The EU General Court dismisses the appeal against the decision made by the Commission to refuse access to a document in its investigation of the merger between two leading stock exchanges (Beninca)

I. Facts On 3 April 2012, based on the Regulation No 1049/ 2001 [1] (hereafter "the Regulation"), Mr Jürgen Beninca (hereafter “the applicant”) called the European Commission to grant him access to a memorandum of the Head of the unit responsible for competition matters of the Directorate-General Enterprises and Industry (hereafter “DG ENTR”). That memorandum concerned a merger between Deutsche Börse AG and NYSE Euronext (hereafter “the parties”). [2] Following the Commission’s refusal to grant Mr Beninca access to the memorandum [3], the applicant sent a confirmatory application [4] to the Commission on 13 June 2012. In the meantime, the Commission informed the applicant that it was not in a position to provide a definitive answer, as internal consultations were still ongoing. [5] On 21

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  • Justinian Lawyers Belgium (Brussels)

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David Leys, The EU General Court dismisses the appeal against the decision made by the Commission to refuse access to a document in its investigation of the merger between two leading stock exchanges (Beninca), 25 October 2013, e-Competitions Bulletin October 2013, Art. N° 59367

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