The EU Commission declares the concentration between two stock exchange operators to be incompatible with the internal market (NYSE Euronext / Deutsche Börse)

Quality of Evidence in Complex Merger Cases* The Commission published the text of its most recent prohibition decision in Deutsche Boerse / NYSE Euronext. The Decision is lengthy and the Commission appears to have formulated a response to most arguments proffered by the parties. However, a review of the Decision brings to the fore a number of ways in which the Commission could improve the quality of the evidence which it uses to support its decisions. Many of the issues discussed below have been debated in the past, including before the EU Courts. And while the Courts generally show a certain level of deference to the type of evidence which the Commission uses that should not prevent the Commission from continuously trying to improve the quality of its decisions and the underlying

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • Skadden, Arps, Slate, Meagher & Flom (Brussels)

Quotation

Frederic Depoortere, The EU Commission declares the concentration between two stock exchange operators to be incompatible with the internal market (NYSE Euronext / Deutsche Börse), 2 February 2012, e-Competitions February 2012, Art. N° 54024

Visites 193

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues