The EU General Court rejects a claim alleging the Commission was mistaken to treat a complex merger involving several transactions separately and endorses the analysis and decision-making process (EVH / E.ON / RWE)

The action brought by the German electricity producer EVH against the approval by the Commission of the acquisition of E.ON assets by RWE is dismissed* The General Court points out in particular that an asset swap between independent undertakings does not constitute a 'single concentration' In March 2018, the companies RWE AG and E.ON, both governed by German law, announced that they wanted to engage in a complex asset swap by means of three concentrations operations ('the overall transaction'). By the first concentration operation, RWE, which is active across the whole supply chain of energy provision in several European countries, wished to acquire sole or joint control over certain generation assets of E.ON, an electricity provider which operates in several European countries. The