The Higher Regional Court Düsseldorf upholds prohibition decision of the FCO in the hearing aid sector (Phonak / GN ReSound)

In a recently published decision of 26 November 2008, the Higher Regional Court of Düsseldorf affirmed the decision of the Federal Cartel Office (“FCO”) prohibiting the Swiss hearing aid manufacturer Phonak Holding AG (“Phonak”) from acquiring its Danish competitor GN Store Nord AS(“GN ReSound”). The Court confirmed that the takeover by Phonak of GN ReSound would have strengthened the collective dominant position of the oligopoly consisting of SAT (part of the Siemens group), Oticon and Phonak. Pre-merger, these three suppliers already accounted for 80% of sales of

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  • Van Bael & Bellis (Brussels)

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Porter Elliott, The Higher Regional Court Düsseldorf upholds prohibition decision of the FCO in the hearing aid sector (Phonak / GN ReSound), 26 November 2008, e-Competitions November 2008, Art. N° 43804

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