Market definition in mergers

Mergers

The EU Commission clears a merger, subject to remedies, in the pharmaceutical market (Allergan Generics / Teva)
European Commission - DG COMP (Brussels)
Mergers: Commission approves acquisition of Allergan Generics by Teva, subject to conditions* The European Commission has approved under the EU Merger Regulation the proposed acquisition of the generics business of Allergan of Ireland, by Teva of Israel, subject to conditions. Both companies (...)

The EU Commission opens an in-depth investigation concerning a merger in the satellite and launch service markets (Arianespace / Airbus Safran Launchers)
European Commission - DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into ASL’s acquisition of Arianespace* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Arianespace by Airbus Safran Launchers (ASL) under the EU Merger Regulation. The Commission has concerns (...)

The EU Commission clears a merger, subject to remedies, on the market of consumable dental products for the professional dental (Dentsply /Sirona)
European Commission - DG COMP (Brussels)
Mergers: Commission approves Dentsply acquisition of dental equipment supplier Sirona, subject to conditions* The European Commission has approved under the EU Merger Regulation the proposed acquisition of dental equipment supplier Sirona by Dentsply, both of the US, subject to conditions. (...)

The UK Competition Authority accepts a remedy concerning a merger in the serviced office space market (Regus / Avanta)
UK Competition and Markets Authority (CMA) (London)
CMA accepts remedy in serviced office space merger* The Competition and Markets Authority has today accepted a remedy to resolve competition concerns arising from Regus’ acquisition of Avanta. The Competition and Markets Authority (CMA) announced on 18 November 2015 that it would consider in (...)

The French Competition Authority clears a merger in the market of production of programmes broadcast on television (Newen / TF1 and Newen)
French Competition Authority (Paris)
The Autorité de la concurrence clears the acquisition of joint control of Newen by TF1 and FIFL* On 27 November 2015, TF1 and FIFL notified the Autorité de la concurrence of the acquisition of joint control of the FLCP (Fabrice Larue Capital Partners) Group, for which the principal company, (...)

The French Competition Authority opens an in-depth investigation concerning a merger on in the advertising sector (Metrobus / JCDecaux)
French Competition Authority (Paris)
The Autorité de la concurrence has decided to open an in-depth examination of the acquisition of the Metrobus Group by the JCDecaux Group* On 23 November 2015, JCDecaux SA notified the Autorité of its proposed acquisition of the Régie Publicitaire des Transports Parisiens Metrobus Publicité SA (...)

The EU Commission clears a merger in the market of airline computer reservations systems (Amadeus / Navitaire)
European Commission - DG COMP (Brussels)
Mergers: Commission approves acquisition of Navitaire by Amadeus* The Commission approved under the EU Merger Regulation the acquisition of airline software provider Navitaire by rival Amadeus. The Commission concluded the companies’ IT solutions target different types of airlines and are (...)

The EU Commission clears a merger subject to remedies on the market of beverage can manufacturing (Ball / Rexam)
European Commission - DG COMP (Brussels)
Mergers: Commission approves Ball’s acquisition of Rexam, subject to conditions* Following an in-depth review, the Commission has approved under the EU Merger Regulation the acquisition of beverage can manufacturer Rexam by rival Ball, subject to the divestment of 12 plants in the EEA. Ten of (...)

The EU Commission opens an in-depth investigation concerning a merger in the market of oilfield service (Baker Hughes / Halliburton)
European Commission - DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into acquisition of oilfield service provider Baker Hughes by Halliburton* The European Commission has opened an in-depth investigation to assess whether the proposed acquisition of oilfield service supplier Baker Hughes by rival Halliburton (...)

The Lithuanian Competition Authority announces the entry into force of a new merger notification and examination procedure
Lithuanian Competition Authority (Vilnius)
New merger notification and examination procedure came into force in Lithuania* Lithuanian Competition Council (the Council) announced that the new Merger Notification and Examination Procedure (the Merger Procedure) had come into force on 1 January 2016. As of that date, all merger (...)

The French Competition Authority clears a merger concerning several retail markets (Charentes Alliance / Coréa cooperatives)
French Competition Authority (Paris)
Autorité de la Concurrence authorises the merger between the Charentes Alliance and Coréa cooperatives* On December 23rd 2015, the Charentes Alliance and Coréa cooperatives notified the Autorité that their organisations were planning to merge. Having undertaken a detailed analysis of the local (...)

The EU Commission clears a merger subject to remedies in the market of heating products (Elster / Honeywell)
European Commission - DG COMP (Brussels)
Mergers: Commission approves acquisition of Elster by Honeywell, subject to conditions* The European Commission has approved under the EU Merger Regulation the proposed acquisition of Elster by Honeywell, subject to divestment of Honeywell’s gas metering business. The activities of the Elster (...)

The EU Commission clears a merger in the market of commodity traders (Nyrstar / Trafigura)
European Commission - DG COMP (Brussels)
Mergers: Commission clears Trafigura’s acquisition of de facto sole control of Nyrstar* The European Commission has approved under the EU Merger Regulation the acquisition of sole control of Nyrstar of Belgium by Trafigura of the Netherlands. Trafigura is one of the world’s leading independent (...)

The EU Commission pursues its in-depth investigation on a merger in the mobile telecommunications services market without referral to the UK NCA (Hutchison / Telefónica UK)
European Commission - DG COMP (Brussels)
Mergers: Commission continues investigation of Hutchison 3G /Telefónica UK merger without referral to UK* Commission does not refer investigation of Hutchison/Telefónica UK merger to UK The European Commission has decided not to refer the planned acquisition of Telefónica UKby Hutchison to the (...)

The German Competition Authority clears a merger in the waste management market (Remondis / Cortek Group)
German Competition Authority (Bonn)
Remondis can acquire Cortek Group* In second phase proceedings the Bundeskartellamt has cleared the acquisition of the Cortek group by REMONDIS GmbH & Co. KG, Kloster Lehnin. The Cortek group includes the following companies: Cortek Gesellschaft für Recycling und Entsorgungsleistungen mbH, (...)

The EU Commission clears a merger between two semiconductors manufacturers (Avago / Broadcom)
European Commission - DG COMP (Brussels)
Mergers: Commission clears Avago’s acquisition of Broadcom* The European Commission has approved under the EU Merger Regulation the acquisition of Broadcom Corporation by Avago Technologies Limited. Both companies are global manufacturers of semiconductors. The Commission concluded that the (...)

The EU Commission approves the acquisition of a data centre operator by rival subject to the divestment of a number of data centres in Amsterdam, London and Frankfurt (Telecity / Equinix)
European Commission - DG COMP (Brussels)
Mergers: Commission clears acquisition of Telecity by Equinix, subject to conditions* The European Commission has approved the proposed acquisition of data centre operator Telecity by rival Equinix subject to the divestment of a number of data centres in Amsterdam, London and Frankfurt. The (...)

The EU Commission opens an in-depth investigation concerning a merger in the mobile telecommunications market (Hutchison / Telefónica UK)
European Commission - DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into Hutchison’s proposed acquisition of Telefónica UK* The European Commission will investigate in-depth Hutchison’s takeover of Telefónica UK. The European Commission has opened an in-depth investigation under the EU Merger Regulation to assess (...)

The UK Competition Authority provisionally clears a merger in the retail mobile market (BT / EE)
UK Competition and Markets Authority (CMA) (London)
CMA provisionally clears BT/EE merger* The Competition and Markets Authority (CMA) has provisionally cleared BT’s anticipated acquisition of EE. BT Group plc (BT) and EE Limited (EE) are large telecommunications companies in the UK. They operate largely in separate areas with BT strong in (...)

The French Competition Authority clears an acquisition in the overseas’s mobile telecom market (Iliad / Hiridjee)
French Competition Authority (Paris)
The Autorité de la concurrence clears the acquisition of joint control of Outremer Telecom’s mobile activities by Iliad alongside Hiridjee* The Autorité de la concurrence has reviewed the acquisition by Iliad of 50% of the capital of the company Telecom Reunion Mayotte, which will henceforth be (...)

The Portuguese Competition Authority clears a merger on the air transport market (TAP)
Portuguese Competition Authority (Lisbon)
AdC clears the acquisition of TAP* The Portuguese Competition Authority (PCA) adopted a clearance decision on the merger concerning the acquisition of joint control of the air transport undertaking TAP – Transportes Aéreos Portugueses, SGPS, S.A. by HPGB, SGPS, S.A. and DGN Corporation, through (...)

The German Competition Authority clears a merger on the market of high definition digital maps for cars (BMW, Daimler & Audi / HERE)
German Competition Authority (Bonn)
BMW, Daimler and Audi can aquire Nokia’s HERE mapping service* In the first phase of merger control the Bundeskartellamt has cleared the acquisition of the HERE mapping service, which until now has belonged to the Finnish Nokia Corporation, by a consortium of the German car manufacturers BMW, (...)

The EU Commission opens an in-depth investigation regarding a takeover in the mobile phone retail market (Liberty Global / BASE)
European Commission - DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into proposed acquisition of BASE Belgium by Liberty Global* The European Commission will investigate in-depth the Liberty Global/BASE Belgium takeover. The European Commission has opened an in-depth investigation under the EU Merger Regulation (...)

The German Competition Authority publishes a discussion paper on internet platforms in merger control, contractual restrictions of competition and abuse of dominance scenarios
Heinz & Zagrosek (Köln)
The FCO publishes discussion paper on internet platform markets* On October 1, 2015, the FCO published a paper entitled “Digital economy – internet platforms between competition law, privacy and consumer protection” on the occasion of a conference of the working group competition law (consisting (...)

The Latvian Competition Authority clears a merger on the dairy products market (Meridian Capital / SIA Rīgas piensaimnieks)
Competition Council of Latvia
The CC Clears Purchase of SIA Rīgas piensaimnieks* On 25 September, the Competition Council (CC) of Latvia cleared Meridian Capital CIS Fund purchase of SIA Rīgas piensaimnieks. In the decision, the competition authority foresees that such merger will not to distort competition and will develop (...)

The EU Commission opens an in-depth investigation concerning a merger in the office supplies market (Staples / Office Depot)
European Commission - DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into Staples’ proposed takeover of Office Depot* The European Commission will investigate in-depth the acquisition of office supplies distributor Office Depot by its competitor Staples. The European Commission has opened an in-depth (...)

The Finnish Competition and Consumer Authority clears a merger in the publishing and book retail market (Bonnier / Stockmann)
University of Helsinki
The Finnish Competition and Consumer Authority (FCCA) has cleared a merger where Bonnier Books Retail Finland, part of the Bonnier group, is acquiring the business operations of Academic Bookstore from department store operator Stockmann. Bonnier is a major publishing house which is also (...)

The UK Competition Authority considers merger remedies proposed by a supplier of legal information (Reed Elsevier / Jordan Publishing)
UK Competition and Markets Authority (CMA) (London)
CMA considers remedies in family law information merger* The CMA has decided to consider in detail whether to accept remedies offered by Reed Elsevier (UK) Limited. Earlier this month, the Competition and Markets Authority (CMA) announced that it would refer the anticipated acquisition by (...)

The EU Commission clears a merger subject to remedies in the radio frequency power transistors market (NXP / Freescale)
European Commission - DG COMP (Brussels)
Mergers: Commission approves NXP’s acquisition of Freescale, subject to conditions* The European Commission has approved the acquisition of Freescale by NXP, subject to divestment of NXP’s radio frequency power business, where the takeover could have led to higher prices and less competition. (...)

The German Competition Authority clears a merger on vehicle glass repair service market (Carglass / Junited Autoglas)
German Competition Authority (Bonn)
Bundeskartellamt clears merger between Carglass and junited AUTOGLAS* The Bundeskartellamt has cleared the acquisition of the "junited AUTOGLAS" network and three individual garages that offer vehicle glass repair services by Belron GmbH, Cologne, the parent company of Carglass GmbH. The (...)

The EU Commission opens an in-depth investigation regarding a merger in the market of packaging materials (Walki / Mondi)
European Commission - DG COMP (Brussels)
Commission opens in-depth investigation into acquisition of parts of Walki’s industrial packaging division by Mondi* The Commission has concerns that Mondi’s acquisition of two of Walki’s packaging plants could lead to less choice and higher prices for customers of certain packaging materials (...)

The German Competition Authority clears a merger, subject to remedies, in the market of automotive spare parts (Trost Auto Service Technik / Wessels & Müller)
German Competition Authority (Bonn)
Merger of wholesalers of automotive spare parts cleared subject to conditions precedent* fter an in-depth examination the Bundeskartellamt has cleared the acquisition of Trost Auto Service Technik SE, Stuttgart, by Wessels & Müller SE, Osnabrück, subject to conditions. Both companies sell (...)

The UK Competition Authority orders licensing remedy to meet concerns over horizontal unilateral effects resulting from a merger in the personal lubricants market (Reckitt Benckiser / Johnson & Johnson)
Herbert Smith Freehills (Brussels)
Introduction and background On 4 November 2015, the UK Competition and Markets Authority ("CMA") accepted final undertakings from Reckitt Benckiser Group plc ("RB") and Johnson & Johnson ("J&J") in relation to RB’s proposed acquisition from J&J of the K-Y brand of personal lubricant (...)

The Belgian Competition Authority conditionally approves merger in highly concentrated print magazines market (De Persgroep / Humo)
Simmons & Simmons (Brussels)
Conditional approval of media merger defuses the risk of four popular Dutch language magazines disappearing from the Belgian market. On 04 August 2015, and in the context of a Phase I procedure, the Competition College of the Belgian Competition Authority conditionally approved the acquisition (...)

The Belgian Competition Authority approves several acquisitions, subject to remedies, in the publishing market (De Persgroep / Humo)
Belgian Competition Authority (Brussels)
The Competition College of the Belgian Competition Authority has approved on 4 August 2015 the acquisition of Humo NV (publishers of the magazine Humo) and of the magazines Story, Teve-blad, and Vitaya by De Persgroep Publishing NV (publishers of newspapers and magazines with interests in (...)

The EU Commission open an in-depth investigation concerning a merger in the market of small package delivery, freight forwarding and cargo transportation services (TNT / FedEx)
European Commission - DG COMP (Brussels)
Commission opens in-depth investigation into proposed acquisition of TNT by FedEx* The European Commission has opened an in-depth investigation to assess whether the proposed acquisition of TNT Express by FedEx Corporation is in line with the EU Merger Regulation. Both companies are major (...)

The EU Commission clears a merger beetwen two mobile network equipment manufacturers (Nokia / Alcatel-Lucent)
European Commission - DG COMP (Brussels)
Commission approves Nokia´s acquisition of Alcatel-Lucent* The European Commission has approved under the EU Merger Regulation the proposed acquisition of Alcatel-Lucent by Nokia. Both companies are global providers of telecommunications equipment and related services. The Commission concluded (...)

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

The European Commission clears a merger in the market of turbo compressor engines (Dresser-Rand / Siemens)
European Commission - DG COMP (Brussels)
Commission approves acquisition of rotating equipment manufacturer Dresser-Rand by Siemens* The European Commission has approved under the EU Merger Regulation the proposed acquisition of rotating equipment manufacturer Dresser-Rand of the US by Siemens of Germany. Both companies supply turbo (...)

The US District Court for the District of Columbia grants the FTC a preliminary injunction to halt the proposed merger between the largest US food distributors, leading them to abandon the merger plans (Sysco / US Foods)
Constantine Cannon (Washington)
Sysco Scraps US Foods Merger After FTC Victory In Court* Sysco Corp. announced yesterday that it is abandoning its plans to acquire food service rival US Foods Inc., following last week’s setback to the deal in federal court. In an opinion that closely tracked the FTC/DOJ Merger Guidelines, (...)

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

The Belgian Competition Authority clears a merger on the markets for industrial scaffolding services and industrial isolation services already approved by the German and Dutch competition authorities (Hertel Holding / Altrad Investment Authority)
Belgian Competition Authority (Brussels)
On 8 June, the Competition College of the Belgian Competition Authority has, on proposal of the Competition prosecutor, cleared the acquisition of Hertel Holding NV by Altrad Investment Authority SAS* The acquisition concerns the markets for industrial scaffolding services and industrial (...)

The Croatian Competition Authority clears a merger in the electronic publishing market and in the electronic publishing advertising market (Adriatic Media / Sedam Mora)
Croatian Competition Agency
CCA clears electronic media merger between Sedam Mora and Adriatic Media* The CCA cleared in the first phase the acquisition of direct control of the undertaking Sedam Mora over the undertaking Adriatic Media given that its assessment proved that the concentration concerned would not produce (...)

The French Competition Authority clears a merger in the daily newspaper market (Libération and L’Express / Mr Drahi)
French Competition Authority (Paris)
The Autorité de la concurrence clears the acquisition of Libération, on the one hand, and L’Express on the other hand, by Mr. Patrick Drahi.* The Autorité de la concurrence clears the acquisition by Mr. Patrick Drahi of the daily newspaper Libération (held by NewsCo Group and PMP Holding), on the (...)

The UK Competition and Markets Authority clears a merger, following an in-depth investigation in the market of chilled savoury pastry (Pork Farms Caspian / Kerry Foods)
UK Competition and Markets Authority (CMA) (London)
CMA confirms clearance of Pork Farms/Kerry Foods merger* The CMA has today cleared the completed acquisition by Pork Farms Caspian of the chilled savoury pastry business of Kerry Foods. This confirms April’s provisional findings by the group of Competition and Markets Authority (CMA) (...)

The UK Competition and Markets Authority provisionally judges that an anticipated merger between pharmaceuticals enterprises could lead to higher prices in the personal lubricants market (Reckitt Benckiser / Johnson & Johnson)
UK Competition and Markets Authority (CMA) (London)
CMA sets out provisional concerns over lubricants merger* The CMA has provisionally found that Reckitt Benckiser’s anticipated acquisition of the K-Y brand could lead to higher prices for personal lubricants. Reckitt Benckiser (RB) and Johnson & Johnson (J&J) supply personal lubricants (...)

The Polish Competition Authority clears a merger in the market of production and retail of home appliances (FagorMastercook / BSH Hausgeräte)
Polish Competition Authority (Warsaw)
Poland’s competition Authority okays sale of Bosch-Fagormastercook* UOKiK has given BSH Hausgeräte its approval to purchase FagorMastercook, stating the acquisition will not significantly limit competiton on the market. Poland’s Office of Competition and Consumer Protection (UOKiK) has approved (...)

The German Competition Authority clears a merger in the agricultural trading and feed production sectors (Getreide / Agravis Raiffeisen)
German Competition Authority (Bonn)
Agravis AG and Danish Agro can take over large parts of Getreide AG* The Bundeskartellamt has cleared the proposed takeover of large parts of the agribusiness activities and the production of seeds and feedstuffs of Getreide AG by Agravis Raiffeisen AG and its Danish cooperation partner Danish (...)

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

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

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

The UK Competition and Market Authority formally clears a merger in the insurance sector following an in-depth enquiry (Xchanging / Agencyport)
UK Competition and Markets Authority (CMA) (London)
CMA formally clears specialist insurance merger* The CMA has formally cleared the completed acquisition by Xchanging of certain companies comprising all of the European operations of Agencyport. Xchanging plc (Xchanging) and Agencyport Software Group (Agencyport) supply specialist software to (...)

The German Competition Authority clears a merger on the market of online real estate portals (Immonet / Immowelt)
German Competition Authority (Bonn)
Clearance of Merger between Immonet and Immowelt* In the first phase of merger control the Bundeskartellamt has cleared plans by Axel Springer SE, Berlin to acquire sole control of Immowelt AG, Nuremberg and the launch of a joint venture between Immowelt AG and Immonet GmbH, Hamburg. The (...)

The UK Competition and Markets Authority provisionally clears a merger in the market of chilled savoury pastry (Pork Farms Caspian / Kerry Foods)
UK Competition and Markets Authority (CMA) (London)
CMA provisionally clears Pork Farms/Kerry Foods merger* The CMA has provisionally cleared the completed acquisition by Pork Farms Caspian of the chilled savoury pastry business of Kerry Foods. Pork Farms Group Limited, through the Pork Farms Caspian Limited subsidiary, and Kerry Foods (...)

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

The 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 Competition Commission of India imposes a structural remedy while approving an acquisition agreement between two multinational cement firms (Holcim / Lafarge)
University of Delhi (New Delhi)
In a recent decision (technically known as an ‘Order’), delivered on 30 March 2015, the Competition Commission of India (CCI) approved an agreement whereby the multinational cement manufacturer Holcim would acquire all the outstanding shares of another large cement multinational, Lafarge. India’s (...)

The UK Competition and Markets Authority clears provisionally a merger in the insurance sector (Xchanging / Agencyport)
UK Competition and Markets Authority (CMA) (London)
CMA provisionally clears specialist insurance merger* The CMA has provisionally cleared the completed acquisition by Xchanging of certain companies comprising all of the European operations of Agencyport. Xchanging plc (Xchanging) and Agencyport Software Group (Agencyport) supply specialist (...)

The German Competition Authority clears a partial acquisition in the market of the production and repair armoured vehicles (Diehl Defence Land Systems / Krauss-Maffei Wegmann)
German Competition Authority (Bonn)
Bundeskartellamt clears partial acquisition of Diehl Defence Land Systems GmbH by Krauss-Maffei Wegmann* In the first phase of merger control the Bundeskartellamt has cleared the planned acquisition of a part of Diehl Defence Land Systems GmbH, Freisen, by Krauss-Maffei Wegmann GmbH & Co. (...)

The Portuguese Competition Authority declares the extinction of the merger proceedings following an in-depth investigation in the field of outdoor advertising (JCDecaux / Cemusa)
Portuguese Competition Authority (Lisbon)
The PCA declared the extinction of the proceedings of the JCDecaux/Cemusa merger* On March 19, 2015, the Portuguese Competition Authority (PCA) declared the extinction of the merger proceedings concerning the acquisition of sole control of Cemusa by JCDecaux, in the field of outdoor (...)

The Italian Competition Authority changes the turnover threshold beyond which a merger must be notified
Italian Competition Authority (Roma)
Prior notifications of mergers and acquisitions: updating of turnover thresholds* The Competition Authority has resolved that as from 16 March 2015 the thresholds beyond which prior notification must be submitted for all acquisitions and mergers is raised to 492 million euro for the aggregate (...)

The Hellenic Competition Commission clears, following an in-depth investigation, a merger in the market for the production and distribution of beer in Greece (Mythos Brewery / Olympic Brewery)
Hellenic Competition Authority (Athens)
The HCC clears the notified merger between Mythos Brewery (a subsidiary of Carlsberg Breweries) and Olympic Brewery * By its unanimous Decision 606/2015, the Hellenic Competition Commission (HCC) approved, on the basis of Art. 8, para. 6 of the Greek Competition Act, the notified (...)

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

The Canadian Competition Bureau clears a transaction in the media sector revealing a possible shift in the Bureau’s analytical framework for media mergers (TVA Group / Transcontinental)
Stikeman Elliott (Toronto)
Media mergers and the Competition Bureau: Is the medium the market?* The rapid growth of digital media in recent years and the simultaneous pressures on traditional media have led to a number of fascinating media transactions in which the Competition Bureau has had to confront the difficult (...)

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

The German Competition Authority issues a preliminary assessment relating to a merger in the food retail sector (Kaiser’s Tengelmann / Edeka)
German Competition Authority (Bonn)
Bundeskartellamt issues preliminary assessment of the takeover of Kaiser’s Tengelmann by EDEKA* In the EDEKA/Tengelmann merger control proceedings the Bundeskartellamt has today informed the parties of its preliminary assessment of the takeover plans. Andreas Mundt, President of the (...)

The UK Court of Appeal upholds the judgment of the Competition Appeal Tribunal requiring an airline to reduce its minority shareholding in rival airline (Ryanair / Aer Lingus)
UK Competition and Markets Authority (CMA) (London)
CMA welcomes Court of Appeal Judgment on Ryanair/Aer Lingus* The CMA welcomes today’s judgment by the Court Of Appeal dismissing Ryanair’s challenge on all 3 grounds. The judgment followed an appeal by Ryanair Holdings plc (Ryanair) against an earlier decision made by the Competition Appeal (...)

The Romanian Competition Council clears a merger in the banking sector although the parties have realized the merger before clearance (Transilvania Bank / Volksbank Romania)
Romanian Competition Council (Bucharest)
Transilvania Bank can involve in the activity of Volksbank Romania* The Competition Council issued a derogation decision from the provisions of the Competition Law so that Transilvania Bank to involved in the activity of Volksbank Romania and Volksbank Services Romania before obtaining the (...)

The German Competition Authority clears a merger following an in-depth examination on the production of foreign identity documents market (Giesecke & Devrient / Bundesdruckerei)
German Competition Authority (Bonn)
Bundeskartellamt clears joint venture between Giesecke & Devrient and Bundesdruckerei for the production of foreign identity documents* Following an in-depth examination the Bundeskartellamt has cleared the establishment of a joint venture for the production of foreign identity documents (...)

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

The Hellenic Competition Commission clears an acquisition of sole control in the insurance market (ERGO International / Agrotiki Asfalistiki)
Hellenic Competition Authority (Athens)
Clearance of the proposed acquisition by «ERGO International Aktiengesellschaft» of the insurance company “AGROTIKI ASFALISTIKI S.A.». * By its unanimous Decision 594/2014, the Hellenic Competition Commission (HCC) approved, under Greek merger control rules, the proposed acquisition of sole (...)

The German Competition Authority clears an acquisition of sole control in the gas markets and changes its practice of defining these markets (EWE / VNG)
German Competition Authority (Bonn)
Bundeskartellamt clears EWE’s acquisition of a majority interest in VNG* Today the Bundeskartellamt has cleared the acquisition of a further 15.79% of the shares in VNG AG, Leipzig, by EWE AG, Oldenburg. EWE AG acquired the shares from Wintershall Holding GmbH, Kassel. EWE AG will now hold a (...)

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

The Polish Competition Authority clears the creation of a joint undertaking in the power generation and distribution market (Polska Grupa Energetyczna / Polska Miedź)
Polish Competition Authority (Warsaw)
The OCCP approves the formation of PGE EJ 1* The Office of Competition and Consumer Protection (OCCP) has approved the formation of PGE EJ 1, a joint undertaking of the energy groups PGE Polska Grupa Energetyczna, Tauron, and Enea and of the mining group KGHM Polska Miedź to build Poland’s (...)

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

The German Competition Authority clears an acquisition on the food retail market (Jibi Handel / J. Bünting Beteiligungs)
German Competition Authority (Bonn)
Bundeskartellamt clears takeover of Jibi by Bünting* The Bundeskartellamt has today cleared the complete acquisition of Jibi Handel GmbH & Co. by J. Bünting Beteiligungs AG in the first phase of merger control. Andreas Mundt, President of the Bundeskartellamt: "By acquiring 88 Jibi outlets (...)

The Netherlands Authority for Consumers and Markets clears a merger of three care providers in the northern Dutch province of Friesland (Kwadrantgroep, Antonius Zorggroep and Nij Smellinghe/Pasana)
Netherlands Authority for Consumers & Markets (The Hague)
ACM clears merger between three northern care providers* The Netherlands Authority for Consumers and Markets (ACM) has cleared the merger of three care providers in the northern Dutch province of Friesland, which are Kwadrantgroep, Antonius Zorggroep and Nij Smellinghe/Pasana. These three care (...)

The Croatian Competition Agency clears a merger in the market of guest accommodation and catering services in hotels, apartments and campsites and in the market of guest accommodation (Plava laguna / Istraturist)
Croatian Competition Agency
Approved merger between Plava laguna and Istraturist* The Croatian Competition Agency approved the implementation of the proposed concentration between the undertakings Plava laguna and Istraturist. The concentration in question will produce effects in the following relevant markets: guest (...)

The EU Commission approves without commitments an acquisition in the recent information technology sector (Facebook / WhatsApp)
Squire Patton Boggs (Brussels)
EU Commission approves Facebook’s acquisition of WhatsApp* On 3 October 2014, the European Commission of the European Union (the “Commission”) approved the acquisition without any commitments. After the approval of the acquisition of Skype by Microsoft in 2011 and of the acquisition of Nokia by (...)

The Polish competition authority clears an acquisition in the small package delivery sector (DPD / seven)
WKB Wierciński Kwieciński Baehr (Warsaw)
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Freshfields Bruckhaus Deringer (Brussels)
In its decision of 1 October 2014, the Polish competition authority (Urząd Ochrony Konkurencji i Konsumentów, the "UOKiK") unconditionally cleared DPD’s 100% acquisition of shares in a fellow small package delivery company, Siódemka (in English: “seven”). This decision is one of a limited number of (...)

The Hellenic Competition Commission clears an acquisition of sole control in the banking sector (Alpha Bank / Diners Club of Greece Finance Company)
Hellenic Competition Authority (Athens)
Clearance of the proposed acquisition by ALPHA BANK S.A. of CITIBANK Ιnternational PLC’s retail banking activities in Greece and of the shares of DINERS CLUB OF GREECE FINANCE COMPANY S.A.* By its unanimous Decision 592/2014, the Hellenic Competition Commission (HCC) approved, under Greek merger (...)

The Danish Competition Authority clears an acquisition of sole control on the production and sale of gas springs market (Triton / Scandinavian Business Seating Holding)
Danish Competition and Consumer Authority (Copenhagen)
Approval of Triton’s acquisition of Scandinavian Business Seating Holding AS, cf. Section 12c(2) of the Competition Act* On 11th September 2014, the Danish Competition and Consumer Authority (“the Authority”) received a full notification of a proposed merger pursuant to Section 12b(1) of the (...)

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

The UK Competition and Markets Authority clears an acquisition on the adherence packaging market (Omnicell / SurgiChem)
UK Competition and Markets Authority (CMA) (London)
The Competition and Markets Authority (CMA) has cleared Omnicell/MTS’s proposed acquisition of SurgiChem.* This confirms the CMA’s provisional decision which was published last month and has been made by a group of independent CMA panel members. Omnicell, Inc./MTS Medication Technologies, Inc. (...)

The French Competition Authority opens in-depth investigation on an acquisition in the telecom market (Altice Group / SFR)
French Competition Authority (Paris)
The Autorité de la concurrence has decided to open an in-depth investigation into the acquisition of SFR by the Altice Group* On 4 June 2014, the Numericable Group, a subsidiary of the Altice Group, filed a merger notification to the Autorité de la Concurrence relating to its plan to acquire SFR (...)

The Commission for the Protection of Competition of the Republic of Cyprus concludes that a transaction does not affect the current position of the acquirer and therefore decided that it did not raise serious doubts as regards its compatibility with the competitive market (Vicini/SLZA)
Chrysses Demetriades & Co. LLC (Limassol)
Background On the 27th of December 2013, the Commission for the Protection of Competition (the «Commission») received a notification relating to the proposed acquisition by S.L.Z.A. S.A. («S.L.Z.A.») of 30% of the share capital of Vicini S.p.A. («Vicini»), in accordance with section 13 of the (...)

The German Federal Court of Justice decides that turnover from goods delivered to a production facility in Germany constitutes domestic turnover, even if the actual decision to buy these goods was taken by a central purchasing organisation outside Germany (KVR)
Jones Day (Brussels)
In its Viscose fibres judgement, the Bundesgerichtshof (Federal Court of Justice (BGH)) held that turnover from goods delivered to a production facility in Germany constitutes domestic turnover, even if the actual decision to buy these goods was taken by the central purchasing organisation of a (...)

The Irish Competition Authority publishes revised merger guidelines
Queen’s University Belfast
On December 20, 2013 the Irish Competition Authority published its revised Guidelines for Merger Analysis. These guidelines replace the last version, promulgated in December 2002. The Revised Guidelines have had the benefit of a request for comments (with ten resulting submissions) following (...)

The EU General Court rejects rival’s claim and gives the green signal for an acquisition in the communications services market (Microsoft / Skype)
Shardul Amarchand Mangaldas & Co (New Delhi)
By its decision dated 11 December 2013, Luxembourg based European General Court approves the acquisition of Skype by Microsoft. Background On 02.09.2011 the EU Commission was notified of a proposed concentration by which, Microsoft Corporation, USA acquired 100% of the outstanding shares and (...)

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

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

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

The European Commission proposes simplification of merger control filings
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 27 March 2013, the European Commission opened a consultation on proposed revisions to its Notice on Simplified Procedure and Merger Implementing Regulation. The proposed amendments are intended to increase the number of transactions that can benefit from the so-called “simplified (...)

The Hungarian Competition Authority establishes that a contractual restriction cannot be regarded as an ancillary restriction if one of the parties does not constitute an undertaking directly participating in a merger (Spar / Match)
Dentons (Budapest)
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Hungarian Competition Authority (Budapest)
I. Facts SPAR Magyarország Kereskedelmi Kft. (“Spar”) acquired sole control over a part of Csemege-Match Kereskedelmi Zrt. (“Match”) that comprised assets, equipments and employees of the retail store (“Store”) of Match situated in the MOM Park shopping mall. On the same day when the above-mentioned (...)

The Dutch Competition Authority approves merger between companies active in the field of ship construction and repair (Damen / Shipdock)
Stibbe (Amsterdam)
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Stibbe
On 25 January 2013, the Netherlands Competition Authority ("NMa") approved a proposed concentration between Damen Shipyards Group N.V. ("Damen") and Shipdock Holding B.V. ("Shipdock"). This decision is an interesting one, because the NMa allowed the number of competitors on the relevant market (...)

The Hungarian Competition Authority elaborates a more sophisticated approach in the course of establishing relevant product and geographic market of mergers in the retail sector (Copé/Intégal-M, Mába-Invest)
Dentons (Budapest)
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Hungarian Competition Authority (Budapest)
I. Facts COPÉ Vagyonhasznosító és Szolgáltató Zrt. („COPÉ”) acquired direct sole control over INTEGRÁL-M Kereskedelmi Kft. („INTEGRÁL-M”) and MÁBA-INVEST Ingatlanhasznosító és Szolgáltató Kft. („MÁBA-INVEST”). The procedure was conducted in a phase II procedure, in which the Gazdasági Versenyhivatal (“GVH” – (...)

The Portuguese Competition Authority is due to announce its decision on a prospective merger in the telecommunications sector (Zon Multimédia/Optimus)
Luís Silva Morais & Associados
The Portuguese Competition Authority ("Autoridade da Concorrência", hereinafter ’ADC’) is due to decide on a prospective merger announced on 14 December 2012 by a joint communiqué issued by Sonaecom SGPS, SA ("Sonaecom") and by Kento Holding Limited and Jadeium BV ("Kento / Jadeium") as the main (...)

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 EU Commission approves the creation of a joint venture between two Brazilian groups that will combine their respective activities in the orange juice sector (Votorantim / Fischer)
"Merger: main developments between 1 May and 31 August 2011"* The Commission approved on 4 May 2011 the creation of a joint venture between the Brazilian groups Votorantim and Fischer that will combine their respective activities in the orange juice sector. Votorantim and Fischer, two (...)

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

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

The US merger guidelines introduce Gross Upward Pricing Pressure Index -GUPPI- to score merger’s potential unilateral effects
Skadden, Arps, Slate, Meagher & Flom (Brussels)
A GUPPI Revolution in the EU?* The new U.S. Horizontal Merger Guidelines, issued in August 2010, introduce the so-called GUPPI test, the Gross Upward Pricing Pressure Index. According to the U.S. Guidelines, “[a]dverse unilateral price effects can arise when the merger gives the merged entity (...)

The US DoJ and FTC releases for public comment revised horizontal merger guidelines that reflect Agency current practice
Skadden, Arps, Slate, Meagher & Flom (Washington)
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Skadden, Arps, Slate, Meagher & Flom (New York)
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Kirkland & Ellis (New York)
On April 20, the Department of Justice (DOJ) and Federal Trade Commission (FTC) released and sought public comment on proposed, revised Horizontal Merger Guidelines (guidelines) that reflect how the agencies evaluate the potential competitive effects of mergers and acquisitions between firms at (...)

The US FTC and DoJ releases for public comment a draft version of their new joint horizontal merger guidelines offering the opportunity to debate about the role of market definition and unilateral effects analysis
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Washington)
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Kirkland & Ellis (New York)
As the credit and capital markets continue to revive, companies around the world considering a return to greater mergers and acquisitions activity may be right to wonder whether recent antitrust law developments should deter those considerations. Notwithstanding the attention the various new (...)

The US DoJ and the FTC propose revisions to the horizontal merger guidelines
Jones Day (Washington)
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Jones Day (Sillicon Valley)
Last week, the United States federal antitrust agencies-the Department of Justice Antitrust Division and the Federal Trade Commission-released proposed revisions to the Horizontal Merger Guidelines. The Guidelines, which have been revised several times over the past 40 years, delineate how the (...)

A US District Court reaffirms importance of market definition in antitrust merger analysis (Golden Gate Pharmacy / Pfizer)
Skadden, Arps, Slate, Meagher & Flom (Washington)
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Skadden, Arps, Slate, Meagher & Flom (New York)
On April 16, 2010, Judge Maxine M. Chesney of the U.S. District Court for the Northern District of California dismissed a complaint raising a private antitrust challenge to the merger of Pfizer, Inc. and Wyeth Pharmaceuticals, because she concluded that the complaint failed sufficiently to (...)

The Dutch Competition Authority clears acquisition in media sector (PCM Holding, Nieuwsmedia, Wegener)
De Nederlandsche Bank (DNB)
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Smeets Van Empel advocaten (Amsterdam)
1. Facts and procedure On 17 July 2009 the Dutch Competition Authority (Nederlandse Mededingingsautoriteit, hereinafter "NMa") cleared the proposed acquisition of sole control over AD Nieuwsmedia B.V. (hereinafter "AD") by PCM Holding B.V. (hereinafter "PCM"). AD is and a joint-venture of PCM (...)

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

The US FTC agrees to settle a merger case with US leading organic food supermarket (Whole Foods Market)
Jones Day (Houston)
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Jones Day (Washington)
Today the Federal Trade Commission and Whole Foods Markets settled the FTC’s challenge to Whole Foods‘ 2007 acquisition of Wild Oats Markets, which the agency alleged would lessen competition in the operation of « premium natural and organic supermarkets. » Although not an unmitigated victory for (...)

The Chinese MOFCOM invites comments on the draft Guidelines on the definition of relevant market
Kastell
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Linklaters (Beijing)
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Linklaters (Brussels)
Recent developments MOFCOM, the agency charged with merger review pursuant to the Chinese Antimonopoly Law, has recently accelerated the process of building the merger control regime in China. More specifically, as regards the substantive and procedural framework for merger review, MOFCOM is (...)

The European Commission clears a complex merger of Dutch dairy cooperatives after an in-depth investigation (Friesland Foods / Campina)
RBB Economics (The Hague)
Introduction 1. On 17 December 2008, the European Commission cleared the merger of Dutch dairy cooperatives Friesland Foods and Campina after a Phase II inquiry. The case is likely to be one of the largest and most complex Dutch merger cases ever dealt with by the Commission, due to significant (...)

The UK office of Fair trading clears aspects of a merger in the commercial radio sector on the basis of efficiencies (Global Radio UK/ GCap Media)
Herbert Smith Freehills (Brussels)
On 8 August 2008, the Office of Fair Trading (“OFT”) announced that it had cleared the London aspects of the acquisition by Global Radio UK Limited (“Global”) of GCap Media plc (“GCap”) on the basis that the acquisition was expected to generate significant efficiencies that will benefit advertisers (...)

A US Court of Appeals reverses ruling against preliminary injunction in the organic food sector lowering bar for the FTC to challenge a merger (Whole Foods / Wild Oats)
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 July 29, 2008, the U.S. Court of Appeals for the D.C. Circuit reversed the denial of a preliminary injunction sought by the FTC against a merger of Whole Foods Market, Inc. and Wild Oats Markets, Inc., in a ruling that significantly lowers the bar for the FTC to obtain preliminary (...)

A US Court of Appeals overturns the district court’s denial of FTC’s request for a preliminary injunction against an acquisition in the organic food sector (Whole Foods/Wild Oats)
WilmerHale (Washington)
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WilmerHale (Washington)
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Kirkland & Ellis (Washington)
The Federal Trade Commission (FTC) won a major victory last week when a splintered D.C. Circuit overturned the district court’s denial of its request for a preliminary injunction against the acquisition of Wild Oats by Whole Foods. The decision provides the FTC a much-needed win in a prominent (...)

The German Federal Cartel Office prohibits the merger between the two biggest producers of curdled milk cheese (Müller-Poelmeyer)
University of East Anglia - CCP (Norwich)
Background Theo Müller GmbH & Co. KG (Müller), the market leader in diary products in Germany, intended - through its subsidiary Loose GmbH & Co. KG (Loose) - to purchase 100 per cent of the shares of Poelmeyer Holding GmbH (Poelmeyer). The main product of both Loose and Poelmeyer is (...)

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

The German Federal Cartel Office clears merger between book suppliers despite high market shares in a local market (Karlsruher Buchmarkt)
Compass Lexecon (Hong Kong)
Summary On 30 April 2008 the German Federal Cartel Office (FCO) cleared a merger between two book suppliers despite high market shares in a local market. Although the FCO left open the question of whether online book sales belong to the relevant product market, it considered online book sales (...)

The European Commission clears an acquisition in the online advertising market (Google/DoubleClick)
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European Commission - DG COMP (Brussels)
"Mergers: main developments between 1 January and 30 April 2008"* On 11 March the Commission decided to clear the proposed acquisition of the online advertising technology company DoubleClick by Google, both based in the US. Google operates an internet search engine that offers search (...)

The UK OFT accepts undertakings in newspaper merger, clarifying that its de minimis guidance is not a "get out of jail free" card for small mergers (Dunfermline press / Berkshire regional newspapers)
Herbert Smith Freehills (Brussels)
On 4 February 2008, the Office of Fair Trading ("OFT") announced that it had suspended its duty to refer Dunfermline Press Limited‘s ("DPL ") acquisition of the Berkshire Regional Newspapers ("BRN") portfolio of 8 local newspaper titles from Trinity Mirror plc to the Competition Commission (...)

The European Commission clears an acquisition in the production of PVC (Ineos/Kerling)
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European Commission - DG COMP (Brussels)
"Mergers: main developments between 1 January and 30 April 2008"* On 30 January the Commission approved the proposed acquisition of Kerling, the polymer division of the Norwegian company Norsk Hydro group, by the UK-based company Ineos. Both companies are active, inter alia,in the production (...)

The French Minister of Economy sets out principles for the assessment of competition in markets that use Internet as media and conditionally clears in phase I a merger in the market for online classified advertisement (Spir / Schibsted)
RBB Economics (Brussels)
Introduction On 10 September 2007 the French Minister of Economy, Finances and Employment (hereafter the “Minister”) cleared the creation by Spir Communication and Schibsted ASA of a jointly owned company, subject to behavioural commitments (Decision C2007/19, hereafter “the Decision”). The new (...)

The French Minister of Economy grants clearance to a merger in the markets for milk collection and milk supply (Orlait/Comalait)
Darrois Villey Maillot Brochier
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Viguié Schmidt & Associés (Paris)
In its decision dated 2 August 2007, the French Minister granted clearance of Orlait’s acquisition of direct sole control of Comalait and indirect sole control of all Comalait’s subsidiaries. Orlait is active in the sectors of long-keeping milk trading and supply, and of long-keeping cream (...)

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 French Competition Council uses economic models in a phase II assessment of a merger of salmon producers (Marine Harvest - Pan Fish)
RBB Economics (Brussels)
Introduction On 20 October 2006, the French Competition Council recommended that the proposed acquisition of Marine Harvest NV by Pan fish ASA be cleared, subject to remedies. The main competitive concern raised by the proposed transaction related to potential unilateral effects in the (...)

The UK Telecommunications Regulator opens the door to further consolidation in the radio sector (Radio Advertising Market Research)
Dickson Minto (London)
1. Summary On 19 October 2006 Ofcom, the communications industry regulator in the UK, published research which could have a major impact on the way in which the UK competition authorities assess radio mergers. The research shows that the pricing of radio advertising is constrained by (...)

The European Commission conditionally clears a merger in the mining, processing and refining of nickel and other metals industry (Inco/Falconbridge)
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European Commission - DG COMP (Brussels)
"Mergers — Main developments between 1 May and 31 August 2006"* On 4 July the Commission granted conditional clearance to Inco’s acquisition of the Canadian company Falconbridge. Both parties to the transaction are Canadian companies active in the mining, processing and refining of nickel and (...)

The US Eighth Circuit Court of Appeals affirms a district court decision in concluding that the FTC’s proposed market definition for a hospital merger was an unreasonable approach (Freeman / Oak Hill)
Kentucky Department of Financial Institutions
The FTC brought suit seeking a preliminary injunction to prevent the merger of two hospitals in Joplin, Missouri, contending the transaction would have anticompetitive effects in violation of Section 7 of the Clayton Act. The City of Joplin, Missouri, a community of approximately 40,000 (...)

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