The EU Commission releases a decision enforcing its exclusive competence to assess mergers with an EU dimension, notwithstanding a breach of a Member State’s FDI rules (AEGON / Vienna Insurance)

For the first time ever, the EU Commission has issued a decision on the relationship between EU merger control law and national FDI screening rules. It found that the Hungarian Government's veto of Vienna Insurance Group's planned acquisition of the Hungarian subsidiaries of Dutch insurer AEGON on the basis of Hungarian FDI screening rules violated the Commission's exclusive competence to assess concentrations with an EU dimension. But this is by no means the only aspect that makes the deal exceptionally noteworthy for international investors. Relationship between merger control and FDI Under EU merger control law, the Commission has exclusive competence to assess concentrations with an EU dimension. This competence is determined on the basis of the turnover figures of the

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Falk Schöning, Ákos Kovách, Sebastian Faust, Stefan Kirwitzke, Philipp Reckers, The EU Commission releases a decision enforcing its exclusive competence to assess mergers with an EU dimension, notwithstanding a breach of a Member State’s FDI rules (AEGON / Vienna Insurance), 21 February 2022, e-Competitions August 2022, Art. N° 107711

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