Schneider/APC: a textbook first-phase case with creation of dominant position and structural remedies* On December 12, 2006, the French company Schneider notified its proposed acquisition of the US-based company American Power Conversion (APC) to the Commission. The main overlap in the parties’ activities concerned the sales of uninterruptible power supply (UPS) devices. The Commission considered that the proposed transaction was likely to lead to the creation of a dominant position and raised serious doubts as to its compatibility with the common market. The notifying party filed remedies that were accepted by the Commission. This article discusses some of the interesting points raised by the case. I. Short description of the products concerned Both Schneider, through its affiliate
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The EU Commission conditionally approves a merger in the electrical equipment sector leading to a creation of a dominant position by accepting structural remedies offered by the parties (Schneider Electric / APC)
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