The EU Commission explains in its judgement that the ’priority principle’ requires them to review a deal’s impact on competition according to the date the deal was notified (Seagate / Samsung)

APPLICATION OF THE 'PRIORITY PRINCIPLE' * The EU Commission was notified of the Seagate/Samsung transaction and the Western Digital/Hitachi transactions – both mergers involving hard drive disk businesses – within days of each other. In its decision on the Seagate/Samsung transaction (published on May 10, 2012), the EU Commission explains its different treatment of the two mergers. The EU Commission explains that the ‘priority principle’ requires them to review a deal’s impact on competition according to the date the deal was notified. Therefore, because Seagate/Samsung was notified first, the EU Commission examined the deal based upon the competitive conditions existing at the time of notification and without considering the potential impact of a second deal which was notified only one

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  • Franklin (Paris)

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Lionel Lesur, The EU Commission explains in its judgement that the ’priority principle’ requires them to review a deal’s impact on competition according to the date the deal was notified (Seagate / Samsung), 19 October 2011, e-Competitions October 2011, Art. N° 92829

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