A Dutch Court annuls a Dutch Competition Authority’s decision that conditionally cleared a merger between electricity companies for not having sufficiently demonstrated that the merger would lead to the creation or strengthening of a dominant position (Nuon / Reliant)

On 31 May 2005, the Court of Rotterdam in the Netherlands annulled a decision by the Nederlandse Mededingingsautoriteit (NMa), the Dutch competition authority, concerning the proposed merger between electricity companies Nuon and Reliant [1]. After a detailed inquiry, the NMa had cleared the merger conditional on a structural remedy whereby the merged entity was required to auction a part of its electricity generation capacity to third parties for a period of five years. In the Court's view, however, the NMa had not demonstrated to a sufficient standard that the merger would lead to the creation or strengthening of a dominant position as a result of which competition would be significantly impeded [2]. In common with those CFI judgments which annulled certain EC merger decisions, economic

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Jan Peter van der Veer, A Dutch Court annuls a Dutch Competition Authority’s decision that conditionally cleared a merger between electricity companies for not having sufficiently demonstrated that the merger would lead to the creation or strengthening of a dominant position (Nuon / Reliant), 31 May 2005, e-Competitions May 2005, Art. N° 22143

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