The French Supreme Aministrative Court rejects the Ministry of Economics’s application of the failing firm defence and annuls the authorisation of the intended merger between two home appliances manufacturers (SEB / Moulinex)

Background. When Moulinex was put into administration in 2001 competitor SEB submitted, amongst others, an offer to purchase Moulinex' manufacturing sites and trading subsidiaries in France, Spain, Germany and several non-EU countries. SEB was conditionally retained by the judicial administrators as the most suitable purchaser, subject to obtaining merger clearance. The envisaged transaction was subsequently notified to the European Commission and, as far as the French operations were concerned, partially referred back to the French authorities under article 9(2)(a) of Council Regulation 4064/89. In a decision of 15 July 2002, the Minister for the Economy found that the transaction would lead to the

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Sergio Sorinas, Christine Jorns, The French Supreme Aministrative Court rejects the Ministry of Economics’s application of the failing firm defence and annuls the authorisation of the intended merger between two home appliances manufacturers (SEB / Moulinex), 6 February 2004, e-Competitions February 2004, Art. N° 21342

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