The French Competition Council advises that the proposed acquisition of the French assets of an appliance manufacturer by one of its competitors should be authorised unconditionally since it does not lead to a strengthening of a dominant position and falls under the failing firm defence (SEB / Moulinex)

The French Competition Council advises that the proposed acquisition by SEB of Moulinex' French assets should be authorised unconditionally since it does not lead to a strengthening of a dominant position and, in any event, falls 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

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Sergio Sorinas, Christine Jorns, The French Competition Council advises that the proposed acquisition of the French assets of an appliance manufacturer by one of its competitors should be authorised unconditionally since it does not lead to a strengthening of a dominant position and falls under the failing firm defence (SEB / Moulinex), 15 May 2002, e-Competitions Bulletin May 2002, Art. N° 21340

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