites (Caltex / Scotts)
Australian Competition and Consumer Commission
ACCC will not oppose proposed acquisition of the fuel division of the Scotts Group by Caltex following divestiture remedy* The Australian Competition and Consumer Commission has announced that it will not oppose the proposed acquisition by Caltex Australia Limited of the fuel division of the (...)

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 Latvian Competition Council concludes a sector inquiry into the market of fuel franchise agreements ( Statoil / Neste / Lukoil)
Competition Council of Latvia
The Competition Council Assessed an Influence of Franchise Agreements to the Competition into the Fuel Market* The Competition Council (CC) of Latvia concluded a sector inquiry into the market of fuel franchise agreements. The aim of the sector inquiry was to obtain the information on (...)

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 Australian Competition Tribunal receives an application for authorisation to acquire the assets of a power station following the opposition decision issued by the ACCC (AGL / Macquarie Energy)
Australian Competition and Consumer Commission
AGL to seek Australian Competition Tribunal decision on Macquarie Generation* The Australian Competition and Consumer Commission acknowledges AGL’s application to the Australian Competition Tribunal which was filed today seeking an authorisation that an acquisition of Macquarie Generation be (...)

The Australian Competition and Consumer Commission opposes the acquisition of two power stations by main electricity retailer (Macquarie Generation / AGL Energy)
Australian Competition and Consumer Commission
ACCC opposes AGL’s proposed acquisition of Macquarie Generation* The Australian Competition and Consumer Commission has today announced that it will oppose the acquisition of the assets of Macquarie Generation by AGL Energy Limited (AGL). The ACCC considers that the proposed acquisition is (...)

The Australian Competition and Consumer Commission commences market consultation on commitments in relation to a proposed acquisition of the business and assets of a energy supplier (AGL Energy / Macquarie Generation)
Australian Competition and Consumer Commission
ACCC to consult market on proposed undertaking from AGL* The Australian Competition and Consumer Commission today commenced market consultation on a proposed undertaking offered by AGL Energy Limited (AGL) in relation to its proposed acquisition of the business and assets of Macquarie (...)

The EU Commission clears the merger proposed by a Russian energy supplier targeting a number of companies established in Germany and Netherlands (Gazprom / Wintershall)
Bird & Bird (Dusseldorf)
Commission Clears Acquisition of German and Dutch Gas Supply and Storage Joint Ventures by Gazprom* Applying the EU Merger Regulation, the European Commission has cleared a proposed acquisition of (i) joint control over WINZ and Wintershall Services of the Netherlands and (ii) sole control (...)

The COMESA Competition Commission announces the lodging of its tenth merger notification involving two supermajor oil companies (Total Egypt / Chevron Egypt)
Primerio
Some COMESA Merger-Control Musings on the Latest Notification* It’s been a little while since we last published a note on COMESA. When there is little substantive news to report, statistics often yield a topic to write about. And so it is with COMESA. The statistic at hand: On Monday, 18. (...)

The Lithuanian Competition Council sends a SOs to an oil company suspected of having implemented a merger without previous notification (Lukoil Baltija)
Lithuanian Competition Authority (Vilnius)
Competition Council closes investigation on possibly unnotified mergers implemented by UAB Lukoil Baltija within the market of fuel retail trade* On November 6, the Competition Council (the Council) sent a Statement of Objections to UAB Lukoil Baltija suspected of having infringed the Law on (...)

The Hungarian Competition Authority clears unconditionally an acquisition on the electricity market (E. ON / Villamos Művek)
Hungarian Competition Authority (Budapest)
The GVH authorised the MVM-E.ON transaction* The Gazdasági Versenyhivatal (GVH - the Hungarian Competition Authority) cleared the acquisition of E.ON Földgáz Trade Zrt. and E.ON Földgáz Storage Zrt. by Magyar Villamos Művek Zrt. The most important field of activity of Magyar Villamos Művek Zrt. (...)

The Namibian Competition Commission prohibits energy merger deal under the new merger control regime (Namox/Puma)
Computer and Communications Industry Association US (CCIA)
On 22 July 2013, the Competition Commission of Namibia prohibited the acquisition of Puma Pty Ltd’s Liquified Petroleum Gas (LPG) by Namox Pty Ltd for two main reasons: (i) the merger would have increased the concentration and consolidated the dominant position of the merged entity in the market (...)

The Turkish Competition Board clears a joint venture in the natural gas market (Akpol / Gazprombank)
Kinstellar (Istanbul)
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Kinstellar
A. Introduction On 18 July 2013, the Turkish Competition Board (“Board”) issued its reasoned decision on the formation of a joint venture in Turkey by (i) Akpol İnşaat Mühendislik Proje ve Ticaret A.Ş. (“Akpol”) and (ii) Prima Energy Trading LLC (“Prima”), which is a wholly-owned subsidiary of (...)

The UK Office of Fair Trading concludes that asset acquisition in administration on proceedings does not qualify for merger investigation (Shell UK / Greenergy / Vopak Holding)
Herbert Smith Freehills (London)
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Herbert Smith Freehills
On 6 June 2013 the Office of Fair Trading (OFT) published its decision on the completed acquisition of certain assets of Petroplus Refining and Marketing Limited (PRML). The asset sale was conducted in the course of administration proceedings, the underlying business having ceased trading. (...)

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 Lithuanian Competition Authority fines petrol stations operator for infringement of merger control rules (Lukoil)
Valiunas Ellex (Vilnius)
The Competition Council of the Republic of Lithuania (the ’Council’) imposed a fine of approximately EUR 340 000 on UAB Lukoil Baltija (Lukoil), a petrol stations operator, for the failure to duly notify the Council of two notifiable concentrations and for the implementation thereof without the (...)

The Italian Competition Authority applies the bidding markets analysis to block a merger in the market for the gas distribution services (Italgas and Acegas-APS/Isontina Reti Gas)
Desogus Law Office (Cagliari)
By a decision made on 17 April 2013 the Italian Competition Authority (ICA) has prohibited the Italgas and Acegas-APS acquisition of the joint control of Isontina Reti Gas (IRG). The ICA believed that the notified transaction would strengthen the dominant position of Italgas and Acegas-APS in (...)

The Czech Supreme Administrative Court cancels the decision of the Regional Court which has refused a producer of lignite access to the file of a competitor in a merger control case (Litvínovská Uhelná)
Kinstellar (Prague)
Subject matter of the case On 3 August 2008, Litvínovská uhelná a.s. (“Litvínovská uhelná”), a producer of lignite and at that time a part of the Czech Coal Group (one of the major players in the Czech energy sector) filed a complaint to the Czech Office for Protection of Competition (the “Office”) (...)

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 EU General Court upholds fine imposed on energy corporation for failing to notify a transaction highlighting the importance of compliance with EU merger control filing requirements (Electrabel)
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
1. Introduction On 12 December 2012 the EU General Court dismissed Electrabel’s appeal against the €20 million fine the European Commission had imposed on it for failing to notify a transaction - the acquisition of a minority shareholding - to the Commission under the EU Merger Regulation (...)

The EU Court of Justice restricts access to Commission file in merger cases (Éditions Odile Jacob / Lagardère / Natexis VUP and Agrofert / PKN Orlen / Unipetrol)
Van Bael & Bellis (Brussels)
On 28 June 2012, the European Court of Justice handed down two judgments on appeals by the European Commission in cases concerning the disclosure to third parties of documents relating to proceedings under the EU Merger Regulation. The first case concerns the Commission’s refusal to (...)

The Hungarian Competition Office clears the acquisition of the prospective owner and operator of the gas interconnector between Slovakia and Hungary by two state owned companies (Magyar Villamos Művek / MFB Invest Befektetési és Vagyonkezelő / Magyar Gáz Tranzit)
Philip Morris
The Hungarian Competition Office (“HCO”) has approved the acquisition of joint control by Magyar Villamos Művek Zrt. (“MVM”), MFB Invest Befektetési és Vagyonkezelő Zrt. (“MFB Invest”) over Magyar Gáz Tranzit Zrt. (“MGT”), the prospective owner and operator of the gas interconnector between Slovakia and (...)

The French Competition Authority clears, subject to conditions, a merger in the electricity and gas supply markets (Electricité de Strasbourg / Enerest)
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 Enerest by Electricité de Strasbourg (EDF Group)*. Electricité de Strasbourg, a company owned 88.82% by EDF, is a local (...)

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 (Beijing)
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 European Commission unconditionally clears an acquisition in the genset sector (Caterpillar/MWM)
Herbert Smith Freehills (Paris)
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White & Case (Paris)
This case provides a further example of unconditional approval being granted by the Commission at the end of an in-depth Phase II (see also UPM/Myllukoski and Rhein Papier of 13 July 2011, case no. COMP/M. 6101; Seagate/Samsung hard disk reader business of 19 October 2011, case no.COMP/M.6214; (...)

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 Croatian Competition Authority refuses to revise its two-year old conditional clearance of the merger of two petroleum companies (MOL/INA)
University of Technology (Tallinn)
On 19 July 2011 the Croatian Competition Authority (AZTN) refused to revise its conditional clearance of MOL/INA concentration whereby the Hungarian petroleum company acquired the controlling interest in the Croatia’s national petroleum company. The revision of the initial clearance was (...)

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 German competition authority presents the final results of its inquiry into the fuel sector (Oligopoly of oil companies)
European Commission
Germany: Results of Sector Inquiry into the Fuel Sector* On 26 May 2011, the Bundeskartellamt (BKartA) presented the final results of its inquiry into the fuel sector. The BKartA started the sector inquiry in May 2008 since it suspected competition problems in this sector. Previously, the (...)

The Bosnian & Herzegovinan Competition Authority confirms that transfer of assets falls under definition of the “acquisition of control” under the national Merger Regulation and increases the level of fines for the failure to notify (Optima Grupa)
University of Technology (Tallinn)
On 7 April 2011 the Bosnian & Herzegovinan Competition Authority (KV) fined the petroleum company OPTIMA Grupa d.o.o. (OPTIMA) for the failure to notify a concentration, which took the form of asset acquisition. The KV has thus reaffirmed that acquisition of assets falls under definition of (...)

The US DoJ requires minor conduct remedies before approving a vertical merger affecting the market for petroleum needle coke (GrafTech / Seadrift)
McDermott Will & Emery (Washington)
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McDermott Will & Emery
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McDermott Will & Emery (Washington)
McDermott Will & Emery lawyers succeeded in obtaining the necessary antitrust approval for clients Seadrift Coke L.P. (Seadrift), the world’s second largest petroleum-based needle coke producer, and C/G Electrodes LLC (C/G), a U.S.-based graphite electrode producer, which have been acquired (...)

The US Federal Energy Regulatory Commission (FERC) issues a notice of inquiry on potential changes to its merger review standards
O’Melveny & Myers (Washington)
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Bracewell & Giuliani (New York)
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North American Electric Reliability Corporation
On March 17, 2011, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Inquiry (“NOI”), [1] seeking comment on whether it should revise its approach to examining horizontal market power under Sections 203 and 205 of the Federal Power Act (“FPA”). FERC analyzes horizontal market power (...)

The Turkish Competition Authority examines the privatisation of three electricity distribution companies (AYEDAS-Akdeniz Elektrik-Toroslar Elektrik)
King’s College (London)
The Turkish Competition Authority (TCA) reviewed the privatisation of three electricity distribution companies (namely, AYEDAS, Akdeniz Elektrik and Toroslar Elektrik) where 100% of the shares in each company were offered in a block sale. Pursuant to the official privatisation schedule, (...)

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 Polish Competition Authority prohibits a merger in the energy sector (PGE and Energa)
Greenberg Traurig Grzesiak (Warsaw)
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Hogan Lovells (Warsaw)
Polska Grupa Energetyczna S. A. ("PGE") and Energa S. A. ("Energa") are state owned companies producing, distributing and trading electric energy. In September 2010, PGE concluded an agreement with the Ministry of Treasury concerning the purchase of 84,19% of Energa’s shares. On 20 October 2010, (...)

The Hungarian Competition Office decides about negative sole control and the calculation of turnover of groups of undertakings (GDF Suez / Proenergy)
Philip Morris
I. Background In this merger control matter the Hungarian Competition Authority (HCO) had to consider whether an additional acquisition of shares by a 40% shareholder qualifies as a change of control in the target company and thus requires notification the HCO. Under the share purchase (...)

The Düsseldorf Court of Appeals annuls the decision by the German Federal Cartel Office which prohibited a petrol distributor acquiring 59 petrol stations (Total / OMV)
Fried Frank Harris Shriver & Jacobson (London)
I. Introduction On August 4, 2010, the Düsseldorf Court of Appeals (the Court) annulled the decision by the German Federal Cartel Office (FCO) which prohibited Total Deutschland GmbH (Total) acquiring 59 petrol stations from OMV Deutschland GmbH (OMV). This judgment is a setback for the FCO, (...)

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 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 refers to the Hellenic Competition Authority the examination of a proposed acquisition in the oil sector (Motor Oil (Hellas) Corinth Refineries/Shell Overseas Holdings)
"Merger: main developments between 1 January and 30 April 2010" The Commission has referred to the Hellenic Competition Authority the examination of the proposed acquisition of Shell’s oil sector activities in Greece by Motor Oil of Greece, on 15 March. The transaction includes the creation of (...)

The Slovak Council of the Competition Authority clarifies the conditions for notification of an intention of a concentration (CEZ/Lumius)
BPV Braun Partners
An amendment to the Slovak Competition Act, which entered into force with effect from 1 June 2009, introduced the possibility of a pre-signing merger notification. From now on, mergers can also be notified before a legally binding transaction document has been signed, e.g. on the basis of a (...)

The European Commission approves subject to remedies acquisition in the Belgian electricity market (EDF, Segebel)
European Commission - DG COMP
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CRA International (Brussels)
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European Commission - DG COMP
"EDF/Segebel (SPE) - More power to boost competition in Belgian energy markets"* I. Introduction In September 2009, the Commission received a notification of a proposed concentration whereby Electricité de France («EDF») would acquire from Centrica, a UK energy company, a 100% stake in Segebel (...)

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 Austrian Competition Authority conditionally clears joint venture between oil companies (BP, Shell, OMV)
Van Bael & Bellis (Brussels)
According to a recent press release, the Austrian Competition Authority has conditionally cleared a proposed joint venture between oil companies BP, Shell and OMV. The joint venture provides refuelling services at Salzburg airport, but does not itself sell fuel (this is done separately by the (...)

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 Canadian Competition Bureau negotiates consent agreement in a merger in the solid hazardous waste disposal market (Clean Harbors/Eveready)
Canadian International Joint Commission
Introduction Canada’s Competition Bureau (“Bureau”), an independent enforcement agency that protects and promotes competition, reached agreement with Clean Harbors, Inc. (“Clean Harbors”) on 27 July 2009 on its proposed acquisition of Eveready, Inc. (“Eveready”) by requiring the company to divest (...)

The European Commission conditionally approves a merger between German and Dutch electricity undertakings (RWE / Essent)
European Commission - DG COMP
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European Commission - DG COMP
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Directions régionales des entreprises, de la concurrence, de la consommation, du travail et de l’emploi (Direccte)
"RWE/Essent: On the Borderline"* I. Introduction On 29 April 2009, the Commission was notified by RWE Aktiengesellschaft (“RWE”) of its intent to acquire sole control of ESSENT N.V. (“Essent”) by way of a private offer. The Commission’s investigation revealed that the proposed transaction would (...)

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
"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 EU Commission imposes a fine of € 20 M on electricity producer and retailer for acquiring control of a French electricity producer, without having received prior approval under the EU Merger Regulation (Electrabel / Compagnie Nationale du Rhône)
"Mergers: main developments between 1 May and 31 August 2009"* The Commission imposed a fine of 20 million euros on Electrabel, an electricity producer and retailer belonging to the Suez Group (now GDF Suez) for acquiring control of Compagnie Nationale du Rhône (CNR), a French electricity (...)

The EU Commission fines Belgian electricity undertaking for infringing the standstill obligation under Merger proceedings (Electrabel / CNR)
New Horizon Partners
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European Commission - DG COMP
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European Commission - DG COMP
"Electrabel/CNR: the importance of the standstill obligation in merger proceedings"* On 26 March 2008, Electrabel SA (“Electrabel”), a Belgian electricity company which is part of the French group, Suez (now GDF Suez), notified to the Commission a concentration consisting in the acquisition of (...)

The EU Commission imposes a twenty million euros fine against Belgian electricity supplier for failure to notify a merger (Electrabel / CNR)
Linklaters (Hong Kong)
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Cadwalader Wickersham & Taft (Brussels)
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Bird & Bird (Brussels)
On 10 June 2009, the European Commission (EC) imposed a fine of € 20 M on Belgian electricity supplier Electrabel for implementing a merger without seeking its prior approval, in breach of the EC Merger Regulation (ECMR). This decision merits attention not only because it is one of only a (...)

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 (...)

The German Competition Authority unconditionally clears an acquisition in the energy sector (RWE Energy, Exxon Mobile)
Van Bael & Bellis (Brussels)
On 8 May 2009, the FCO unconditionally cleared the acquisition by RWE Energy of all district heating activities of Exxon Mobile in Germany, among other reasons, because the local district heating markets had a turnover below the de minimis market threshold of euros 15 million. The FCO left open (...)

The German Competition Authority prohibits acquisition of petrol stations by a French oil company (Total / OMV)
Van Bael & Bellis (Brussels)
According to a press release of 29 April 2009, the German Federal Cartel Office (FCO) prohibited the proposed acquisition by Total, which owns the fourth largest petrol station network in Germany, of 59 petrol stations in Eastern Germany owned by OMV Deutschland GmbH. In the FCO’s view, the (...)

The European Commission gives conditional clearance to an acquisition in the electricity sector (EDF / British Energy)
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European Commission - DG COMP
"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 Austrian Supreme Court rules that the sale of shares to the remaining jointly controlling shareholders constitutes a concentration (RAG - Shell)
Reidlinger Schatzmann Rechtsanwälte
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Bpv Hügel (Vienna)
1. Facts and decision at first instance This case involves a change in the shareholder structure of RAG, Austria’s second largest oil and gas company. Before the concentration, the shares in RAG were held by two holding companies. One holding company, which held 75% in RAG’s shares, was jointly (...)

The German Federal Court of Justice confirms the prohibition of an energy merger considering that the German market for primary sales of electricity is dominated by a duopoly (E.ON / Stadtwerke Eschwege)
Freshfields Bruckhaus Deringer (Berlin)
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Freshfields Bruckhaus Deringer
In a judgment of 11 November 2008, the German Federal Court of Justice (Bundesgerichtshof) (Federal Court) upheld a previous decision of the Higher Regional Court of Düsseldorf (Higher Regional Court) which had itself confirmed a decision of the Federal Cartel Office (FCO) blocking E.ON’s plan to (...)

The German Federal Court of Justice confirms the prohibition of a merger in the electricity market (E.ON / Stadtwerke Eschwege)
University of East Anglia - CCP (Norwich)
The German electricity market is dominated by four vertically integrated firms: E.ON, RWE, Vattenfalland EnBW exclusively able to cover both base load and peak load demand. Regional and local retailers, often municipality owned (Stadtwerke), sell electricity to final customers or other local (...)

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
"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 European Commission approves, subject to divestiture, the acquisition of a network of jet fuel stations in Scandinavia by Norwegian Company (Statoil Hydro/ConocoPhillips)
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European Commission - DG COMP
"Mergers: main developments between 1 September and 31 December 2008"* On 21 October the Commission gave its approval to the proposed acquisition of ConocoPhillips’ network of Jet fuel stations in Scandinavia by StatoilHydro of Norway following an in-depth investigation opened in May 2008. To (...)

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
"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 Portuguese Competition Authority announces the withdrawal of a merger notification in phase II in the market of refining, transport, distribution, marketing, exploitation and search activities of crude oil and its derivatives and natural gas (Petrogal/Fuel Stations)
Cuatrecasas, Goncalves Pereira (Lisbon)
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Gleiss Lutz (Stuttgart)
On 16 January 2009, the Portuguese Competition Autority (Autoridade da Concorrência : “AdC”), pursuant to Article 112 (1) of the Code of Administrative Procedure, announced the lapsing of the notification proceedings regarding the acquisition, by the undertaking Petróleos de Portugal - Petrogal, (...)

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 gives Spain one month to withdraw conditions imposed on a merger unconditionally approved by the Commission (Endesa/Enel/Acciona)
Van Bael & Bellis (Brussels)
On 15 May 2008, the European Commission announced that it has formally asked Spain to withdraw, within one month, the conditions that were imposed by the Spanish National Energy Commission (CNE) and the Spanish Minister of Industry and Tourism on the Enel/Acciona/Endesatransaction, in spite of (...)

The Finnish Market Court overrules the NCA’s conditional merger clearance in the electricity sector after completion of the transaction subject to conditions (Fortum Power-Heat/E.ON Finland Oy)
Roschier (Helsinki)
In June 2006, the FCA cleared Fortum Power and Heat Oy’s (“Fortum”) acquisition of E.ON Finland Oy (“E.ON”) subject to certain structural and behavioral conditions. The requirement of conditions by the FCA was materially based on the view of the FCA that the market for the production and wholesale (...)

The European Court of Justice rules on the application of Article 21 of the Merger Regulation (E.ON, Endesa)
European Commission - DG COMP
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European Commission - DG COMP
"Application of Article 21 of the Merger Regulation in the E.ON/Endesa case"* On 21 February 2006, the German company E.ON publicly announced its intention to launch a bid for the entire share capital of the Spanish energy company Endesa. This bid was competing with a hostile bid made by Gas (...)

The Russian Competition Authority clears a merger in the electric sector subject to remedies, including divestiture of a power plan (Volzhskaya TGK/KES-Holding)
Clifford Chance (Moscow)
The operation The investment holding company OOO "KES-Holding" (¡°Acquirer¡±) applied for clearance of its proposed acquisition of the entire voting capital of the electricity and heat power supplier OAO "Volzhskaya TGK" (¡°Target¡±). The market The transaction related to the supply of electric (...)

The European Commission conditionally clears an acquisition in the wholesale distribution of electrical products and installation material (Rexel/Hagemeyer)
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European Commission - DG COMP
"Mergers: main developments between 1 January and 30 April 2008"* On 22 February the Commission adopted a conditional clearance decision in relation to Rexel‘s proposed acquisition of the Dutch company Hagemeyer‘s subsidiaries in several EEA countries and in Russia. Hagemeyer and Rexel are (...)

The Norwegian Competition Authority authorizes a merger in petrol retailing, subject to divestments in two areas (Norske Shell/YX Energi)
Ernst & Young
The operation On 27 August 2007, AS Norske Shell acquired the exclusive right to retail petrol from the 92 petrol stations in Norway owned by YX Energi Norge (“YX”). YX will continue to own the stations, from which it will also continue to sell groceries and consumer convenience products. (...)

The European Commission initiates infringement proceedings against Spain for not lifting conditions imposed on a transaction approved by the Commission (Enel/Acciona/Endesa)
Van Bael & Bellis (Brussels)
On 31 January 2008, the European Commission announced that it has initiated infringement proceedings under Article 226 EC against Spain for failing to lift restrictions imposed by the Spanish National Energy Commission (CNE) on the Enel/Acciona/Endesatransaction. The acquisition by Enel and (...)

The German Bundeskartellamt clears a merger in the gas supply market subject to the divestiture of minority stakes in two energy supply companies (E.ON Avacon/WEVG)
Baker McKenzie (Dusseldorf)
The operation On 25 September 2007, E.ON Energie AG (“E.ON Energie”) on behalf of E.ON Avacon AG (“E.ON Avacon”) notified the Bundeskartellamt of its intention to increase its stake in the equity capital of WEVG Wasser- und Energieversorgungsgesellschaft mbH Salzgitter (“WEVG”) from 10% to 50.2%. (...)

The European Commission declares part of conditions imposed by Spain energy regulator on a proposed acquisition in the energy sector incompatible with EU law and requires their withdrawal (Enel/Acciona/Endesa)
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European Commission - DG COMP
"Mergers: Main developments between 1 September and 31 December 2007"* The acquisition of joint control of Endesa by Enel and Acciona was notified to the Commission on 31 May and cleared on 5 July. Under the relevant national law, Enel and Acciona requested the Spanish energy regulator (...)

The Portuguese Competition Authority clears a merger in the food and fuel retail distribution markets with remedies, including limitation and reduction of sale areas and not to apply for new licences (Sonae/Carrefour)
PLMJ (Lisboa)
The operation Sonae Distribuição (Sonae) is a sub-holding of the Sonae Group which operates in food and non-food retail markets. Carrefour Portugal (Carrefour) is a company of the Carrefour Group which operates in food retail markets. Sonae proposed acquiring 99,8648% of Carrefour issued share (...)

The German Bundeskartellamt clears two downstream acquisitions of shares in the energy market subject to the divestiture of a minority stake (RWE/SWKN)
Baker McKenzie (Dusseldorf)
The operation On 30 July 2007 RWE AG (“RWE”) on behalf of RWE Rhein-Ruhr AG (“RWE Rhein-Ruhr”) notified the Bundeskartellamt of two proposed transactions. The first, was for RWE Rhein-Ruhr to acquire a stake of 25% in Stadtwerke Krefeld Neuss AG & Co. KG (“SWKN”). The second transaction was (...)

The Portuguese Competition Authority clears a merger in the fuel retail market, amongst others, with remedies, including the cancellation of exclusivity clauses (Bencom/Carrefour)
PLMJ (Lisboa)
The operation The operation consists in the acquisition of sole control of the company NSL - Nicolau Sousa Lima, SGPS, S.A. (NSL) by the Bensaude Group, through the company Bencom - Armazenamento e Comércio de Combustíveis S.A. (“Bencom”) (para. 1.1). The markets According to the PCA’s (...)

The Portuguese Competition Authority approves a merger in the fuel sector subject, inter alia, to termination of exclusivity clause (Bensaude/Nicolau Sousa Lima Group)
Uria Menéndez (Lisbon)
On 23 October 2007, the Portuguese Competition Authority (the “AdC”) adopted a merger control decision according to Law 18/2003 of 11 June (the Portuguese Competition Act), providing clearance to the envisaged acquisition of sole control over the company NSL - Nicolau Sousa Lima, SGPS, S.A. (the (...)

The German Federal Cartel Office clears a merger setting up a joint electronic platform for trade in secondary gas transport capacities, making further efforts to establish competitive structures in the energy sector (Trac-x)
Gleiss Lutz (Munich)
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Milbank, Tweed, Hadley & McCloy (Munich)
On 12 October 2007, the German Federal Cartel Office cleared a merger in the energy sector. The German companies Thyssengas GmbH (Thyssengas), E.ON Gastransport AG & Co. KG (EGT) and EWE AG (EWE) planned to acquire shares in trac-x Transport Capacity Exchange GmbH (Trac-x), the provider of (...)

The Latvian Competition Council clears two mergers in the petrol and diesel retail market after a detailed assesment of relevant geographical market and dominance issues (Lukoil, Baltija-Grima, OS ipasumi)
Raidla Lejins & Norcous (Riga)
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Raidla Lejins & Norcous (Riga)
On 14 September 2007 the Latvian Competition Council (“Competition Council”) adopted two decisions in cases n° 1467/07/05/19 and 1468/07/05/20 clearing the mergers between SIA Lukoil Baltija R (“Lukoil”) and SIA Grima (“Grima”), and between Lukoil and SIA OS ipasumi (“OS ipasumi”). The filings (...)

A German regional Court upholds the NCA’s decision blocking an energy merger (E.ON / Stadtwerke Eschwege)
Freshfields Bruckhaus Deringer (Berlin)
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Freshfields Bruckhaus Deringer
A recent blocking decision against a merger between RWE and SaarFerngas (See Dr. Frank Röhling, Bertrand Guerin, The German Federal Cartel Office prohibits further merger of a dominant player in the electricity and gas sector (RWE/SaarFerngas), e-Competitions, July 2007-I, a Court decision (...)

The German Federal Cartel Office prohibits further merger of a dominant player in the electricity and gas sector in spite of proposed remedies (RWE/SaarFerngas)
Freshfields Bruckhaus Deringer (Berlin)
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Freshfields Bruckhaus Deringer
A recent blocking decision against a merger between RWE and SaarFerngas, a Court decision upholding a blocking decision against E.ON (See Dr. Frank Röhling, Bertrand Guerin, The Düsseldorf Higher Regional Court upholds a Bundeskartellamt decision blocking an energy merger (E.ON/ Stadtwerke (...)

The Greek Competition Commission authorizes a horizontal merger between two companies active in the production of electric power (Iberdrola Energias Renovables / H. Rokas)
European Investment Bank
The case concerns the authorization by the Greek Competition Commission (GCC) of a horizontal merger by way of acquisition within the scope of Article 4b of the Law 703/77 with regard to prior notification of concentrations. I. FACTUAL BACKROUND 1. General In December 2004 Iberdrola S.A. (...)

The European Commission conditionally clears a merger in the uninterruptible power supply (UPS) devices (Schneider Electric/APC)
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European Commission - DG COMP
"Merger control: Main developments between 1 January and 30 April 2007"* On 8 February the Commission approved the proposed acquisition of American Power Conversion Corporation (APC) by the French group Schneider Electric. Both parties to the transaction were major suppliers of a broad range (...)

The European Commission conditionally approves a merger in the electrical equipment sector leading to a creation of a dominant position by accepting structural remedies offered by the parties (Schneider/APC)
AdVolis (Brussels)
"Schneider/APC: a textbook first-phase case with creation of dominant position and structural remedies"* On December 12, 2006, the French company Schneider notified its proposed acquisition of the US-based company American Power Conversion (APC) to the Commission. The main overlap in the (...)

The Swiss Federal Court confirms the quashing of two merger clearance Competition Commission’s decisions by applying a strict substantive test for merger control (Swissgrid, Berner Zeitung)
Këllezi Legal (Geneva)
The Swiss Federal Court has dismissed two Competition Commission’s appeals relating to merger control (decision of February 13, 2007 (Swissgrid), and of February 22, 2007 (Berner Zeitung). The Swiss Federal Court rulings build a strict standard for merger control in Switzerland by stating the (...)

The Latvian Competition Council clears a merger confirming a dominant position in the power supply market (Vattenfall Latvia/Fortum Holding)
Klavins Ellex (Latvia)
I. Introduction On 31 January 2007, Latvian Competition Council adopted a decision allowing a merger resulting from a sale of 100% SIA “Vattenfall Latvia” (Vattenfall Latvia) shares to Fortum Holding B. V. (Fortum) by Vattenfall AB. The Council concluded that as a result of the merger a company (...)

The Turkish Competition Board clears without remedies an acquisition in the fuel sector (Total/CEPSA)
Mey
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Balcıoğlu Selçuk Akman Keki (BASEAK)
In October 2006, Total S.A. (“Total”) applied for the approval of the Competition Board (the “Board”) to acquire 4.35% shares that Banco Santander Central Hispano S.A. (“BSCH”) holds in Compania Española de Petroleos S.A. (“Cepsa”). Total already holding a total of 44.48% direct and indirect shares in (...)

The Icelandic Competition Authority clears a joint venture in the retail electricity market subject to remedies, including the divestiture of a strategic stake (Landsvirkjun / Orkusalan)
PwC
The operation On 22 August 2006 the ICA was notified that Orkusalan had been founded by RARIK (36%), Orkubú Vestfjarda (OV) (36%) and Landsvirkjun (28%). The purpose of the new company was to buy, sell and produce electricity and manage real estate and connected businesses. (para. 2) (...)

The Latvian Competition Council clears an acquisition in the gasoline and diesel fuel retail market subject to divestiture (Neste)
Raidla Lejins & Norcous (Riga)
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Cobalt Legal (Riga)
The operation On 2 August 2006 the Latvian Competition Council received a merger notification from Neste Latvija SIA (Neste), where Neste informs the Competition Council of its intention to lease seven fuel stations from Alco SIA. (Preamble Paragraph 1) The market(s) The relevant product (...)

The Dutch Trade and Industry Appeals Tribunal upholds the Rotterdam court’s cancellation of the Dutch NCA conditional clearance of a merger in the energy sector (Reliant/Nuon)
De Brauw Blackstone Westbroeck (Amsterdam)
The acquisition by Nuon of Reliant was originally cleared by the NMa in December 2003 after a phase II investigation. The activities of Nuon and Reliant mainly overlap in regard of the production and wholesale of electricity. The NMa defined the relevant market as the market for the production (...)

The Dutch Trade and Industry Appeals Tribunal confirms the annulation of the Dutch Competition Authority’s merger decision having imposed electricity auction as remedy on the wholesale electricity market (Nuon/Reliant)
Covington & Burling (Brussels)
Introduction In its judgment of 28 November 2006 the Trade and Industry Appeals Tribunal (“Tribunal”) dismissed the appeal lodged by the Dutch Competition Authority (“NMa”) in the Nuon/Reliant merger case. The case started in 2003 following the imposition of structural remedies with a phase II (...)

The European Commission approves a merger between two undertakings operating in the gas sector, electricity generation and retail, and in energy services keeping energy markets in Belgium and France open and contestable through far-reaching remedies (Gaz de France, Suez)
European Commission - DG CNECT
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European Commission - DG COMP
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Directions régionales des entreprises, de la concurrence, de la consommation, du travail et de l’emploi (Direccte)
"Gaz de France/Suez: Keeping energy markets in Belgium and France open and contestable through far-reaching remedies"* I. Introduction Following an in-depth investigation, the Commission approved under the EU Merger Regulation the merger between Gaz de France (‘GDF‘) and the Suez Group on 14 (...)

The Finnish Supreme Administrative Court rules that conditions on merger clearance must be implemented notwithstanding an appeal (Fortum Power and Heat/E.ON Finland)
Roschier (Helsinki)
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Roschier (Helsinki)
The Finnish Market Court is awaited to hand down its decision regarding the appeal lodged by Fortum Power and Heat Oy (hereinafter “Fortum”), a subsidiary of Fortum Oyj, against the conditions imposed by the Finnish Competition Authority (hereinafter the “FCA”) on the clearance of the acquisition (...)

The French Minister of Economy grants clearance to a merger in the measurement and billing of energy sector, subject to divestiture and granting of software and brand licenses (Ista/Celliande)
Darrois Villey Maillot Brochier
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Viguié Schmidt & Associés (Paris)
In its decision dated 28 September 2006, the French Minister of Economy granted a conditional clearance of the acquisition of all of shares of the French company Celliande by Ista International GmbH (hereinafter “Ista Group”). The Minister required that the acquirer divest its own company as a (...)

The European Commission conditionally clears a merger in the nuclear sector (Toshiba/Westinghouse /BNFL)
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European Commission - DG COMP
"Mergers — Main developments between 1 September and 31 December 2006"* In September the Commission cleared a proposed acquisition by the Japanese conglomerate Toshiba of Westinghouse Electric UK and the BNFL USA Group, both active in the nuclear sector. As well as being a worldwide supplier (...)

The Spanish Government is compelled to modify the divestitures conditions imposed by its Energy Regulator to clear a merger in the electricity sector following a decision from the EC Commission (E.ON/Endesa)
Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
On 26 September 2006 the European Commission (Commission) ruled against the decision of the Spanish energy regulator (Comisión Nacional de la Energía or CNE) granting clearance to E.ON’s takeover bid for Endesa subject to a number of conditions, on the grounds of a breach of Article 21 of Council (...)

The EU Commission conditionally clears a merger between companies both active in industrial and specialty gases including helium (Linde / BOC)
European Commission - DG COMP
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European Commission
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European Commission - DG COMP
"Linde/BOC: Concentration in the industries of industrial gases, specialty gases and helium"* On 6 June 2006, the European Commission approved, subject to conditions, the acquisition by Linde AG (“Linde”) of The BOC group (“BOC”). Both companies are active in industrial and specialty gases (...)

The Finnish Competition Authority clears a merger in the electricity market subject to divestitures and supply of virtual capacities (E.ON Finland/Fortum)
Fujitsu (Helsinki)
In its decision of June 22nd, 2006, the Finnish Competition Authority (the “FCA”) cleared the acquisition of control of E.ON Finland Oyj (“E.ON Finland” ), a member of the international E.ON AG Group, by Fortum Power and Heat Oy, a subsidiary of the Finland-based energy company Fortum Oyj (...)

The Swiss Competition Appeals Commission annuls the Competition Authority’s decision having cleared a joint venture between 7 electricity companies conditionaly to free and non-discriminatory access to the network and prohibition of joint selling or producing (Swissgrid)
NERA (Berlin)
The operation On 7 March 2005, the Swiss Competition Commission (WEKO) cleared a joint venture between seven electricity companies for the transmission of electricity (Swissgrid AG). The seven companies are Aare-Tessin AG, BKW FMB Energie AG, Centralschweizerische Kraftwerke, (...)

The UK Office of Fair Trading clears a merger in the offshore drilling services sector, subject to divestments (Transocean/GlobalSantaFe)
Eli Lilly and Company (London)
The operation Transocean Inc. is the leading worldwide provider of offshore contract drilling services to the oil and gas industry. GlobalSantaFe Corporation (“GSF”) is the second largest provider of offshore contract drilling services to the oil and gas industry. On 27 November 2007 GSF (...)

The European Commission clears a merger in the Danish energy sector remedying competition problems through infrastructure unbundling and gas release (DONG/Elsam/E2)
European Commission - DG CNECT
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European Commission - DG COMP
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Service européen pour l’action extérieure (EEAS)
"DONG/Elsam/E2: Remedying competition problems in an energy merger through infrastructure unbundling and gas release"* 1. Introduction Following an in-depth investigation, the European Commission on 14 March 2006 authorised — subject to commitments — the acquisition by Danish natural gas (...)

The Spanish competition authorities conditionally clear a major merger in the energy sector raising substantial EC and national procedural issues (ENDESA/Gas Natural)
European Court of Justice (Luxembourg)
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Garrigues
On 12 September 2005, GAS NATURAL (“GN”), the incumbent natural gas utility in Spain, notified the Spanish competition authorities of its takeover bid for the entire share of ENDESA, Spain’s main electricity utility . The merger would therefore bring together the nation’s largest natural gas (...)

The European Commission conditionally approves the acquisition of two subsidiaries of the incumbent oil and gas Hungarian company by a German energy supplier (MOL / E.ON)
European Commission - DG COMP
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Compass Lexecon (Brussels)
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European Commission - DG COMP
"A combination of gas release programmes and ownership unbundling as remedy to a problematic energy merger: E.ON / MOL"* 1. Introduction Following an in-depth investigation, on 21 December 2005, the Commission approved under the EU Merger Regulation the acquisition of MOL WMT and MOL Storage, (...)

The Portuguese Competition Authority clears a merger in the electrical power production business, including remedies such as to maintain the maximum availability for production from wind generation facilities (Enernova II)
PLMJ (Lisboa)
The operation ENERNOVA - NOVAS ENERGIAS, S.A. (Enernova) is a company fully owned by EDP - Energias de Portugal, S.A., which operates electrical power production from wind energy. BOLORES - ENERGIA EÓLICA, S.A. (Bolores) is a company which operates wind farms (in particular Bolores e Mosteiro). (...)

The Portuguese Competition Authority clears a merger in the electrical power production sector subject to remedies, including loyal exploitation of facilities and maintaining maximum production availability (Enernova/Ortiga/Safra)
PLMJ (Lisboa)
The operation ENERNOVA - NOVAS ENERGIAS, S.A. (Enernova) is a company operating in the electrical power production from wind energy. ORTIGA, ENERGIA EÓLICA, S.A. (Ortiga) is a company whose corporate purpose is to promote, construct, maintain and operate the facilities needed for the production (...)

The Norwegian Ministry of Government Administration and Reform clears without remedies a merger previously conditionaly authorised by the NCA in the oil well drilling equipment and services sector (National Oilwell/Varco)
Ernst & Young
The operation National Oilwell, Inc. and Varco International, Inc., both US corporations) merged on 11 March 2005. The Norwegian Competition Authority (NCA) was notified of the proposed merger on 14 December 2004. National Oilwell is a worldwide leader in the design, manufacture and sale of (...)

The Administrative Tribunal of Lazio confirms the Italian Competition Authority’s decision to clear a merger in the sector of electricity with structural and behavioural remedies (Trasmissione Elettricità Rete Nazionale-Gestore della Rete di Trasmissione Nazionale)
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Chiomenti (Rome)
The operation The Italian Competition Authority, at its meeting of 4 August 2005, approved with conditions the purchase by Cassa Depositi e Prestiti S.p.A. of 29.99% of T.E.R.N.A.’s shares and a division of Gestore della Rete di Trasmissione Nazionale (the company in charge of the national (...)

The Bulgarian Commission for the Protection of Competition, in a multistep transaction involving the privatization of two thermal electric power plants, imposes conditions preventing the sale of the plants to a single buyer (OAO RAO EES Rossi/Toplofikacia Rousse)
Boyanov & Co.
The operation The operation relates to a multistep transaction, where within the framework of a privatization procedure OAO RAO EES Rossi was proposed to acquired control of TPP Varna EAD and Toplofikacia Rousse EAD - two major thermal electric power plants in North-Eastern Bulgaria. The (...)

The Italian Competition Authority, after having opposed to a so-called merger transaction under Art. 81 EC, imposes substantial modification to the original acquisition agreement and finally clears the transaction as a merger (Anonima Petroli Italiana - ENI)
London School of Economics
API Anonima Petroli Italiana (“API”) is an undertaking active in the distribution, marketing and refinement of oil products. ENI is active mainly in the oil and natural gas sectors. IP, a subsidiary owned at 100% by ENI, is active in the marketing of oil products. On 1 June 2005, API and ENI (...)

A Dutch Court annuls a Dutch Competition Authority’s decision that conditionally cleared a merger between electricity companies for not having sufficiently demonstrated that the merger would lead to the creation or strengthening of a dominant position (Nuon/Reliant)
RBB Economics (Brussels)
On 31 May 2005, the Court of Rotterdam in the Netherlands annulled a decision by the Nederlandse Mededingingsautoriteit (NMa), the Dutch competition authority, concerning the proposed merger between electricity companies Nuon and Reliant . After a detailed inquiry, the NMa had cleared the (...)

The EU Commission acknowledges the withdrawal of a proposed joint venture in the petroleum-based waxes industry (Sasol Wax International / Total)
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European Commission - DG COMP
"Mergers — Main developments between 1 January to 30 April 2005"* Sasol Wax International (Sasol) and Total SA abandoned their proposed joint venture in the field of petroleum-based waxes following the Commission’s decision to open an in-depth investigation under the EU Merger Regulation. Sasol (...)

The Polish Competition Authority clears a merger on the market of nitrate fertilizers and plastics, subject to a divestment remedy (Nafta Polska/Tarnów-Mościce, Zachem)
Clifford Chance (Warsaw)
The operation On 20 April 2005 the President of the OCCP cleared the acquisition of direct control over four Polish chemical plants by Nafta Polska S.A. by way of an acquisition of 80% of the shares in each of the plants. The transaction is a part of a government restructuring programme of the (...)

The Spanish Competition Authority clears the creation of a joint venture in aircraft refuelling and lubricant services subject to remedies which were partly removed by the Council of Ministries (Shell España / CEPSA)
PwC (Madrid)
The operation The operation consisted of the creation of Spanish Intoplane Services (SIS), a joint venture controlled by Shell España and CEPSA (each owning 50%). SIS was created as a provider of kerosene and lubricants to civil aircraft at airports. SIS gained concessions to operate in (...)

The Spanish Competition Authority clears with remedies a merger in the fuel sector but the Council of Ministries increased the potential duration of one of the remedies (DISA / Shell)
PwC (Madrid)
The operation The operation comprised the acquisition of Shell Atlántica and Shell Peninsular by DISA. DISA is a group of companies mainly active in the Canary Islands that operates in the following fields: (i) wholesale and retail distribution of refined oil products; (ii) distribution and (...)

The European Commission prohibits a merger between gas and electricity national incumbents (EDP/ENI/GDP)
Service européen pour l’action extérieure (EEAS)
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European Commission - Legal Service
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European Commission - DG COMP
"EDP/ENI/GDP: the Commission prohibits a merger between gas and electricity national incumbents"* On 9 December 2004, the European Commission decided to block the proposed acquisition of Gás de Portugal (GDP), the incumbent gas company in Portugal, by both Energias de Portugal (EDP), the (...)

The Romanian Competition Council clears the privatisation of the petrol incumbent upon commitment to give up common control over a main competitor (OMV-Petrom)
Fruth Oprisan
The operation Within the farme of the privatization process, OMV Aktiengesellschaft acquired 33.34% of the share stock of the previously state -owned company PETROM SA. The market(s) oil and gas exploration; exploitation, production and transport of oil and gas oil processing and (...)

The EU Commission conditionally clears a merger in the uranium enrichment services industry (AREVA / ETC)
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European Commission - DG COMP
"Merger control: Main developments between 1 September and 31 December 2004"* AREVA, the French nuclear group, and Urenco, a company set up by the governments of the UK, the Netherlands and Germany are the main European providers of uranium enrichment services which are needed to produce fuel (...)

The Swedish Competition Authority clears a merger in the energy sector, subject to a remedy intended to facilitate supplier switching by the target’s customers (DONG Naturgas/Nova Supply)
Cederquist
The operation DONG Naturgas A/S (DONG) is wholly-owned by DONG A/S, which was itself wholly-owned by the Danish State at the time of the transaction. DONG is a producer of natural gas from North Sea gas fields and is a supplier of natural gas to Denmark, Germany, Holland and Sweden. (para.3 (...)

The Turkish Competition Authority renders its view that a shares’ transfer qualifies as a concentration and that it will monitor the target’s investments (Tupras)
Esin
In a pre-notification filing for the privatization of a state-owned company Turkiye Petrol Rafinerileri A.S. (“TUPRAS”), t The operation TUPRAS is a state owned company which operates petroleum refineries in Turkey. In 1990, it was decided to privatize TUPRAS, subsequent to which two public (...)

The European Commission accepts the request of the Belgian Ministry of Economic Affairs to refer the examination of the entire transaction arising from the agreements between two Belgium companies on the supply of electricity and gas to eligible customers in the Brussels region (Sibelga, Electrabel)
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European Commission - DG COMP
"Merger Control: Main developments between 1st September 2003 and 31st December 2003"* On 19 December 2003 the Commission decided to accept the request of the Belgian Ministry of Economic Affairs to refer the examination of the entire transaction arising from the agreements between Sibelga and (...)

The Dutch NCA clears a merger in the electricity sector subject to third parties access to infrastructure (Nuon - Reliant Energy Europe)
Netherlands Authority for Consumers & Markets (The Hague)
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Eversheds Sutherland (Amsterdam)
The operation Nuon is an electricity producer and distributor. Reliant is one of the larger electricity producers in the Netherlands. Nuon proposed acquiring the whole of issued capital of Reliant (para. 3). The market(s) The activities of Nuon and Reliant with regard to the production and (...)

The German Federal Cartel Office clears the acquisition by RWE of stakes in four public utility companies with remedies, comprising the sale of shares in two other public utility companies (RWE/Wuppertal/Velbert/Remscheid/Oberhausen)
Humboldt University (Berlin)
The operation On 29 June 2003 RWE Rhein-Ruhr (”RWE”) notified the German Federal Cartel Office (FCO) that it intended to acquire a number of shareholdings in the gas and electricity sectors. These acquisitions comprised: (i) 20% of the municipal public utility company of Wuppertal; (ii) 20% of (...)

The Estonian Competition Authority clears a merger in the markets of sod and milled fuel peat for peat briquettes subject to enter into a long-term supply agreement with the target’s customer (Tootsi Turvas/Puhatu Turvas)
General Electric (Brussels)
The operation By a decision dated 12 June 2003, the ECA authorised in phase I the acquisition by the Estonian company Tootsi Turvas (an indirect subsidiary of Finnish State - owned Vapo Group) of Estonian company Puhatu Turvas (para. 1). The market(s) The relevant markets were defined by the (...)

The European Commission conditionally approves a linkup between an Austrian power company and five regional power suppliers (Österreichische Elektrizitätswirtschafts/EnergieAllianz)
European Commission - DG COMP
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European Commission - DG COMP
"Merger control: main developments between 1st May and 31st August 2003"* On 11 June the Commission also approved a linkup between the Austrian power company Österreichische Elektrizitätswirtschafts-AG (Verbund) and five Austrian regional power suppliers grouped together as EnergieAllianz, (...)

The European Court of First Instance upholds the Commission’s approval of a merger between two leading oil companies (TotalFina/Elf)
European Commission - DG COMP
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European Commission - DG COMP
"Merger control: main developments between 1st May and 31st August 2003"* This judgement finds that the Commission did not go beyond the limits of its discretionary power in assessing whether the applicants could be accepted as buyers of certain assets in the course of divestitures on which a (...)

The Spanish Competition Authority clears in phase II with remedies an acquisition of wind farms in the energy sector, the Council of Ministries having upheld the set of remedies proposed (Iberdrola/Gamesa)
PwC (Madrid)
The operation The merger comprised Iberenova’s acquisition of wind farms owned by Gamesa. Total capacity implied in the transaction amounted to 678 MW, including both operating and projected wind farms. The transaction agreement included a number of ancillary restraints (see below). Iberenova (...)

The European Commission decides to accede to the request of the Belgian Economic Minister to refer a transaction involving an agreement concerning the supply of electricity to eligible customers (Intercommunale d’Electricité du Hainaut (IEH) and Electrabel)
European Commission - DG ECFIN
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European Commission - DG COMP
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European Commission - DG GROW
"Merger Control: Main developments between 1st September 2002 and 31st December 2002"* On 23 December 2002 the Commission decided to accede to the request of the Belgian Economic Minister to refer, pursuant to Art. 9 of the ECMR, a transaction involving an agreement between l’Intercommunale (...)

The European Commission authorizes, subject to conditions, the joint acquisition of a regional gas wholesaler by German electricity and Italian gas and petroleum companies (ENI/EnBW/GVS)
European Commission - DG ECFIN
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European Commission - DG COMP
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European Commission - DG GROW
"Merger Control: Main developments between 1st September 2002 and 31st December 2002"* On 17 December 2002 the European Commission authorised, subject to conditions, the joint acquisition of German regional gas wholesaler Gas Versorgung Süddeutschland (GVS) by German electricity firm Energie (...)

The Czech NCA clears a merger in the long-distance heat supplies sector, subject to granting access to the infrastructure and temporary maintenance of supply level (Dalkia/ZTO)
Clifford Chance
The operation On the basis of the share purchase agreement concluded between Dalkia Morava, a.s. ("Dalkia") as a buyer and Ostrava municipality as a seller, Dalkia acquired 95% of shares in Zásobování teplem Ostrava, a.s. ("ZTO"), a stake enabling Dalkia to exercise an exclusive control over the (...)

The EU Commission authorizes the acquisition of the whole of German oil and petrochemicals producer holding that the change from joint to sole control does not give rise to competition concerns (BP / Veba Oel)
European Commission - DG ECFIN
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European Commission - DG COMP
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European Commission - DG GROW
"Merger Control: Main developments between 1st May 2002 and 31th August 2002"* The European Commission authorised BP Plc’s proposed acquisition of the whole of German oil and petrochemicals producer Veba Oel, currently a joint venture between BP and E.ON. The Commission concluded that the (...)

The French Minister clears a merger in the sector of energy with remedies including divestiture (CGST-Save/Domoservices)
French Competition Authority (Paris)
The operation The Minister clears the acquisition between CGST and Domoservices in phase 1. The market(s) The market has been defined as the market for supply of technical services for gas equipments to individual customers. Remedy 1: Vertical concerns The Minister believed that the (...)

The European Commission clears, subject to conditions, an agreement giving to three companies joint control over Spain’s fourth largest utility company (EnBW / EDP / Cajastur / Hidrocantabrico)
European Commission - DG ECFIN
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European Commission - DG COMP
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Financial Conduct Authority (FCA)
"Merger Control: Main developments between 1st January 2002 and 30th April 2002"* The Commission cleared, subject to conditions, an agreement giving Energie Baden-Württemberg (EnBW), Electricidade de Portugal S.A. (EDP) and Caja de Ahorros de Asturias (Cajastur) joint control over Spain’s fourth (...)

The German Competition Authority prohibits acquisition in the energy sector (E.ON Düsseldorf / Bergemann Essen)
German Competition Authority (Bonn)
Bundeskartellamt prohibits E.ON’s acquisition of majority stake in Ruhrgas* The Bundeskartellamt has prohibited E.ON AG, Düsseldorf, (E.ON) from acquiring Bergemann GmbH, Essen (Bergemann) which would give it indirect control of Ruhrgas AG, Essen (Ruhrgas). The President of the Bundeskartellamt, (...)

The German Competition Authority clears a planned acquisition of electricity plants after imposing reduction of the shares acquired (RWE / GEW)
German Competition Authority (Bonn)
Bundeskartellamt forces RWE’s acquisition of share in GEW Rhineland below merger threshold* The Bundeskartellamt has cleared the planned acquisition of the electricity plants of RWE AG, Essen (RWE) located on the right bank of the Rhine by GEW AG, Cologne (GEW). RWE’s plan to acquire a share in (...)

The European Commission decides on the arrangements for demerging two French electrical equipment manufacturers whose merger was prohibited on the grounds that it created or strengthened dominant positions (Schneider/Legrand)
European Commission - DG ECFIN
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European Commission - DG COMP
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Financial Conduct Authority (FCA)
"Merger Control: Main developments between 1st January 2002 and 30th April 2002"* On 30 January 2002 the Commission decided on the arrangements for demerging Schneider Electric and Legrand, two French electrical equipment manufacturers whose merger was prohibited in 2001 on the grounds that it (...)

The German Competition Authority prohibits acquisition of of a majority stake, since it would have strengthened dominant positions both in the gas and electricity sales markets (E.ON / Gelsenberg)
German Competition Authority (Bonn)
Bundeskartellamt prohibits E.ON/Gelsenberg (Ruhrgas) merger* The Bundeskartellamt has prohibited the acquisition by E.ON AG, Düsseldorf, (E.ON) of a majority stake in Gelsenberg AG, Essen. The merger would have strengthened dominant positions both in the gas and electricity sales markets. The (...)

The European Commission approves the acquisition of German oil and petrochemicals company by Anglo-Dutch oil company (Royal Dutch/Shell/DEA/RWE)
European Commission - DG COMP
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Financial Conduct Authority (FCA)
"Merger Control: Main developments between 1st September 2001 and 31st December 2001"* On 21 December 2001 The Commission approved the acquisition of the German oil and petrochemicals company DEA, which belongs to the RWE group, by Royal Dutch/Shell (UK/NL), and the combination of the (...)

The German Federal Cartel Office clears a merger in the energy market with remedies, including the divestiture of gas stations, RMR-pipeline supply contracts and the granting of infrastructure access for aviation fuel delivery at Frankfurt airport (Shell/DEA)
E.CA Economics (Berlin)
The operation On 10 July 2001, Shell Deutschland GmbH (Shell) notified the European Commission of its intention to merge its downstream oil business with DEA Mineralöl AG (DEA) by acquiring 50% of the shares of DEA, as a first step to acquiring a majority stake later on. At the request of the (...)

The German Federal Cartel Office clears a merger in the energy market with remedies, including the divestment of gas stations and a stake in a refinery as well as a three year obligation to supply third parties with aviation fuel (BP/ E.ON)
E.CA Economics (Berlin)
The operation On 27 July 2001, BP plc (BP) notified the European Commission of its intention to purchase (via its German affiliate Deutsche BP AG) 51% of Veba Oel AG (Veba Oel) which was a wholly owned subsidiary of E.ON AG (E.ON). On the request of the German Federal Cartel Office (FCO) the (...)

The Czech Competition Office clears an acquisition in the chemestry sector subject to remedies, including guaranteing supply, avoiding or limiting price increase and transferring limited specified clients from its portfolio to competitors (Linde Technoplyn/Chemopetrol)
Wolf Theiss (Prague)
The operation Based on various agreements not yet in force on the date of the decision Linde was to acquire a major part of Chemopetrol’s business namely its carbon dioxide manufacturing line. Linde is a joint-stock company manufacturing various industrial gases. Chemopetrol is a joint-stock (...)

The European Commission refers to the German Bundeskartellamt the examination of the impact in the downstream markets for refined oil products of a proposed joint venture (BP/E.ON)
European Commission - DG COMP
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Financial Conduct Authority (FCA)
"Merger Control: Main developments between 1st September 2001 and 31st December 2001"* The Commission referred to the Bundeskartellamt the examination of the impact in the downstream markets for refined oil products of a proposed joint venture between Deutsche BP and E.ON. The proposed (...)

The European Commission refers to the German Competition Authority the examination of the impact in the downstream market for oil products of a proposed joint venture (Deutsche and RWE-DEA)
European Commission - DG ECFIN
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European Commission - DG COMP
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Financial Conduct Authority (FCA)
"Merger control: main developments between 1 May and 31 August 2001"* The Commission on 23 August referred to the German Competition Authority the examination of the impact in the downstream market for oil products of a proposed joint venture between Deutsche and RWE-DEA. At the same time, the (...)

The European Commission prohibits a merger between two US companies active in the markets for aero-engines, avionics and other aircraft components and systems (GE/Honeywell)
Ipsen (Paris)
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SES Satellites
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European Commission - DG HOME
"General Electric/Honeywell — An insight into the Commission’s investigation and decision"* whereas the order backlog is an indication of their immediate future incumbency. Owing to the benefits of engine commonality, incumbency of engine suppliers is better assessed in terms of the installed (...)

The French Minister clears a merger in the the market for electricity supply with remedy including divestiture (Vivendi Environnement/EDF/Dalkia)
French Competition Authority (Paris)
The operation The Minister clears the acquisition of joint control by EDF and Vivendi Environement of certain Dalkia’ subsidiaries. The market(s) Electricity supply, cogeneration, facilities management. Remedy 1 Given the monopolistic position of EDF in the market for the supply of (...)

The German Bundeskartellamt clears a merger in the energy sector subject to remedies, including access to infrastructure, publication of prices and extraordinary contract cancellation rights (Trienekens/Stadtwerke Viersen)
Baker McKenzie (Dusseldorf)
The operation On 27 December 2000 the parties notified the Bundeskartellamt of the proposed acquisition by Trienekens Niederrhein GmbH & Co. KG (“Trienekens”) of 49% of the equity capital of Stadtwerke Viersen GmbH (“Stadtwerke”) from the Stadt Viersen, its sole shareholder. Trienekens is (...)

The Italian Competition Authority clears a merger in the sector of energy with structural remedy (Enel-France Telecom/New wind)
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Chiomenti (Rome)
The operation The Italian Competition Authority approved with conditions the two steps transaction by which Enel S.p.A. will acquire the whole capital stake of Infostrada S.p.A. and, then, Wind Telecomunicazioni S.p.A. will be merged with Infostrada S.p.A. The new entity, New Wind, will be (...)

The European Commission refers to the Finnish Competition Authority part of the examination of the impact of proposed acquisition in the markets for wood based fuels and peat (Metsäliitto Osuuskunta/Vapo Oy)
European Commission - DG ECFIN
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European Commission - DG COMP
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Financial Conduct Authority (FCA)
"Merger Control: Main developments between 1st January 2001 and 30th April 2001"* On 8 February 2001, the Commission decided to refer to the Finnish Competition Authority – Kilpailuvirasto – part of the examination of the impact of the proposed acquisition by Finland’s Metsäliitto Osuuskunta of a (...)

The European Commission conditionally clears the acquisition of joint control of a German electricity company by French electricity incumbent and an association of nine south-west German districts (EDF/Zweckverband Oberschwäbische Elektrizitätswerke/Energie Baden-Württemberg)
European Commission - DG ECFIN
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European Commission - DG COMP
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Financial Conduct Authority (FCA)
"Merger Control: Main developments between 1st January 2001 and 30th April 2001"* In February, the Commission authorised, subject to conditions, the acquisition of joint control of German electricity company Energie Baden-Württemberg AG (EnBW) by Electricité de France (EdF) and Zweckverband (...)

The US FTC imposes the largest retail divestiture of its history, affecting multiple levels of the production chain, before clearing one of the largest mergers in the gasoline industry (Exxon / Mobil)
Akin Gump Strauss Hauer & Feld (Dallas)
On November 30, 1999 after an extensive and in-depth investigation, the FTC announced that Exxon Corporation and Mobil Corporation agreed to enter into a consent decree, in which the FTC mandated significant structural changes to the corporations prior to approving their merger. The consent (...)

The European Commission refers to the Italian competition authorities the examination of the impact of a proposed acquisition on the Italian electricity sector (Infostrada/Enel/France Telecom)
European Commission - DG ECFIN
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European Commission - DG COMP
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Financial Conduct Authority (FCA)
"Merger Control: Main developments between 1st January 2001 and 30th April 2001"* The Commission decided to refer to the Italian competition authorities – Autorità Garante della Concorrenza e del Mercato – the examination of the impact of the proposed acquisition of Infostrada by Enel and France (...)

The Spanish competition authorities fail to impose remedies to the two largest national electricity companies, leading to merger withdrawal (Endesa/Iberdrola)
PwC (Madrid)
The operation The operation involved Endesa’s acquisition of Iberdrola. The transaction included a divestment plan aimed at preventing the merged company from achieving a post-merger size larger than Endesa’s pre-merger size in the affected markets. Endesa was the largest electricity company in (...)

The French Minister clears a merger in the electricity supply market with strict governance remedies and divestments (Vivendi Environnement/EDF/Dalkia)
French Competition Authority (Paris)
The operation The Minister clears the acquisition of joint control by EDF and Vivendi Environement of certain Dalkia’ subsidiaries. The markets Electricity supply, cogeneration, facilities management. Remedy 1: Governance Given the monopolistic position of EDF in the market for the supply (...)

The European Commission clears a joint venture combining the nuclear activities of French and German companies (Framatome/Siemens)
Service européen pour l’action extérieure (EEAS)
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Financial Conduct Authority (FCA)
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European Commission - DG COMP
"Merger Control: main developments between 1st September 2000 and 31st December 2000"* On 6th December 2000, the European Commission cleared a joint venture which combines the nuclear activities of Framatome SA of France with those of Siemens AG of Germany. The joint venture, as initially (...)

The German Bundeskartellamt clears a merger in the gas supply sector subject to remedies, including access to infrastructure, publication of prices and extraordinary rights to terminate agreements (Contigas/Stadtwerke Heide)
Baker McKenzie (Dusseldorf)
The operation On 30 May 2000 Contigas Deutsche Energie-Aktiengesellschaft (“Contigas”) notified the Bundeskartellamt of its proposed acquisition of 49% of the equity capital of Stadtwerke Heide GmbH (“Stadtwerke”) from Stadt Heide, its sole shareholder. Contigas is an energy supply company (...)

The Hungarian Competition Office authorises the acquisition of joint control by Hungarian oil company over Slovak oil company (MOL/Slovnaft)
lakatos, koves and partners
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lakatos, koves and partners
The Hungarian Competition Office (“HCO”) initiated an investigation following the application of Hungarian Oil & Gas Company Plc (“MOL”) in which MOL requested the approval for MOL’s acquisition of joint control with Slovintegra a.s. (“Slovintegra“) and Slovbena a.s. (“Slovbena”) (hereinafter (...)

The Czech Competition Office clears a merger in gas sector involving four entities subject to a remedy (Prague Municipality, RWE, RUHRGAS / PP)
Clifford Chance (Prague)
The operation The proposal submitted by the parties contained description of the operation. However, many substantial aspects of the transactions remain undisclosed being a business secret. According to the available information, Prague Municipality ("PM"), RWE Energie Aktiengesellschaft (...)

The Czech Competition Office clears in phase II a merger in the electricity sector subject to refraining from efforts to gain sole control over energy distributors (Prague municipality, RWE, GESO/PR)
Clifford Chance (Prague)
The operation The proposal submitted by the parties contained description of the operation. However, many substantial aspects of the transactions remain undisclosed as a commercial secret. According to the available information, Prague Municipality ("PM"), RWE Energie Aktiengesellschaft (...)

The EU Commission approves a merger between two German companies in the electricity industry (VEBA / VIAG)
Service européen pour l’action extérieure (EEAS)
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Financial Conduct Authority (FCA)
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European Commission - DG COMP
"Merger Control: main developments between 1st May 2000 and 31st August 2000"* The merger between the German groups VEBA and VIAG, together with the merger between RWE and VEW, which was investigated at the same time by the Bundeskartellamt, will change the face of the German power industry, (...)

The French Minister of Economics clears a merger in the sector of energy with remedies including output restriction and cross-subsidies prevention (EDF/Siemens-Cogema/ClemessyAcquisition)
French Competition Authority (Paris)
The operation EDF and Cogema through their subsidiaries SDS and Tasys have acquired 45% of SRPG, a company that holds 67,39% of Clemessy. EDF is a French energy group active in all activities of the value chain including the supply of electricity in France. Clemessy is active in the supply of (...)

The European Commission approves, subject to remedies, a merger between two leading French oil companies (TotalFina/Elf Aquitaine)
European Commission - DG COMP
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European Commission - DG COMP
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European Commission - DG COMP
"The case TotalFina / Elf Aquitaine: preserving a contestable and competitive market in an industry that is of a particularly sensitive nature to the consumer"* On 24 August 1999 the Commission was notified of the proposed acquisition by TotalFina of Elf Aquitaine. These two companies are the (...)

The Dutch Competition Authority clears a merger in the electricity sector subject to divestments (PNEM/MEGA -EDON)
Netherlands Authority for Consumers & Markets (The Hague)
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Eversheds Sutherland (Amsterdam)
The operation The activities of PNEM/MEGA and EDON mainly involve the production of electricity, the supply of electricity, gas and warmth, waste collection and management and the exploitation of telecommunication and cable television networks. A newly established company will acquire all the (...)

The European Commission clears, subject to remedies, the take over of a Belgian oil company by French oil group (Total/Petrofina)
European Commission - DG TRADE
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European Commission - DG TRADE
"Mergers: Recent developments and important decisions"* The Commission cleared, subject to undertakings by the parties, the take over of the Belgian Oil Company PetroFinaby Total.The operation raised competition concerns in the market for non-retail sales of fuels (i.e., gasoline, diesel, (...)

The European Commission rejects the UK authorities’ request for referral of the assessment of a concentration in the electricity sector (EDF/London Electricity)
European Commission - DG TRADE
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European Commission - DG TRADE
"Mergers: Recent developments and important decisions"* In London Electricity/Electricité de France (EdF) the United Kingdom authorities both requested a referral under Article 9(4) and in parallel invoked Article 21(3)of the Merger Regulation, (the latter is based on the necessity to protect (...)

The Turkish Competition Authority clears with remedy the concession of operation rights of several electricity distribution facilities from the state-owned electricity incumbent (TEDAS)
Esin
The operation At the time of the decision, TEDAS was a state-owned entity which was responsible for the distribution of electricity. Each of the electricity distribution facilities owned by TEDAS was operating in their exclusive territory. The operation was the transfer of operation rights of (...)

The European Commission approves a merger between two French companies creating France’s largest industrial groups, notably active in the utility sector (Lyonnaise-des-Eaux/Suez)
European Commission - DG COMP
"Merger : Summary of the most important recent developments"* In May 1997, the French groups Lyonnaise des Eaux and Compagnie de Suez proposed to merge their activities into a new entity, which becomes one of France’s largest industrial groups, notably active in the utility sector. After (...)

The European Commission refers two cases of merger in the electricity sector to the German Bundeskartellamt following requests under art. 9 of the EC merger regulation (RWE/Thyssengas and Bayernwerk/Isarwerke)
European Commission - DG GROW
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European Commission - DG COMP
"Mergers - Summary of the most important recent developments"* On 25 November 1996, two cases in the energy sector, RWE/Thyssengas and Bayernwerk/Isarwerke, were referred to the German competition authority, the Bundeskartellamt, following requests under Article 9 of the EC Merger Regulation. (...)

The European Commission approves the formation of a joint venture between two oil companies combining their European activities in the refining and marketing of fuels and lubricants (BP/Mobil)
European Commission - DG GROW
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European Commission - DG COMP
"Mergers - Summary of the most important recent developments"* On 7th August 1996, the Commission approved the proposed formation of a joint venture between BP and Mobil which combines their European activities in the refining and marketing of fuels and lubricants. BP and Mobil will combine (...)

The European Commission amends its decision authorizing the establishment of a joint venture in the polyolefins sector subject to conditions and obligations corresponding to commitments given by the parties (Montell, Shell and Montedison)
European Commission - DG GROW
"Mergers : Summary of the most important recent developments"* On 24th April 1996, the Commission decided to amend its Decision 94/811 EC of 8.6.1994 which had authorized the establishment of Montell, a joint venture in the polyolefins sector between Shell and Montedison, subject to conditions (...)

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