Prohibited mergers

Anticompetitive practices

Mergers

The US District Court for the District of Columbia grants the Federal Trade Commission’s request for a preliminary injunction halting a merger in the office supply superstores sector (Staples / Office Depot)
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (New York)
On May 10, 2016, Judge Emmet G. Sullivan of the U.S. District Court for the District of Columbia released his highly anticipated decision in the matter of Staples’ acquisition of Office Depot, granting the Federal Trade Commission’s (FTC) request for a preliminary injunction and effectively (...)

The EU Commission blocks a merger between two mobile networks due to the risk of price increase on the market (Telefónica / Hutchison)
Van Bael & Bellis (Brussels)
On 11 May 2016, the European Commission (“Commission”) prohibited the proposed acquisition of Telefónica’s O2 by Hutchison’s Three under the EU Merger Regulation. The Commission’s primary concern was that a combined Three/ O2 would have the ability and incentive to raise prices in the UK market for (...)

The Dutch Industry Appeals Tribunal annuls decision blocking bakery merger (Continental Bakeries / A.A. ter Beek)
Van Bael & Bellis (Brussels)
On 11 February 2016, the Dutch Industry Appeals Tribunal (the “Tribunal”), the administrative court of last instance in competition law matters, annulled the decision of the Dutch Competition Authority (“DCA”) prohibiting the merger between Continental Bakeries and A.A. ter Beek. The Tribunal held (...)

The U.S. District Court for the Northern District of Ohio denies the Federal Trade Commission’s bid to enjoin a company from acquiring its alleged potential competitor (Steris/Synergy)
Skadden, Arps, Slate, Meagher & Flom (Washington)
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Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (New York)
On September 24, 2015, the U.S. District Court for the Northern District of Ohio denied the Federal Trade Commission’s (FTC) bid to enjoin Steris Corporation (Steris) from acquiring its alleged potential competitor, Synergy Health plc (Synergy). The loss breaks a string of victories in merger (...)

The Dutch Competition Authority prohibits a merger in the market of hospitals (Albert Schweitzer Hospital / Rivas Zorggroep)
Netherlands Authority for Consumers & Markets (The Hague)
ACM prohibits proposed merger between two Dutch hospital groups* The Netherlands Authority for Consumers and Markets (ACM) has not approved the proposed merger of two hospital groups in the southwestern part of the Netherlands, near the cities of Dordrecht and Gorinchem: Albert Schweitzer (...)

The Bundeskartellamt blocks a merger between two food retailers with a strong position in different regional German markets as it would impede effective competition in the food retail market (Kaiser’s Tengelmann / Edeka)
Berlin School of Economics and Law
At the beginning of April 2015, the Bundeskartellamt blocked the merger between Edeka and Kaiser’s Tengelmann ("Tengelmann"), which had been notified in October 2014. In the proposed merger, Edeka intends to acquire approximately 450 outlets of Tengelmann. Both companies are food retailers with (...)

The German Competition Authority prohibits a merger in the food retail market (Kaiser’s Tengelmann / Edeka)
German Competition Authority (Bonn)
Bundeskartellamt prohibits takeover of Kaiser’s Tengelmann by EDEKA* The Bundeskartellamt has prohibited the acquisition of around 450 Kaiser’s Tengelmann outlets by EDEKA. In the authority’s view the project would have considerably wors-ened competition conditions on a large number of highly (...)

The Competition Commission of Singapore takes a provisional decision to block a proposed acquisition in the radiology and imaging services sector (RadLink-Asia / Fortis Singapore)
Allen & Gledhill
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Allen & Gledhill (Singapore)
On 16 March 2015, the Competition Commission of Singapore (“CCS”) announced that it had taken a provisional decision to block the proposed acquisition of RadLink-Asia Pte Limited (“RadLink”), a wholly owned subsidiary of Fortis Healthcare Singapore Pte. Limited (“Fortis Singapore”) by Medi-Rad (...)

The EU General Court upholds a Commission decision to prohibit a merger of two stock exchanges of financial derivatives (NYSE Euronext / Deutsche Börse)
Clifford Chance (Madrid)
Background information The ruling of the EU General Court of 9 March 2015 has fully upheld the decision in which the European Commission (the “Commission”) blocked the concentration between NYSE Euronext (“NYX”) and Deutsche Börse. NYX is a U.S holding formed in 2007 through the merger of NYSE (...)

The Italian Administrative Supreme Court reinstates a decision issued by the Competition Authority prohibiting a joint venture in the in the gas distribution sector (Isontina Reti Gas)
Legance - Studio Legale Associato
By judgment No. 334 of 26 January 2015, the Italian Supreme Administrative Court (Consiglio di Stato) upheld two appeals brought by the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, hereinafter “ICA”) and reinstated the ICA’s decision No. 24320 of 17 April 2013 (...)

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

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

The Chinese MOFCOM publishes penalty decisions regarding merger control for the first time (Unigroup / RDA Microelectronics; Western Digital / Hitachi)
AnJie Law (Beijing)
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AnJie Law (Beijing)
MOFCOM Steps Up: Penalty Decisions Regarding Merger Control Published for the First Time* Two months after the National Development and Reform Commission (“NDRC”) published its last high-profile anti-monopoly penalty decisions (e.g.Japanese Auto Parts and Bearing Manufacturers case, Audi and (...)

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

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

The 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 UK Court of Appeal holds that a foreign business can be blocked by the UK Competition Commission from acquiring another non-UK company where there is sufficient UK involvement (Akzo Nobel / Metlac)
The University of Manchester
Background to the judgement AkzoNobel NV (‘Akzo’) is incorporated in the Netherlands. It does not directly engage in activities in the UK. It is, however, at the peak of a complex corporate arrangement that comprises multiple subsidiary companies. Part of this corporate arrangement is a sizable (...)

The German Federal Court of Justice clarifies requirements for state liability in illegal prohibition of a merger by the Federal Competition Authority (GN Store Nord II)
Jones Day (Brussels)
The case before the Oberlandesgericht, (Higher District Court of Düsseldorf (OLG Düsseldorf)) related to a damages claim brought by Phonak against the Federal Republic of Germany based on the German rules of state liability (Section 839(1)(1) of the German Civil Code (BGB) in conjunction with (...)

The upper house of the UK Parliament proposes that Ofcom should be allocated decision-making power in mergers raising potential media plurality concerns
UEA law school - Centre for Competition Policy
Article published on Centre for Competition Policy blog. Ofcom: A Credible Solution to Bias in Media Public Interest Mergers?* On 4 February, the House of Lords Select Committee on Communications published its Report on Media Plurality proposing a number of changes to media ownership (...)

The UK Competition Commission doesn’t find enough evidence that the merger could provide specific benefits for patients which would outweigh the harm from the loss of competition and choice (Dorset Foundation Trusts)
UEA law school - Centre for Competition Policy
Article published on Centre for Competition Policy blog. The Meaning of ‘Relevant Customer Benefits’ in the Context of Health Care: Monitor’s Advice and the Competition Commission’s Response to the Dorset Foundation Trusts’ merger* On 17 October, the Competition Commission (CC) blocked the (...)

The Lithuanian Competition Council prohibits concentration in the markets for foreign language teaching material, school textbooks and retail trade of books (AL Holding / Humanitas)
Law firm of Raimundas Moisejevas (Vilnius)
Background On 16 May 2013, the Lithuanian Competition Council received request of UAB AL Holding to acquire up to 100 percent of the shares of UAB “Humanitas”. On 11 October 2013, the Lithuanian Competition Council passed resolution that procedure concerning evaluation of the request of UAB AL (...)

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

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

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

The Swedish Competition Authority requests prohibition of acquisition in locksmith sector (Assa Abloy / Prokey)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 12 July 2013, the Swedish Competition Authority (SCA) announced that it has submitted an application to the Stockholm City Court requesting the prohibition of a planned acquisition of locksmiths company Prokey AB by Assa Abloy AB. Prokey is one of two companies active in the wholesale (...)

The Irish Competition Authority clears an acquisition of certain assets partly implemented prior to clearance on the market for crisps and snacks (Top Snacks & KP Snacks)
Irish Competition Authority
Acquisition by Top Snacks Limited of the KP Snacks business from United Biscuits (UK) Limited* Publication of the Determination The Authority has published on its website the public version of the full text of its Determination concerning the proposed transaction whereby Intersnack (...)

The European Commission opens consultations seeking views on possible improvements of the EU Merger Regulation, in particular extending its scope to the acquisition of non-controlling minority shareholdings
Baker McKenzie (Brussels)
Minority Report? The EC’s public consultation on minority shareholdings* On 25 June 2013, the European Commission launched a public consultation entitled “Towards more effective EU Merger Control” in which the Commission proposes to (i) expand its powers to review non-controlling minority (...)

The Finnish Competition and Consumer Authority decides to investigate the market impact of an acquisition on the pay-TV market (DNA & Plus TV)
Finnish Competition and Consumer Authority (FCCA)
FCCA to investigate the market impact of deal between DNA and PlusTV* The Finnish Competition and Consumer Authority (FCCA) decided on 24 June 2013 to initiate further proceedings concerning an acquisition that will give DNA Oy a controlling interest in Digi TV Plus Oy. Both parties of the (...)

The UK Competition Appeal Tribunal upholds NCA’s decision to prohibit the merger of two foreign companies in the market for the supply of metal packaging coatings for beer and beverage cans (Akzo Nobel/Metlac)
The University of Manchester
On 21 June 2013, the Competition Appeal Tribunal (the “CAT”) upheld the UK Competition Commission’s (“CC”) finding on 21 December 2012 that Akzo Nobel N.V.’s (“Akzo Nobel”) proposed acquisition of Metlac Holding S.r.l. (“Metlac Holding”) would lead to a substantial lessening of competition in the market (...)

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

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

The 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 UK Competition Commission reopens investigation into Ryanair’s minority stake in Aer Lingus (Ryanair / Aer Lingus)
Van Bael & Bellis (Brussels)
On 28 February 2013 (one day after the European Commission blocked Ryanair’s third attempt to acquire Aer Lingus), the UK Competition Commission (“CC”) announced that it will reopen a long-running inquiry into Ryanair’s acquisition of a minority stake in Aer Lingus. This investigation has (...)

The Regional Court of Cologne rejects damages claim by a hearing aid manufacturer against the Federal Cartel Office (GN Store Nord)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
In a judgment of 26 February 2013, the German Regional Court of Cologne rejected an action for damages in the amount of more than € 1.1 billion by Danish hearing-aid manufacturer GN Store Nord A/S against the German Federal Cartel Office (FCO). GN Store sought compensation from the FCO for (...)

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

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

The German Competition Authority prohibits merger between cable network operators (Tele Columbus / Kabel Deutschland)
Van Bael & Bellis (Brussels)
On 22 February 2013, the German Federal Cartel Office (“FCO”) prohibited the proposed acquisition of Germany’s third-largest cable network operator, Tele Columbus GmbH (“Tele Columbus”), by the country’s biggest cable network operator, Kabel Deutschland Holding AG (“Kabel Deutschland”). (...)

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

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

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

The German Competition Authority prohibits joint venture in chemicals trading sector (Chemie-Vertrieb)
European Commission (Brussels)
Germany: The Bundeskartellamt prohibits Joint Venture in Chemicals Trading Sector* On 21 November 2012, the Bundeskartellamt (BKartA) issued a prohibition decision concerning a joint venture of two chemicals trading companies. The joint venture in question, CVH Chemie-Vertrieb GmbH & Co (...)

The German Competition Authority prohibits hospital merger, rejecting failing firm defence (Klinikum Worms / Hochstift hospitals)
Van Bael & Bellis (Brussels)
On 5 October 2012, details were published concerning a 5 September 2012 decision by the German Federal Cartel Office (“FCO”) prohibiting a proposed merger between two hospitals in Worms, a city on the west bank of the Rhine River in southwest Germany. According to the FCO, the proposed (...)

The UK Competition Commission investigates the acquisition of Irish low cost airline’s minority stake in former Irish flag carrier (Ryanair/Aer Lingus)
Herbert Smith Freehills (Brussels)
The acquisition of Ryanair’s minority stake in Aer Lingus is currently under investigation by the Competition Commission (CC) under the merger control regime of the Enterprise Act 2002, despite a series of jurisdictional challenges and a potentially conflicting transaction (a renewed bid by (...)

The Portuguese Competition Authority holds that the non-timely execution of a divesture commitment leads to an opposition decision (Powervia / Laso merger)
Morais Leitão, Galvão Teles, Soares da Silva & Associados (Porto)
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Morais Leitão, Galvão Teles, Soares da Silva & Associados (Porto)
I. Introduction On April 20, 2011, the Portuguese Competition Authority (PCA) was notified of a concentration under which Powervia, S.A. (Powervia), an investment fund, notified the acquisition of sole control over the following companies: Laso – Transportes, S.A., Auto – Laso, S.A. and Probilog (...)

The Antimonopoly Office of the Slovak Republic prohibits a merger in the bakery industry (Agrofert/Euro Bakeries)
Agency for the Cooperation of Energy Regulators (ACER) (Slovenia)
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Factual background By its decision No. 2012/FH/3/1/029 of 29 June 2012, the Antimonopoly Office of the Slovak Republic ("AMO") prohibited the concentration of undertakings Agrofert Holding a. s., Czech Republic ("Agrofert") and Euro Bakeries Holding, a. s., Czech Republic ("Euro Bakeries") (...)

The Serbian Administrative Court annuls the decision of the Competition Authority prohibiting a merger between the two largest sugar producers in the Republic of Serbia (Sunoko/Hellenic Sugar Industry)
Kinstellar (Belgrade)
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Kinstellar
On 8 June 2012, the Serbian Administrative Court (the "Court") annulled the decision of the Serbian Competition Authority (the "Competition Authority") prohibiting a merger between Sunoko d.o.o. Novi Sad, with its registered seat at Novi Sad, the Republic of Serbia ("Sunoko"), and Hellenic (...)

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

The Polish competition court upholds the prohibition of a merger in the energy sector, confirms that conditions can be granted also by the court, defines when the “rule of reason” can be applicable and consequently confirms a non-primary meaning of procedural omissions of the competition authority (PGE)
Markiewicz & Sroczynski
I. The Facts Polska Grupa Energetyczna S.A. with its seat in Warsaw (“PGE”) is one of the four leading energy groups in Poland, the remaining three being Enea, Energa and Tauron. PGE intended to take control over Energa, through a conditional acquisition from the Minister of the State Treasury on (...)

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

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

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

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

The EU Commission blocks proposed merger of stock exchange groups as it would create a quasi-monopoly in the European exchange-traded derivatives industry (NYSE Euronext / Deutsche Börse)
Wolters Kluwer (Riverwoods)
Deutsche Börse and NYSE Euronext Blame “Narrow” Market Definition for EC’s Objection to Combination* Despite a U.S. Department of Justice decision to clear the deal, the European Commission (EC) today blocked the proposed merger of NYSE Euronext and Deutsche Börse. The EC determined that the (...)

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

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

The 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 UK Competition Appeal Tribunal upholds the OFT’s decision that it is "in time" to investigate the acquisition of a minority shareholding in a merger case concerning the air transport sector (Ryanair/Aer Lingus)
Herbert Smith Freehills (Brussels)
All views expressed are strictly personal views of the author. The present case note does not constitute legal advice and should not be relied on as such. The author would like to thank Natalia Sivakumaran, associate at Herbert Smith LLP in London, for her assistance with the preparation of (...)

The Polish Competition Court upholds a merger prohibition decision in the market for railway turnouts (Cogifer/Koltram)
Van Bael & Bellis (Brussels)
The Polish Court of Competition and Consumer Protection recently upheld two decisions of the Polish Competition Authority prohibiting concentrations, one in the market for railway turnouts and another in the market for waste battery treatment. In the first judgment, adopted on 5 April 2011, (...)

The Polish Competition Court upholds a merger prohibition decision in the market for waste battery treatment (Baterpol/Orzeł Biały)
Van Bael & Bellis (Brussels)
The Polish Court of Competition and Consumer Protection recently upheld two decisions of the Polish Competition Authority prohibiting concentrations, one in the market for railway turnouts and another in the market for waste battery treatment. In the second case, decided on 13 April 2011, the (...)

The German Federal Cartel Office prohibits online video platform joint venture (RTL and Pro7sat1)
Jones Day (Frankfurt)
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Jones Day (Dusseldorf)
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Jones Day (Frankfurt)
On March 17, 2011, the German Federal Cartel Office (Bundeskartellamt) rejected plans by German broadcasting groups RTL and Pro7Sat1 to launch a joint venture for the creation and operation of an online video platform. This decision illustrates how in Europe, particularly in Germany, antitrust (...)

The German Federal Cartel Office blocks a joint‐venture for the creation of an online video on demand platform by the two leading German TV broadcasters (RTL / Pro7Sat1)
NOCON
I. Transaction RTL and Pro7Sat1 planned to set up an online video on demand (VOD) platform which allows users toaccess and watch professional video content. The concept of the platform was to provide content that has already been transmitted on TV and can be accessed free of cost for seven (...)

The EU Commission prohibits the proposed merger between two Greek airlines companies as it would have resulted in a quasi-monopoly on the Greek air transport market (Aegean Airlines / Olympic Air)
Merger: main developments between 1 January and 30 April 2011* The European Commission has prohibited on 26 January the proposed merger between Aegean Airlines and Olympic Air, as it would have resulted in a quasi-monopoly on the Greek air transport market. This would have led to higher fares (...)

The Polish Competition Authority prohibits a merger in the energy sector (PGE and Energa)
Hogan Lovells (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 Italian Supreme Administrative Court sets aside a decision of the NCA imposing a fine for failure to comply with a decision prohibiting a merger (Tetra Pak)
European Commission (Brussels)
I. Introduction By judgment of 29 December 2010, the Consiglio di Stato (Italian Supreme Administrative Court, the «Court») set aside a decision of 29 July 2004 (the «Decision») by which the Italian Competition Authority (the «ICA») had imposed a fine on Tetra Pak International S.A. («Tetra Pak») (...)

The Düsseldorf Court of Appeals overturns a Bundeskartellamt merger prohibition addressing the issue of future potential competition’s test under German law (Neue Pressegesellschaft, Zeitungsverlag Schwäbisch Hall)
Heinz & Zagrosek (Köln)
Court raises question on the test for considering future potential competition under German merger control rules* The case concerns the question under which conditions the possible future creation of potential competition can be considered to strengthen a dominant position under German merger (...)

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 EU General Court refuses to order interim measures in a case involving the air transportation sector addressing the issues of the implementation of a concentration and powers of the Commission under the EU Merger Regulation 139/2004 (Aer Lingus)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
The Aer Lingus Judgment – When non-implementation is implementation, or not* On 6 July 2010, the General Court rejected Ryanair’s appeal against the Commission’s 2007 prohibition of its hostile take-over of rival Irish airline Aer Lingus. On the same day, the Court also issued a much shorter (...)

The European Court of First Instance upholds the European Commission’s decision to prohibit a merger between two airlines companies (Ryanair/Aer Lingus, merger prohibition)
European Commission - DG ENER
Yes, we can (prohibit) – The Ryanair/Aer Lingus merger before the Court* I. Introduction In two judgments handed down on 6 July 2010, the General Court upheld the Commission’s June 2007 decision to prohibit the planned merger between Ryanair and Aer Lingus (Case T-342/07) and dismissed Aer (...)

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

The German Federal Court of Justice finds a merger lawful, reversing the Court of Appeal’s prohibition ruling (Phonak/GN Store)
Allen & Overy (Hamburg)
The German Federal Court of Justice (the Bundesgerichtshof or “BGH”) in its decision dated April 20, 2010 held that the intended acquisition by Swiss Phonak Holding (today Sonova Holding AG, hereinafter referred to as “Phonak”) of GN ReSound-Group (“GN ReSound”) from the Danish firm GN Store Nord A/S (...)

The Portuguese Competition Authority prohibits acquisition of ground handling services provider by an airline (TAP)
Van Bael & Bellis (Brussels)
According to a press release of 20 November 2009, the Portuguese Competition Authority has prohibited the acquisition by Portuguese airline TAP of Serviços Portugueses de Handling, a ground handling services provider. The Competition Authority held that Serviços Portugueses de Handling already (...)

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

The German Competition Authority clarifies its approach towards an alleged oligopoly on the German retail petrol markets in a decision prohibiting the acquisition of 59 gas stations in Saxony and Thuringia (Total / OMV)
Dentons (Berlin)
In the decision of 29 April 2009, the German Federal Cartel Office (“FCO”) prohibited the proposed acquisition of OMV Deutschland GmbH’s (“OMV”) 59 petrol stations located in Saxony and Thuringia by Total Deutschland GmbH (“Total”). The FCO founded in its decision that the concentration to strengthen (...)

The Irish High Court annuls the determination of the Competition Authority to block a merger in a landmark ruling (Kerry / Breeo)
London School of Economics
Notified acquisition Pursuant to sections 16 and 18 of the Competition Act 2002, which set out the duty to notify mergers or acquisitions which exceed stipulated thresholds to the Competition Authority (NCA), Kerry Group (Kerry) notified its intention to acquire Breeo Foods (Breeo) to the NCA (...)

The Chinese MOFCOM publishes sets of guidelines and regulations on merger review providing guidance on what counsels need to know about the China’s Anti-Monopoly Law
White & Case (Beijing)
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Mattel (Hong Kong)
China’s Anti-Monopoly Law (AML), which went into effect on 1 August 2008, establishes China as one of the world’s most important merger review authorities, along with the U.S. and EC. The Anti-Monopoly bureau (AMB) of China’s Ministry of Commerce (MOFCOM) recently shed light on how it will (...)

The UK Competition Appeal Tribunal rejects appeal against clearance of a merger in the bank sector (Lloyds TSB/HBOS)
Van Bael & Bellis (Brussels)
On 10 December 2008, the UK Competition Appeal Tribunal (CAT) ruled on an appeal against the decision of the Secretary of State for Business, Enterprise and Regulatory Reform, Lord Mandelson, to clear the proposed acquisition of UK banking group HBOS by competitor Lloyds TSB. In September 2008, (...)

The Higher Regional Court Düsseldorf upholds prohibition decision of the FCO in the hearing aid sector (Phonak / GN ReSound)
Van Bael & Bellis (Brussels)
In a recently published decision of 26 November 2008, the Higher Regional Court of Düsseldorf affirmed the decision of the Federal Cartel Office (“FCO”) prohibiting the Swiss hearing aid manufacturer Phonak Holding AG (“Phonak”) from acquiring its Danish competitor GN Store Nord AS(“GN ReSound”). (...)

The Higher Regional Court of Düsseldorf widens the scope of application of merger control law according to Sec. 37(1) N° 4 ARC while prohibiting a merger in the copper continuous casting industry sector (A-TEC - Norddeutsche Affinerie)
Gleiss Lutz (Munich)
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Milbank, Tweed, Hadley & McCloy (Munich)
On 12 November 2008, the German Higher Regional Court of Düsseldorf approved a decision of the German Federal Cartel Office (FCO) prohibiting the proposed acquisition of a 13.75% share in a company by a competitor. The case concerned the issue of whether, according to German law, a share (...)

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 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 Danish Competition Authority blocks a merger based on risk of coordination (J.F. Lemvig-Müller Holding A/S, Brdr. A&O Johansen)
Van Bael & Bellis (Brussels)
On 14 May 2008, the Danish Competition Council prohibited the acquisition by J.F. Lemvig-Müller Holding A/S of Brdr. A&O Johansen A/S. Both companies are active in Denmark on the wholesale markets for plumbing/heating materials and electricity materials sold to professional customers, i.e. (...)

The German Federal Cartel Office clarifies its approach to post-completion notifications of concentrations (Communication, 13 May 2008)
Freshfields Bruckhaus Deringer (Berlin)
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Freshfields Bruckhaus Deringer
On 13 May 2008, the German Federal Cartel Office (FCO) issued a communication in which it clarified the way it intends to deal with post-closing filings of notifiable concentrations. The FCO clearly states that, in the future, it will not deal with such late notifications within its normal (...)

The Estonian Competition Authority issues its first merger prohibition taking into account both previous acquisitions and potential future acquisitions in the pharmacy services sector (Terve Pere Apteek/Saku Apteek)
Jesse & Kalaus Attorneys
On 8 May 2008, the Director General of the Estonian Competition Authority (hereinafter the “ECA”) adopted a decision on the prohibition of the proposed acquisition of control over OÜ Saku Apteek (hereinafter “Saku Apteek”) by Terve Pere Apteek OÜ (hereinafter “TPA”). Since this is the first decision (...)

A German Court annuls a Competition Authority’s decision prohibiting a merger in the healthcare sector (University Hospital of Greifswald and Regional Hospital of Wolgast)
Van Bael & Bellis (Brussels)
On 7 May 2008, the Higher Regional Court of Düsseldorf quashed a decision of the German Federal Cartel Office prohibiting the merger between the university hospital of Greifswald and the regional hospital of Wolgast. The Düsseldorf Court applied the recent case law of the German Federal Court of (...)

A German Minister overrules on public interest grounds the FCO’s prohibition of a merger in the hospital sector (University hospital Greifswald, Regional hospital Wolgast)
Van Bael & Bellis (Brussels)
On 17 April 2008, the German Federal Minister of Economics and Technology approved the merger between the university hospital Greifswald and the regional hospital Wolgast, thereby overruling the German Federal Cartel Office’s (FCO) prohibition of the transaction in December 2006. Under German (...)

The German FCO finding “competitively significant influence” arising from acquisition of less than 14% shareholding in copper company prohibits transaction (A-TEC Industries, Norddeutsche Affinerie)
Van Bael & Bellis (Brussels)
According to a press release of 10 April 2008, the German Federal Cartel Office (FCO) prohibited A-TEC Industries’ acquisition of a 13.75% shareholding in Norddeutsche Affinerie, holding that the transaction created a dominant position on a market for a particular kind of oxygen-free copper (...)

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 German Federal Cartel Office prohibits the acquisition of a minority shareholding of 13.75% and orders the divestiture after merger completion (A-TEC Industries - Norddeutsche Affinerie)
Freshfields Bruckhaus Deringer (Berlin)
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Freshfields Bruckhaus Deringer
On 27 February 2008 the German Federal Cartel Office (FCO) prohibited the acquisition by A-TEC Industries AG (A-TEC), a Vienna-based international industrial group, of 13.75 % of the shares in Norddeutsche Affinerie AG (NA), a publicly listed German manufacturer and recycler of copper. Since (...)

The German Federal Court of Justice confirms a merger prohibition decision and the Court’s and NCA’s assesment of the hospital sector (Rhön-Klinikum/Rhön-Grabfeld)
Blomstein
Background In March 2005, the German Federal Cartel Office (FCO) for the first time blocked a hospital merger. The case concerned the acquisition of the district hospital in Bad Neustadt by Rhön-Klinikum AG , one of the largest privately held German hospital operators with more than 40 (...)

The UK Competition Commission requires broadcasting group to sell down its minority stake in rival (BSkyB/ITV)
Fangda Partners (Hong Kong)
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McCann FitzGerald (Dublin)
Background In November 2006 BSkyB (“Sky”), the leading pay TV-provider in the UK, purchased a 17.9% stake in ITV, one of the leading commercial free to-air broadcasters in the UK. The timing of the purchase was widely commented on given that it came within days of NTL announcing a possible (...)

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 (Brussels)
"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 German Federal Court of Justice finds that merger prohibition decisions can still be appealed even after the parties abandoned the transaction (Springer, ProSiebenSat.1 Media)
Van Bael & Bellis (Brussels)
In a recently published judgment of 25 September 2007, the German Federal Court of Justice (BGH) annulled a decision of the Higher Regional Court of Düsseldorf which rejected an appeal against a prohibition decision of the German Federal Cartel Office (FCO) because the parties had already (...)

The Federal Supreme Court of Germany and the Düsseldorf Court of Appeals overrule the Federal Cartel Office’s prohibition and dissolution of a merger in the market for cartridges in the construction and industrial sector and fittings for medical and dental treatments (Sulzer, Kelmix and Werfo)
NERA (Berlin)
Transaction and Parties Sulzer Markets & Technology AG intended to acquire 75,1% of Kelmix Holding AG , 76% of Werfo AG, 76% of Mold AG and 100% of the founder’s rights of Mold Anstalt. Sulzer and Kelmix manufacture, among other things, two-component cartridges used for the filling of (...)

The Russian Federal Antimonopoly Service blocks various acquisitions of Russian companies (Siemens/Power Machines - Rexam/Rostar - Aker Kvaerner/Astrakhan Korabel)
Freshfields Bruckhaus Deringer (Moscow)
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Freshfields Bruckhaus Deringer
The Russian Federal Antimonopoly Service (FAS) has recently refused to approve various acquisitions of Russian companies by concluding that the acquisitions will limit competition in the relevant Russian market. An overview of the blocked deals is set out below. Siemens / Power Machines (...)

A German Court specifies the requirements and the procedure for granting an exemption to the merger non-consummation rule before NCA clearance (Phonak/GN ReSound)
Angermann
Facts of the case A Swiss undertaking and a Danish one, both producing technology for hearing aids, intended to merge, and notified the concentration to the German competition authority, the Federal Cartel Office (FCO), due to the facts that the participating undertakings reached the turnover (...)

The European Commission prohibits a merger between two airlines companies (Ryanair/Aer Lingus)
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European Commission - DG COMP (Brussels)
"Merger control: Main developments between 1 May and 31 August 2007"* On 27 June the Commission took the decision to prohibit the proposed takeover by Ryanair of Aer Lingus. Ryanair is an Irish-based “low-cost” airline, offering point-to-point scheduled air transport services on more than 400 (...)

The European Commission prohibits a merger in the airline sector for the first time (Ryanair/Aer Lingus)
European Commission - DG ECFIN
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European Commission - DG ENER
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European Commission - DG COMP (Brussels)
"Ryanair/Aer Lingus: Even “low-cost” monopolies can harm consumers"* I. Introduction The Ryanair/Aer Linguscase, which concerned a proposed merger of the two leading airlines operating from Ireland, raised a number of interesting procedural, legal and economic questions and required a (...)

The EU Commission prohibits a merger in the airline industry using econometric and survey evidence to assess the non-coordinated effects of the merger (Ryanair / Aer Lingus)
European Commission - DG COMP (Brussels)
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Compass Lexecon (Brussels)
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European Commission - DG COMP (Brussels)
"Econometric and survey evidence in the competitive assessment of the Ryanair-Aer Lingus merger"* I. Introduction Recently, the Commission prohibited the hostile takeover by Ryanair of Aer Lingus. The facts of this case differ from previous airline mergers assessed by the European Commission. (...)

The Latvian Competition Council prohibits a merger founding that it would strengthen the dominant position in two geographically distinct markets of towing services in port (Ostas Flote and PKL)
PwC (Riga)
On June 27, 2007, the Latvian Competition Council (CC) prohibited a merger between Ostas Flote and PKL. The proposed merger structure would involve creation of a new company which would take over businesses of both companies. The CC found that a merger between the parties would strengthen the (...)

The German competition authority rejects the failing firm defence and prohibits a merger between two hospital (Mariahilf / Asklepios)
Berlin Freie Universität
I. Background LBK Hamburg GmbH (LBK) is a leading supplier of hospital services in the city of Hamburg. Seven hospitals that stood originally in the sole sponsorship of the city of Hamburg are combined within the LBK. Since a partial privatisation in 2004 LBK is jointly controlled by the (...)

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 German competition authority prohibits the acquisition of the hearing aid business in spite of proposed remedies (Phonak / GN ReSound)
Berlin Freie Universität
I. Background The hearing aid producer Phonak (market share 20-25%) intended the acquisition of its competitor GN ReSound, the fourth largest producer (market share 5-10%). Other strong competitors are Siemens (market share 32,5-37,5%) and Oticon (market share 20-25%). In Germany the three (...)

A German court confirms application of merger rules to public hospital operators holding them as economic undertakings (German public hospitals)
Angermann
Summary of the case The judgement of the appellate court Düsseldorf, which was delivered on the 11th of April 2007, decides the challenge of a decision of the Federal Cartel Office regarding a merger between two private companies that operate several public hospitals that are part of the legal (...)

The Slovak Competition Authority, after having obtained an Art. 9 ECMR referral, prohibits a merger cleared by the EC Commission for its Czech side in spite of proposed remedies (Tesco/Carrefour)
PRK Partners (Bratislava)
Slovak Competition Authority (Protimonopolný úrad, 29 December 2006, Decision 2006/FH/3/1/146, Tesco/Carrefour In September 2005 Tesco and Carrefour announced an asset swap deal involving stores and operations in the Czech Republic, Slovakia and Taiwan. In Slovakia the transaction involved four (...)

The German Federal Cartel Office vetoes a merger of two public hospitals (Greifswald University Hospital/Wolgast Hospital)
Freshfields Bruckhaus Deringer (Berlin)
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Freshfields Bruckhaus Deringer (Berlin)
Federal Cartel Office (Bundeskartellamt), 23 March 2005, Rhön-Klinikum AG, Landkreis Rhön-Grabfeld, Decision B10 - 123/04 Federal Cartel Office (Bundeskartellamt), 23 March 2005, Rhön-Klinikum AG, Krankenhaus Eisenhüttenstadt GmbH, Stadt Eisenhüttenstadt, Decision B10 - 109/04 Federal Cartel (...)

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 German Federal Cartel Office prohibits a US-US merger in the laser area cleared by the US Department of Justice, showing its reluctance to apply a more effects-based short-term approach instead of a rather long-term structural approach (Coherent / Excel)
Gleiss Lutz (Munich)
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Milbank, Tweed, Hadley & McCloy (Munich)
On 25 October 2006, the German Federal Cartel Office prohibited the proposed merger between the two American companies Coherent, Inc. (Coherent) and Excel Technology, Inc. (Excel), each a market leader in the laser area . Facts Coherent is an American company, listed on the US stock exchange, (...)

The German Federal High Court holds that the de minimis condition of merger control does not apply (i) if there are related markets which are not de minimis, or (ii) if the sum of geographically related markets is not de minimis (Deutsche Bahn/KVS Saarlouis)
CRA International (London)
Summary The Bundesgerichtshof (Federal High Court) decided in the context of an appeal against a blocked merger between the local transport arm of Deutsche Bahn and regional transport company KVS, which operates in the Saar Region. The parties appealed against the Bundeskartellamt (Federal (...)

The Portuguese Competition Authority blocks a merger in the highways operation sector but the Minister of Economy finally overturns the Competition Authority’s decision (AEA / Brisa - AEO)
Cuatrecasas, Goncalves Pereira (Lisbon)
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Cuatrecasas, Goncalves Pereira (Lisbon)
NB: This case is referrenced under two different dates: 7 April 2006 for the NCA’s decision, and 7 June 2006 for the Minister’s decision. The comment below concerns these two decisions. On 24 March 2005, Brisa - Auto-Estradas de Portugal, S.A. (“Brisa”), through its wholly-owned subsidiary Via (...)

The Portuguese Competition Authority blocks a merger in the highways operation sector but the Minister of Economy finally overturns the Competition Authority’s decision (AEA / Brisa - AEO)
Cuatrecasas, Goncalves Pereira (Lisbon)
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Cuatrecasas, Goncalves Pereira (Lisbon)
NB: This case is referrenced under two different dates: 7 April 2006 for the NCA’s decision, and 7 June 2006 for the Minister’s decision. The comment below concerns these two decisions. On 24 March 2005, Brisa - Auto-Estradas de Portugal, S.A. (“Brisa”), through its wholly-owned subsidiary Via (...)

The Spanish Council of Ministries conditionally clears a merger in the natural gas sector, in spite of the Spanish Competition Authority’s opinion to block the transaction (Gas Natural/Endesa)
PwC (Madrid)
The operation The operation involved the acquisition of Endesa by Gas Natural. Gas Natural is the largest vertically integrated gas operator in Spain. in the Spanish electricity sector, Gas Natural has activities in the markets for generation and retailing to free customers. Gas Natural also (...)

The Portuguese Competition Authority blocks a merger in the market for passenger road and rail public transport service in spite of proposed remedies (ATMS - Arriva Transportes da Margem Sul / Barraqueiro SGPS - Arriva Investimentos SGPS)
Cuatrecasas, Goncalves Pereira (Lisbon)
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Entidade Nacional para o Mercado dos Combustíveis, E.P.E. (Portuguese National Entity for Fuel Market)
The present concentration was the first decision from the Competition Authority (“AdC”) prohibiting a merger in Portugal. It was notified to the AdC on 22 November 2004 and consisted of the acquisition of joint control by Barraqueiro SGPS, S.A. (“Barraqueiro”) and Arriva Investimentos SGPS, S.A. (...)

The Norwegian Ministry of Government Administration and Reform cleared subject to a behavioural remedy a merger previously prohibited by the NCA (Swarco/Peek)
Ernst & Young
The operation On 28 August 2004, the Norwegian Competition Authority (NCA) was notified of the acquisition of Peek Trafikk AS by Swarco Norge AS. Swarco distributes and operates traffic-actuated control systems. Peek distributes and operates traffic-actuated control systems and parking (...)

The Hungarian Competition Office clears a merger in the daily newspapers market subject to remedies including tying prohibition and price control, the transaction having been previously prohibited by the NCA and then subject to a new assesment following Court’s judgement (Tabora/Népszabadság)
lakatos, koves and partners
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lakatos, koves and partners
In 2003, a member of the Ringier group, B.V. Tabora (Tabora), which held 49.97 per cent of the shares in Népszabadság, one of the largest daily newspapers in Hungary, acquired through share swap another 17.68 per cent stake in Népszabadság, thus holding a total of 67.65 per cent. Tabora requested (...)

The EU Court of Justice issues ruling against the prohibition decision imposing a duty on the Commission to exercise much greater care in the examination of complex mergers with potential conglomerate effects (Tetra Laval / Sidel)
Sheppard Mullin (Del Mar)
European Court Raises Bar On The European Commission’s Use Of Novel Theories In Merger Cases* On February 15, 2005, the European Court of Justice (“ECJ”) rejected an appeal by the European Commission against the judgment of the Court of First Instance (“CFI”), annulling the Commission’s decision (...)

The European Court of Justice rules on the standard of judicial review in merger cases and clarifies the burden of proof upon the Commission in conglomerate mergers cases (Tetra Laval/Sidel)
WilmerHale (Brussels)
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WilmerHale (Brussels)
On 15 February 2005, the European Court of Justice (ECJ) dismissed the European Commission’s appeal in the Tetra Laval/Sidel merger case. The ECJ’s judgment establishes two significant principles that apply beyond the facts of this particular case: • The judgment confirms that the Court of First (...)

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 (Brussels)
"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 UK Competition Commission concluded that the only effective remedy in relation to a proposed merger in the construction sector was to prohibit the merger (Knauf/Superglass)
Serle Court
The operation Knauf Insulation Limited (“Knauf”) is a producer of insulation materials for use in the construction industry. Superglass Insulation Limited (“Superglass”) is also engaged in the production of insulation materials for use in the construction industry. The proposed merger relates to (...)

The German Federal Cartel Office prohibits a merger in the residential furnishings sector while giving guidance on the question of representativeness of market surveys and restricting the scope of application of the de minimis exemption (AGRO)
Gleiss Lutz (Munich)
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Milbank, Tweed, Hadley & McCloy (Munich)
On 29 September 2004 the German Federal Cartel Office prohibited the proposed merger between the American company Leggett & Platt, Inc. (L&P), a manufacturer and distributor of inter aliaresidential furnishings, and AGRO Federkernproduktions GmbH (AGRO), a German manufacturer of (...)

The Italian Antitrust Authority fines the global leader of packaging for liquids and semi-liquids for having failed to comply with a decision prohibiting the acquisition of a company (Tetra Pack - Emilcarta/Agrifood Machinery)
Ashurst
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Legance - Studio Legale Associato
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Legance - Studio Legale Associato
Background With decision n. 13459 of 29 July 2004, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, hereinafter “Authority”) has imposed a fine of € 95 million on Tetra Pak International S.A. (“Tetra Pak”), the global leader in the manufacture of packaging for (...)

The Italian Antitrust Authority fines EUR 95 M an undertaking for having failed to comply with a decision prohibiting the acquisition of a company based on the notion of de facto control (Tetra Pack - Emilcarta/Agrifood Machinery)
Ashurst
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Legance - Studio Legale Associato
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Legance - Studio Legale Associato
Background With decision n° 13459 of 29 July 2004, the Autorità Garante della Concorrenza e del Mercato (Italian Competition Authority, hereinafter “Authority”) has imposed a fine of € 95 million on Tetra Pak International S.A. (“Tetra Pak”), the global leader in the manufacture of packaging for (...)

The Austrian Cartel Court clears a merger of outdoor advertising companies, subject to behavioural and structural remedies including merger prohibition for 2.5 years in the relevant market (Saria/Medicur/Dr Schuster)
NERA (Berlin)
The operation Saria Holding AG (Saria) and Medicur Holding Gesellschaft mbH (Medicur) notified their proposal to acquire Dr Heinrich Schuster Werbung and Heimatwerbung (Dr Schuster) to the Federal Competition Authority (BWB).The BWB referred the acquisition to the Austrian Cartel Court (OLG.) (...)

The European Commission clears, subject to remedies and obligations, the acquisition by a Swiss-based packaging group of the French packaging company after the European Court of First Instance annulled its first decision to prohibit the merger (Tetra Laval/Sidel II)
European Commission - DG ECFIN
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European Commission - DG COMP (Brussels)
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European Commission - DG GROW
"Merger Control: Main developments between 1st January 2003 and 30th April 2003"* On 13 January 2003, the Commission decided not to oppose the acquisition by Tetra Laval B.V., which belongs to the Swiss-based Tetra Laval Group, the owner of the Tetra Pak packaging businesses, of the French (...)

The European Court of First Instance annuls the Commission’s decision declaring as incompatible with the common market a merger between Swiss-based packaging company mainly active in carton packaging, with a French packaging company mainly active in plastic PET packaging equipment (Tetra Laval/Sidel)
European Commission - DG ECFIN
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European Commission - DG COMP (Brussels)
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European Commission - DG GROW
"Merger Control: Main developments between 1st September 2002 and 31st December 2002"* On 25 October 2002, the Court of First Instance (CFI) delivered its ruling in case T-5/02, Tetra Laval v Commission, and annulled the Commission’s Decision of 30 October 2001 declaring as incompatible with (...)

The EU Court of First Instance annuls the Commission’s decision to prohibit a merger between two UK based holiday tour operators (Airtours / First Choice)
European Commission - DG ECFIN
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European Commission - DG COMP (Brussels)
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European Commission - DG GROW
"Merger Control: Main developments between 1st May 2002 and 31th August 2002"* On 6 June 2002 the European Court of First Instance (CFI) annulled the Commission’s decision to prohibit a merger between Airtours and First Choice, two UK based holiday tour operators. Though the Commission had (...)

The Spanish Supreme Court annuls a merger prohibition decision in the local bus transport sector as the operation was already tacitly cleared (Salcai/Utinsa)
Cuatrecasas, Goncalves Pereira (Madrid)
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Cuatrecasas, Goncalves Pereira (Madrid)
On April 1, 2002, in the case Salcai/Utinsa, the Spanish Supreme Court (Tribunal Supremo, TS) for the first time annulled completely a decision adopted by the Council of Ministers regarding the prohibition of a merger. Background The parties involved in the merger were two local transport (...)

The German Competition Authority prohibits planned acquisition of broadband cable networks (Deutsche Telekom / Liberty Media)
German Competition Authority (Bonn)
Bundeskartellamt prohibits planned Liberty Media/KDG merger* The Bundeskartellamt has prohibited Liberty Media’s planned acquisition of Deutsche Telekom AG’s (KDG) broadband cable networks. The merger would strengthen dominant positions in the supply market for broadcasting signals to final (...)

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 deems that the proposed merger would impinge on the competition conditions on several markets in the sector for cable network communication (Liberty Media / KDG)
German Competition Authority (Bonn)
Bundeskartellamt issues warning regarding the Liberty Media/KDG merger project* According to the preliminary assessment of the Bundeskartellamt, the planned merger of Liberty Media/KDG (acquisition of broadband cable networks of Deutsche Telekom AG inter alia) would strengthen dominant (...)

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 (Brussels)
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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 European Commission adopts a decision setting measures for the separation of Swiss-based company from French company, both active in the packaging industry, following its decision to prohibits the merger (Tetra Laval/Sidel)
European Commission - DG ECFIN
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European Commission - DG COMP (Brussels)
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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 adopted a decision setting measures for the separation of the Swiss-based Tetra Laval from the French company Sidel through the divestiture of Tetra‘s shareholding in Sidel. This (...)

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 Netherlands Competition Authority imposes fines on post service major companies for providing incomplete information regarding a proposed takeover (Correct Express Beheer)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Issues Fines Due to Incorrect Notification of a Merger* The Director-General of the Netherlands Competition Authority (NMa) has imposed the maximum fine of NLG 50,000 on both Deutsche Post International B.V. and Trans-o-flex Schnell-lieferdienst GmbH. These fines have been imposed because (...)

The European Commission prohibits a merger in the packaging industry (Tetra Laval/Sidel)
European Commission - DG COMP (Brussels)
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Financial Conduct Authority (FCA)
"Merger Control: Main developments between 1st September 2001 and 31st December 2001"* On 30.10.2001 the Commission prohibited the acquisition by Tetra Laval B.V., which belongs to the Swiss-based Tetra Laval Group, the owner of the Tetra Pak packaging businesses, of the French company Sidel (...)

The European Commission prohibits an acquisition in the fibers sector (CVC/Lenzing)
European Commission - DG COMP (Brussels)
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Financial Conduct Authority (FCA)
"Merger Control: Main developments between 1st September 2001 and 31st December 2001"* The European Commission prohibited the planned acquisition by CVC Capital Partners Group Ltd (CVC) of Lenzing AG, an Austrian man-made fibres manufacturer. CVC already controls Acordis, Lenzing’s principal (...)

The European Commission prohibits the merger between the two main French manufacturers of electrical equipment (Schneider/Legrand)
European Commission - DG COMP (Brussels)
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Financial Conduct Authority (FCA)
"Merger Control: Main developments between 1st September 2001 and 31st December 2001"* The proposed merger between Schneider Electric and Legrand, the two main French manufacturers of electrical equipment, was prohibited on 10 October 2001. The Commission’s investigation showed that there were (...)

The German Competition Authority prohibits the concentration plans that would have led to firms involved gaining dominant positions on certain markets in the wholesale pharmaceutical sector (Sanacorp / Andreae-Noris Zahn)
German Competition Authority (Bonn)
Bundeskartellamt prohibits Sanacorp/Andreae-Noris Zahn concentration* The Bundeskartellamt has prohibited the concentration plans of Sanacorp e.G. Pharmazeutische Grosshandlung, Planegg, (turnover in Germany approximately DM 3.89 billion) to acquire a majority holding in Andreae-Noris Zahn AG, (...)

The European Commission prohibits a proposed acquisition after an in-depth investigation in the markets for aero-engines, avionics and other aircraft components and systems (Honeywell / GE)
Leroy Merlin
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US Federal Trade Commission (FTC) (Washington)
A Merger Denied, 13 years later: The GE/Honeywell Saga* Through COMESA, a regional organization on which this resource has published extensively, African countries have made a significant foray into cross-border merger control. As the world’s competition regimes continue to proliferate, a (...)

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 German Competition Authority informs the companies of its intention to prohibit the merger project that would lead to a strengthening of a dominant position on the domestic flight market (Lufthansa / Eurowings)
German Competition Authority (Bonn)
Bundeskartellamt criticises Lufthansa-Eurowings merger* Examinations undertaken so far show that Lufthansa’s acquisition of shares in Eurowings would lead to a strengthening of its dominant position on the domestic flight market in Germany. The possible positive effects on competition in the (...)

The European Commission blocks the proposed takeover of Finnish tissue paper manufacturer by its Swedish competitor (Mölnlycke/Metsä Tissue)
European Commission - DG ECFIN
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European Commission - DG COMP (Brussels)
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Financial Conduct Authority (FCA)
"Merger Control: Main developments between 1st January 2001 and 30th April 2001"* On 31 January 2001, the Commission blocked the proposed takeover of Finnish tissue paper manufacturer Metsä Tissue by its Swedish competitor SCA Mölnlycke on competition grounds. This was only the 14th time that (...)

The Italian Competition Authority clears a merger in the media sector with behavioural remedies, including granting of non-discriminatory access (Seat Pagine Gialle/Cecchi Gori Communications)
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Chiomenti (Rome)
The operation On 23 January 2001, the Competition Authority authorized with conditions the acquisition by Seat Pagine Gialle S.p.A. of Cecchi Gori Communications S.p.A. by way of purchase of shares. SEAT Seat Pagine Gialle S.p.A. (SEAT) is an Italian company belonging to the Telecom Italia (...)

The Dutch Competition Authority decides after an initial investigation that a dominant position could emerge or be strengthened on the market for the sale of daily consumer goods through supermarkets as a result of the planned merger (Schuitema / Sperwer)
Netherlands Authority for Consumers & Markets (The Hague)
NMa to Investigate Further the Merger of Schuitema and Sperwer* The Dutch Competition Authority (NMa) today decided that a licence is required for the merger of the supermarket organisations Schuitema and Sperwer. After an initial investigation, NMa concluded provisionally that a position of (...)

The European Commission conditionally clears a merger in the travel sector (Preussag/Thomson Travel Group)
Service européen pour l’action extérieure (EEAS)
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Financial Conduct Authority (FCA)
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European Commission - DG COMP (Brussels)
"Merger Control: main developments between 1st May 2000 and 31st August 2000"* The acquisition by German company Preussag AG of UK travel company Thomson Travel Group Plc raised serious concerns about the creation of a collective dominant position in the UK market for short-haul foreign (...)

The European Commission prohibits the merger between two US telecommunications companies (MCI WorldCom/Sprint)
Service européen pour l’action extérieure (EEAS)
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Financial Conduct Authority (FCA)
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European Commission - DG COMP (Brussels)
"Merger Control: main developments between 1st May 2000 and 31st August 2000"* The Commission decided to prohibit the merger between US telecommunications firms MCI WorldCom Inc and Sprint Corp as it would have resulted in the creation of a dominant position in the market for top-level (...)

The French Minister of Economics prohibits a merger in the market of soft drinks despite long duration proposed remedies (Coca-Cola/Orangina)
French Competition Authority (Paris)
The operation By the present transaction, TCCC, a major brand owner and global supplier of soft drink including Coca-Cola notified the acquisition of the Orangina trademak. Following the negative opinion given by the French competition council, the merger was prohibited by the Minister. The (...)

The EU Court of First Instance confirms the Commission’s decision prohibiting a merger in the platinum and rhodium markets (Impala Platinum / Gencor / Lonrho)
European Commission - DG GROW
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European Commission - DG CLIMA
"Comment on the Judgement of the Court of First Instance of 25 March 1999 in the merger case IV/M.619 - Gencor/Lonrho"* Gencor is a South African mining group controlling the South African platinum mining company Impala Platinum (“Implats”). Lonrho is a British company with interests in two (...)

The European Commission prohibits mergers in the German pay-tv sector (Bertelsmann/Kirch/Premiere and Deutsche Telekom/Betaresearch)
European Commission - DG TRADE
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"Mergers : Recent Developments and Important Decisions"* Major Phase II decisions concerned two proposed concentrations in the German pay-tv sector. In a first step CLT-UFA, a joint venture between Bertelsmann AG and Audiofina SA, and Kirch, the leading supplier of cinema films and TV (...)

The European Commission prohibits the acquisition by leading retail operator in the Netherlands of toys outlets (Blokker/Toys ‘R’ Us)
European Commission - DG COMP (Brussels)
"Merger : Summary of the most important recent developments"* On 26th June, the Commission decided that the acquisition by Blokker in February 1997, of the “mega” stores operated in The Netherlands by Toys ‘R’ Us would lead to the strengthening of Blokker‘s dominant position in the Dutch market of (...)

The European Commission conditionally clears a merger in the markets for platinum group metals, requiring for the first time the transfer and possible disposal of shares in a quoted company as a remedy (Anglo American Corporation/Lonrho)
European Commission - DG COMP (Brussels)
"Merger : Summary of the most important recent developments"* After the prohibition decision of 24th April 1996 in the case IV/M.619 - Gencor/Lonrho, a decision under Article 8 was applied for the second time to the markets for platinum group metals. The first operation was rejected by the (...)

The European Commission prohibits the creation of a joint-venture in the silicon carbide sector (Saint-Gobain/Wacker-Chemie/NOM)
European Commission - DG GROW
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European Commission - DG COMP (Brussels)
"Mergers - Summary of the most important recent developments"* The second prohibition decision concerned the creation of a joint venture in the silicon carbide sector between Société Européenne des Produits Réfractaires (SEPR), belonging to the Saint-Gobain group, Elektroschmelzwerk Kempten (ESK), (...)

The European Commission prohibits a merger in the daily consumer goods sector between two Finnish companies considering that the operation would likely create a dominant position (Kesko/Tuko)
European Commission - DG GROW
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European Commission - DG COMP (Brussels)
"Mergers - Summary of the most important recent developments"* On 20th November 1996 the Commission decided that the acquisition of Tuko by Kesko, two Finnish companies active in the sale of daily consumer goods in Finland, was incompatible with the common market. The Commission’s examination (...)

The UK Secretary of State for Trade and Industry prohibits a proposed concentration in the wholesale and retail of pharmaceutical products, after referral of the case by the European Commission (GEHE/Lloyds)
European Commission - DG GROW
"Mergers : Summary of the most important recent developments"* On 22nd March 1996, the Commission decided that the public bid by GEHE for Lloyds Chemists should be referred to the UK Competition Authorities for further investigation. At that time, Lloyds was already subject to a bid by (...)

The European Commission prohibits a joint venture in the Dutch television market (RTL/Veronica/Endemol)
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DG REGIO Regional and urban policy
"Mergers Summary of the most important recent developments"* The Commission decided that the Dutch tv joint venture Holland Media Groep SA (HMG) cannot be approved under the EC Merger Regulation. As a result the creation of HMG has been declared incompatible with the common market. HMG is a (...)

The EU Commission prohibits the creation of a joint venture intended to transmit satellite TV programs to cable TV operators and households receiving satellite TV on their own dish (NSD)
DG REGIO Regional and urban policy
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European Commission - DG HR
"Mergers : summary of the most important recent developments"* On 19 July 1995 the Commission prohibited the NSD joint venture following a five-month investigation of the case. NSD was intended to transmit satellite TV programmes to cable TV operators and households receiving satellite TV on (...)

Procedures

The French Constitutional Council confirms the NCA’s ability to sanction companies breaching their merger remedies (Canal Plus)
Hewlett Packard (Boulogne-Billancourt)
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Fieldfisher (Paris)
In its decision dated 12 October 2012, the French Constitutional Council (“Conseil constitutionnel”) confirmed the constitutionality of the provisions of the French Commercial Code (“FCC”) relating to (i) the ability of the French Competition Authority to sanction companies having breached their (...)

The European Court of Justice annuls a General Court judgment concerning access to documents (Sweden v MyTravel and Commission)
Van Bael & Bellis (Brussels)
In a judgment of 21 July 2011, the European Court of Justice annulled a judgment of the General Court, which upheld a decision by the European Commission refusing access to certain documents in the Airtours/First Choicecase file. In 1999, Airtours launched a bid to acquire First Choice, a (...)

The European Court of First Instance rejects damages claim for losses suffered as a result of the annulment of the Commission’s decision to prohibit a merger (MyTravel)
Van Bael & Bellis (Brussels)
On 9 September 2008, the Court of First Instance ("CFI") dismissed in its entirety the damages action brought by MyTravel (formerly Airtours) for losses resulting from its inability to complete its bid for First Choice as a result of the Commission’s prohibition of the Airtours/First (...)

The President of European Court of First Instance dismisses request for interim measures by a low-cost airline (Aer Lingus)
Van Bael & Bellis (Brussels)
In an order of 18 March 2008, the President of the European Court of First Instance (CFI) dismissed a request for interim measures brought by Aer Lingus in its appeal against a European Commission decision finding that it had no power to require Ryanair to divest its minority stake in Aer (...)

The European Court of First Instance introduces an expedited (’fast-track’) procedure for certain cases, including in particular merger cases
Herbert Smith Freehills (Brussels)
"Judicial review and merger control: The CFI’s expedited procedure"* 1. Introduction The recent introduction by the Court of First Instance (CFI) of an expedited (’fast-track’) procedure for certain cases, including in particular merger cases, has been greeted positively by the business and (...)

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