The EU Court of First Instance confirms the European Commission’s discretion analysis to suspend a merger under Article 11(3) of the EC merger regulation (Omya / Huber)

"Article 11(3) Decisions – the Commission’s Discretion Analysis of the judgment of the Court of First Instance in case T-145/06 Omya v Commission"* The examination of Omya AG’s (Omya) proposed acquisition of J. M. Huber’s precipitated calcium carbonate business (Huber PCC) [1] was one of the most administratively complex cases the Commission has undertaken. From its notification to the Finnish Competition Authority on 4 April 2005 until the adoption of the Commission’s final decision on 19 July 2006 it involved nine different Commission decisions, two Advisory Committee meetings, an AKZO procedure for access to documents [2] and led to two court cases (T-145/06 and T275/06, subsequently abandoned). This article deals with the case in which Omya challenged the Commission’s decision adopted

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  • JG Associates (Brussels)

Quotation

John Gatti, The EU Court of First Instance confirms the European Commission’s discretion analysis to suspend a merger under Article 11(3) of the EC merger regulation (Omya / Huber), 4 February 2009, e-Competitions February 2009, Art. N° 35033

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