The French Ministry of economics unconditionally authorises the proposed acquisition of a French home appliances manufacturer’s assets by a competitor under the failing firm defence (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 accordance with French merger procedure prior to its reform in 2008, the Competition Council had given an opinion on the intended transaction on 15 May 2002, concluding that it would not

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Sergio Sorinas, Christine Jorns, The French Ministry of economics unconditionally authorises the proposed acquisition of a French home appliances manufacturer’s assets by a competitor under the failing firm defence (SEB / Moulinex), 5 July 2002, e-Competitions July 2002, Art. N° 21341

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