Energy & Mergers

Mergers

The Lithuanian Competition Authority clears the acquisition of shares in a renewable energy company by a wind energy company (Windly / Sparnai)
Lithuanian Competition Authority (Vilnius)
Windly Holding receives merger clearance* The Lithuanian competition authority Konkurencijos taryba has cleared the acquisition of 33.4 per cent of the shares of the company 9 sparnai, as well as acquisition of its joint control together with E energy invest, by the Estonian firm Windly (...)

The Italian Competition Authority blocks a merger between two energy companies due to its expected adverse effect on competition in the energy sector (Enel Produzione / ERG Power)
Giannino SI (Monserrato)
The Italian Competition Authority has recently closed a II Phase merger control enquiry in Enel Produzione/ERG Power by vetoing a concentration between two energy companies due to the expected adverse effects oncompetition in some electricity markets in the region of Sicily. The merger (...)

The Cypriot Competition Authority receives notification of the Saudi Arabian national oil company’s desire to acquire an American producer of preventative products for car engines (VGP Holdings / Saudi Arabian Oil Company)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Notification of the concentration concerning the acquisition of the share capital of VGP Holdings LLC (international product company division of Valvoline Inc.) by Saudi Arabian Oil Company, via Aramco Overseas Company B.V.* The Service of the Commission for the Protection of Competition has (...)

The US FTC approves final order requiring an oil extractor to sell off its Utah operations before being acquired by a private equity firm (EnCap / EP Energy)
US Federal Trade Commission (FTC) (Washington)
FTC Approves Final Order Requiring EnCap to Sell Off EP Energy Corp’s. Entire Utah Oil Business* Settlement Prevents Private Equity Fund from Eliminating Significant Competitor in Utah Waxy Crude Oil Following a public comment period, the Federal Trade Commission has approved a final order (...)

The Portuguese Competition Authority issues a non-opposition decision to the merger between two gas production companies (Fundo iCON / Sonorgás)
Portuguese Competition Authority (Lisbon)
The AdC issued a non-opposition decision to the merger 40/2022 - Fundo iCON / Sonorgás* On 6 September 2022, the Board of the AdC, using the powers conferred on it by subparagraph d) of paragraph 1 of article 19 of the Statutes, approved by Decree-Law no. /2014, of 18 August, decided to adopt a (...)

The Indian Competition Authority approves the acquisition of a stake in an energy company by an institutional investor (Apraava Energy / CDPQ Infrastructures)
Indian Competition Commission (New Delhi)
Commission approves acquisition of stake in Apraava Energy Private Limited (Target) by CDPQ Infrastructures Asia II Pte. Ltd. (Acquirer) under Section 31(1) of the Competition Act, 2002* The Proposed Combination pertains to the acquiring an additional 10% shareholding in the Target from CPL (...)

The Romanian Competition Authority approves the takeover of a wind energy company and its subsidiaries by an investment company (GIP Gutenberg / WPD Offshore)
Romanian Competition Council (Bucharest)
The Competition council approved the taking over by GIP Gutenberg GMBH of some wind energy companies* The Competition Council approved, from the national security point of view, the transaction by which GIP Gutenberg GmbH buys wpd offshore Gmbh and, by default, wpd offshore Black Sea 1 S.R.L., (...)

The Romanian Competition Authority approves the takeover of 7 renewable energy companies by a renewable energy facilities developer (Energy Power Holding / Power L.I.V.E. / ONE / Rott Energy / Zagra Hidro / Corabia Solar...)
Romanian Competition Council (Bucharest)
The Competition council assesses the taking over of some renewable energy companies by energy power holding GMBH* The Competition Council assesses the transaction by which Energy Power Holding GmbH takes over the companies Power L.I.V.E. ONE, Rott Energy, Zagra Hidro, Corabia Solar, Holrom (...)

The Canadian Competition Authority reaches an agreement with a convenience store chain on the acquisition of gas stations in Atlantic Canada (Alimentation Couche Tard / Wilsons)
Journal of Parliamentary and Political Law (Ottawa)
Introduction Canada’s Competition Bureau (Bureau), which assists the Commissioner of Competition (Commissioner) in the administration and enforcement of the Competition Act (Act), announced on 30 August 2022 that the Commissioner had reached an agreement with Alimentation Couche-Tard Inc (...)

The Canadian Competition Authority approves merger between two gas retail companies subject to the sale of 46 gas station subsidiaries (Couche-Tard / Wilsons)
Canadian Competition Bureau (Gatineau)
Competition Bureau resolves competition issues with Couche-Tard’s acquisition of Wilsons gas stations in Atlantic Canada* The Competition Bureau announced today that it reached an agreement with Alimentation Couche-Tard Inc. and its affiliates related to their proposed acquisition of Wilsons. (...)

The Georgian Competition Authority approves the acquisition of 32 petrol stations owned by 23 undertakings by a national petroleum company (San Petroleum Georgia)
Georgian Competition Authority (Georgia)
The National Competition Agency approved the concentration implemented by the "San Petroleum Georgia"* The National Competition Agency of Georgia approved the concentration implemented in the automotive fuel (petrol, diesel) retailing market. The issue concerns - the acquisition of control (...)

The Finnish Competition Authority opens in-depth investigation into the proposed merger between two energy companies (He­len / Läm­pöYkkö­nen)
Finnish Competition and Consumer Authority (Helsinki)
FCCA opens in-depth in­ves­ti­ga­tion into the pro­posed merger be­tween He­len and Läm­pöYkkö­nen* On 15 August 2022, the Finnish Competition and Consumer Authority (FCCA) initiated further proceedings regarding the proposed merger in which Helen Oy and LämpöYkkönen Oy will establish a joint venture. In (...)

The Romanian Competition Authority assesses proposed takeover between two petroleum and gas retail companies (Rombeer Crîngașu / Flagas)
Romanian Competition Council (Bucharest)
The Competition Council assess the taking over of Rombeer Crîngașu by Flagas* The Competition Council assesses the transaction by which Flagas takes over Rombeer Crîngașu and 14 gas stations from Dâmbovița and Prahova counties owned under the name ”RBS Gas”. Flagas SRL sells car fuels (gasoline, (...)

The Irish Competition Authority proposes to undertake a phase 2 investigation of a merger between two oil producers (East Cork Oil / Misty Lane Holdings)
Irish Competition Authority (Dublin)
CCPC to carry out a Phase 2 investigation of East Cork Oil’s proposed acquisition of Misty Lane Holdings* The Competition and Consumer Protection Commission (CCPC) has decided to carry out a full Phase 2 investigation into the proposed acquisition by East Cork Oil Company Unlimited Company of (...)

The German Competition Authority signals that there are no competition concerns over a partial acquisition by an oil producer of a rival (Alcmene / PCK Raffinerie)
German Competition Authority (Bonn)
No concerns under merger control law about Liwathon Group’s potential participation in PCK Raffinerie GmbH, Schwedt* The Bundeskartellamt has today cleared plans by Alcmene GmbH, a member of the Liwathon Group, to acquire 37.5 per cent of the shares in PCK Raffinerie GmbH, Schwedt (PCK). (...)

The Georgian Competition Authority initiates administrative proceedings over the implementation of a merger in the fuel market (Sun Petroleum Georgia)
Georgian Competition Authority (Georgia)
The National Competition Agency has started administrative proceedings regarding the concentration implemented in the fuel market* The National Competition Agency of Georgia has launched administrative proceedings regarding the concentration implemented by “Sun Petroleum Georgia” (Gulf) in the (...)

The EU Commission opens in-depth investigation into proposed acquisition transaction between two fuel suppliers in Slovenia (OMV Slovenija / MOL)
European Commission - DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into the proposed acquisition of OMV Slovenija by MOL* The European Commission has opened an in-depth investigation to assess the proposed acquisition of OMV Slovenija by MOL under the EU Merger Regulation. The Commission is concerned that the (...)

The Saudi Arabian Competition Authority blocks a partial vertical acquisition between the national gas distribution company and a gas transporter (GASCO / Best Gas)
White & Case (Brussels)
,
White & Case (Washington)
,
White & Case (Brussels)
On 16 June 2022, Saudi Arabia’s General Authority for Competition announced its decision to block National Gas and Industrialization Company from acquiring a majority stake in Best Gas Carrier on the basis of vertical competition concerns. This is the first vertical merger prohibited by the GAC (...)

The New Zealand Competition Authority to issue statement of issues on jet fuel acquisitions by a global oil company (Mobil Oil)
New Zealand Commerce Commission (Wellington)
Commission to issue Statement of Issues on Mobil jet fuel acquisitions* The Commerce Commission has decided to issue a Statement of Issues relating to applications for clearance from Mobil Oil New Zealand Limited to acquire up to 100% of Z Energy Limited’s ownership interest in two assets used (...)

The US FTC permits the acquisition of 60 petrol stations by an investment company subject to the waiving of non-compete obligations deemed to be facially over-broad in scope (GPM Investments / Corrigan Oil)
McDermott Will & Emery (Washington)
WHAT HAPPENED GPM Investments (GPM) acquired 60 gas stations from Corrigan Oil (Corrigan). As part of the acquisition agreement, Corrigan agreed not to compete for a period of time with the gas stations purchased from Corrigan. In addition, Corrigan agreed not to compete with GPM for another (...)

The US FTC seeks to force two merging gas distributors to sell-off operations in three local markets over competition concerns (Buckeye Partners / Magellan Midstream Partners)
US Federal Trade Commission (FTC) (Washington)
The Federal Trade Commission today took action to protect competition in gasoline, diesel, and other fuel markets in South Carolina and Alabama, requiring pipeline and storage companies Buckeye Partners, L.P. and Magellan Midstream Partners, L.P. to divest to U.S. Venture, Inc. petroleum (...)

The UK Competition Authority provisionally clears the acquisition of a supermarket’s petrol station business by the largest independent operator of petrol stations following a promise to divest from 87 sites (CD&R / Morrisons)
United Kingdom’s Competition Authority (CMA) (London)
Petrol station proposals provisionally clear way for Morrisons deal* The CMA proposes to accept an offer from buyer of Morrisons to sell 87 petrol stations to address competition concerns. In January, the Competition and Markets Authority (CMA) opened its investigation into Clayton, Dubilier (...)

The New Zealand Competition Authority receives merger clearance application from an international fuel production company for the 100% acquisition of ownership interest of another fuel company in assets for the supply of jet fuel (Mobil / Z Energy)
New Zealand Commerce Commission (Wellington)
Mobil seeks clearance to increase ownership interest in two jet fuel joint ventures* The Commerce Commission has received two clearance applications from Mobil Oil New Zealand Limited to acquire up to 100% of Z Energy Limited’s ownership interest in two assets used to supply jet fuel at (...)

The UK Competition Authority finds that a merger could increase operating costs for oil and gas producers in the North Sea (Noble / Maersk)
United Kingdom’s Competition Authority (CMA) (London)
Offshore drilling merger raises competition concerns* The CMA has found that the merger of Noble and Maersk Drilling could increase operating costs for oil and gas producers in the UK North Sea. In February, the Competition and Markets Authority (CMA) opened an investigation into the (...)

The US FTC requires the divestiture of an energy producer’s entire business and assets in Utah prior to its acquisition by a private equity fund (EnCap / EP Energy)
US Federal Trade Commission (FTC) (Washington)
FTC Requires ENCAP to Sell Off EP Energy Corp.’s Entire Utah Oil Business amid Concerns that Deal would Increase Pain at the Pump* Agency Seeks to Prevent Private Equity Fund from Eliminating Significant Competitor in Utah Waxy Crude Oil The Federal Trade Commission will require the (...)

The UK Competition Authority finds that an acquisition of the largest independent operator of petrol stations by a major retail chain could lead to higher fuel prices in 121 locations across the country (CD&R / Morrisons)
United Kingdom’s Competition Authority (CMA) (London)
Morrisons purchase raises competition concerns over fuel * CMA finds CD&R’s acquisition of Morrisons could lead to higher fuel prices in 121 locations across the country where both firms own forecourts. In January, the Competition and Markets Authority (CMA) opened its investigation into (...)

The UK Competition Authority provisionally confirms in Phase II investigation that a merger between two helicopter services companies raises competition concerns (CHC / Babcock)
United Kingdom’s Competition Authority (CMA) (London)
Helicopter services deal raises competition concerns* The CMA has provisionally found that CHC’s purchase of Babcock’s oil and gas offshore helicopter transportation services business raises competition concerns. Following an in-depth Phase 2 investigation of this completed acquisition, the (...)

The Hellenic Competition Authority approves the merger between two major energy companies (Siemens Energy / Siemens Electrotechnical)
Hellenic Competition Commission (Athens)
Approval of the notified merger concerning the acquisition by the company SIEMENS ENERGY AG* Subject: Approval of the notified merger, according to articles 5-10 of Law 3959/2011, concerning the acquisition by the company under the name "SIEMENS ENERGY AG" of sole control over the Greek Energy (...)

The Hellenic Competition Authority clears the proposed merger between two natural gas transmission companies (Depa Infrastructure / Italgas)
Hellenic Competition Commission (Athens)
Clearance of the proposed acquisition of sole control over DEPA INFRASTRUCTURE SA* Subject: Approval of the notification of acquisition of sole control, by "ITALGAS NEWCO S.R.L", 100% subsidiary of "ITALGAS S.P.A." on company "DEPA INFRASTRUCTURE Sa" and through it, its three subsidiaries, (...)

The Indian Competition Authority fines renewable energy firm for gun-jumping (Adani Green / SB Energy)
Lakshmikumaran & Sridharan (New Delhi)
,
Lakshmikumaran & Sridharan (New Delhi)
,
Lakshmikumaran & Sridharan (New Delhi)
Adani Greens Energy Limited (“Adani Green/Acquirer”) was served with a show cause notice (“SCN”) on 14 August 2021 in relation to its acquisition of S.B. Energy Holding Limited (“S.B. Energy/Target”) (“Combination”). The notice for the Combination was filed on 18 May 2021, pursuant to the execution of (...)

The Indian Competition Authority fines a renewable energy firm a nominal sum for gun jumping in a first-of-its-kind decision (Adani Green / SB Energy)
Khaitan (Mumbai)
,
Khaitan (Mumbai)
In its order dated 9 March 2022, the Competition Commission of India (“CCI”) penalized Adani Green Energy Limited (“Adani Green”) for gun jumping in connection with its acquisition of S.B. Energy Holding Limited (“SB Energy” / “Target”). Per the CCI, the central issue was of Adani Green gaining access (...)

The US FTC approves a final order imposing divestitures and protecting retail fuel customers following an acquisition of 27 retail gasoline and diesel outlets (Global Partners / Richard Wiehl)
US Federal Trade Commission (FTC) (Washington)
Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Global Partners LP’s acquisition of 27 retail gasoline and diesel outlets owned or operated by Richard Wiehl violates federal antitrust laws. Under the terms of the final settlement, (...)

The Canadian Federal Court of Appeal confirms that the Competition Tribunal has the power to temporarily block mergers (Secure / Tervita)
Canadian Competition Bureau (Gatineau)
Federal Court of Appeal confirms that the Competition Tribunal has the power to temporarily block mergers* Court grants Commissioner’s appeal following Tribunal decision which concluded the contrary The Commissioner of Competition welcomes a recent ruling from the Federal Court of Appeal (FCA) (...)

The German Competition Authority clears takeover of petrol station network under the condition that 48 service stations be sold to third companies (EG Group / OMV Retail)
German Competition Authority (Bonn)
Acquisition of OMV petrol station network by EG Group (Esso) cleared under the condition that 48 service stations be sold to third companies* Today the Bundeskartellamt has cleared plans by EG Group Limited, Blackburn/UK, which operates the ESSO service station network in Germany, to acquire (...)

The Australian Competition Authority issues a determination allowing joint marketing arrangements amongst the four owners of a gas field (Central Petroleum / Macquarie Mereenie / New Zealand Oil and Gas / Cue Energy)
Australian Competition and Consumer Commission (Canberra)
Mereenie gas field joint venture allowed to jointly market gas* The ACCC has today issued a determination allowing joint marketing arrangements between the four owners of the Mereenie gas field in the Northern Territory. It is located in the Amadeus Basin, approximately 250 km west of Alice (...)

The Indian Competition Authority approves the merger between two power generation companies active in the upstream and downstream sectors as not likely to impact on competition (Jindal Power / Worldone)
Lakshmikumaran & Sridharan (New Delhi)
,
Lakshmikumaran & Sridharan (New Delhi)
,
Lakshmikumaran & Sridharan (New Delhi)
Worldone Private Limited (“Worldone/Acquirer”) is an investment holding company, engaged in various businesses including the business of manufacturing steel and captive thermal power generation. Worldone presently has shareholding in various entities, including Jindal Power Limited (“JPL / (...)

The Romanian Competition Authority approves takeover of oil services of a crude oil company by a technology services provider in the oil industry (Forasol / Schlumberger)
Romanian Competition Council (Bucharest)
The Competition council approved the taking over of some activities belonging to Schlumberger group by GSP* The Competition Council authorized the transaction by which Forasol S.R.L., a member of the GSP Group, took over some business related to activities in the field of oil services (...)

The New Zealand Competition Authority releases a statement of issues over a proposed acquisition of a national fuel company by an Australian rival (Ampol / Z Energy)
New Zealand Commerce Commission (Wellington)
Statement of Issues released for Ampol / Z clearance application* The Commerce Commission has published a statement of issues relating to an application from Ampol Limited (Ampol) seeking clearance to acquire 100% of the shares in Z Energy Limited (Z), subject to an undertaking from Ampol to (...)

The US FTC issues an order aimed at protecting retail fuel customers following a merger between 2 companies in the energy sector (Global Partners / Richard Wiehl)
US Federal Trade Commission (FTC) (Washington)
FTC Order Protects Retail Fuel Customers Following Global Partners LP’s Acquisition of Wheels* Proposed order preserves competition by requiring divestiture of 7 retail gasoline and diesel stations in Connecticut Global Partners LP and Richard Wiehl have agreed to divest to Petroleum Marketing (...)

The Australian Competition Authority does not oppose the merger between two oil and gas exploration and production companies (Woodside / BHP Petroleum)
Australian Competition and Consumer Commission (Canberra)
Woodside’s proposed acquisition of BHP Petroleum not opposed* The ACCC will not oppose Woodside Petroleum Limited’s (ASX: WPL) proposed acquisition of BHP Petroleum International Pty Ltd, a wholly owned subsidiary of BHP (ASX: BHP). Woodside and BHP Petroleum supply domestic natural gas in (...)

The Cypriot Competition Authority conditionally approves the market concentration and acquisition of a LPG storage and logistics company by a LPG management and production company (VLPG / YUGEN)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
The Commission for the Protection of Competition has decided that the concentration regarding the acquisition of the share capital of VLPG PLANT Ltd by YUGEN LIMITED (now EKO LOGISTICS Ltd) and the merged of Hellenic Petroleum S.A Group activities’ related to the storage and management of LPG (...)

The Indian Competition Authority unconditionally approves merger between two solar renewable energy companies (Reliance Solar / Sterling and Wilson solar)
Lakshmikumaran & Sridharan (New Delhi)
,
Lakshmikumaran & Sridharan (New Delhi)
,
Lakshmikumaran & Sridharan (New Delhi)
Reliance New Energy Solar Limited (“Reliance Solar / Acquirer”), a wholly owned subsidiary of Reliance Industries Limited (“RIL”), a newly incorporated entity and does not offer any products or services in India. Recently it has announced the acquisition of a stake in REC Solar, which is engaged in (...)

The Spanish Competition Authority clears a merger between an engineering company for nuclear power plants and a Spanish engineering group specialized in structural integrity services (Westinghouse Electric / Tecnatom)
Spanish Competition Authority (CNMC) (Madrid)
Westinghouse Electric Spain acquires exclusive control of Tecnatom.* On 14 December 2021, the CNMC cleared the corporate deal entailing the acquisition by Westinghouse Electric Spain, S.A.U. of exclusive control of Tecnatom, S.A. Westinghouse provides complete development, licensing, (...)

The Canadian Competition Authority approves the purchase of a retail gas station by an independent retail gas site operator, following the commitment by its previous owners, within a merger approval procedure, to sell said gas station to preserve competition in the supply of retail gasoline in Kemptville (Centex Petroleum / Quickie)
Canadian Competition Bureau (Gatineau)
Competition Bureau preserves competition in supply of retail gasoline in Kemptville, Ontario* The Competition Bureau has approved Centex Petroleum as the purchaser of the Quickie gas station in Kemptville, Ontario. The Bureau, MacEwen Petroleum Inc. and Grant Castle Corp had entered into a (...)

The US FTC approves the modification of remedies regarding the acquisition of a natural gas joint venture by a gas transmission pipeline (DTE Energy / Nexus)
US Federal Trade Commission (FTC) (Washington)
FTC Approves Modification of Final Order Related to NEXUS Gas Transmission, LLC, a Natural Gas Joint Venture* Following a public comment period, the Federal Trade Commission has approved a petition by DTE Energy Company to reopen and modify the FTC’s 2019 final order. The order remedied the (...)

The Australian Competition Authority issues a draft determination to allow joint marketing arrangements for natural gas produced from the Northern Territory’s Mereenie gas field
Australian Competition and Consumer Commission (Canberra)
Mereenie gas joint marketing to be allowed under ACCC draft determination* The ACCC has issued a draft determination to allow joint marketing arrangements for natural gas produced from the Northern Territory’s Mereenie gas field. The Mereenie oil and gas field is located in the Amadeus Basin, (...)

The UK Competition Authority finds in Phase I investigation that a merger between two helicopter services companies raises competition concerns (CHC / Babcock)
United Kingdom’s Competition Authority (CMA) (London)
Helicopter services deal raises competition concerns* The CMA has found that CHC’s completed purchase of Babcock’s oil and gas offshore helicopter business raises competition concerns in the UK. CHC and Babcock’s oil and gas offshore helicopter business (the Babcock Business) both provide (...)

The US FTC approves a final order requiring a national convenience store chain to divest itself of several of its gas stations for impeding competition in several States (7-Eleven / Speedway)
US Federal Trade Commission (FTC) (Washington)
FTC Approves Final Order Requiring Divestitures of Hundreds of Retail Gas and Diesel Fuel Stations Owned by 7-Eleven, Inc.* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that 7-Eleven’s acquisition of Marathon’s Speedway subsidiary (...)

The Canadian Competition Authority clears acquisition of 51 convenience stores subject to divestment of 1 store in Kemptville and other conditions (MacEwen / Grant Castle / Quickie)
Journal of Parliamentary and Political Law (Ottawa)
Introduction Canada’s Competition Bureau (‘Bureau’), which assists the Commissioner of Competition (‘Commissioner’) in the administration and enforcement of the Competition Act (‘Act’), announced on 29 October 2021 that the Commissioner had entered into a Consent Agreement (‘Agreement’) with MacEwen (...)

The US FTC restricts future acquisitions for firms that pursue anticompetitive mergers
McDermott Will & Emery (Washington)
,
McDermott Will & Emery (Washington)
,
Arnold & Porter Kaye Scholer (Brussels)
On October 25, 2021, the FTC announced a return to the practice of including prior approval provisions in consent decrees for allegedly anticompetitive mergers. This means that in addition to divesting a business, the FTC is requiring companies to obtain FTC prior approval before purchasing any (...)

The Croatian Competition Authority clears the acquisition of a national power transmission equipment manufacturer (Končar-Ulaganja / Construction line / Dalekovod)
Croatian Competition Agency (Zagreb)
CCA clears the concentration between Končar-Ulaganja and construction line limited / Dalekovod* The concentration between the undertakings concerned will predominantly affect two relevant markets: the provision of services relating to design, construction and maintenance of substations and the (...)

The US FTC requests a public comment on the application of an electric services company to modify its final order related to a natural gas joint venture (Nexus Gas Transmission / DTE Energy)
US Federal Trade Commission (FTC) (Washington)
FTC Requests Public Comment on DTE Energy Company’s Application to Modify Final Order Settling Competition Concerns Related to Natural Gas Joint Venture* The Federal Trade Commission is seeking public comment on a petition by DTE Energy Company to reopen and modify the FTC’s 2019 order, which (...)

The Indian Competition Authority unconditionally clears a merger between two energy companies (Odisha Power / Adani Power)
Lakshmikumaran & Sridharan (New Delhi)
,
Lakshmikumaran & Sridharan (New Delhi)
,
Lakshmikumaran & Sridharan (New Delhi)
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Adani Power Ltd. (“APL”) is a public listed company primarily engaged in the business of power generation by using coal based thermal power plants. APL directly (...)

The Romanian Competition Authority approves a partial acquisition of a Romanian gas distributor by an international financial institution (EBRD / Vestmoldtransgaz)
Romanian Competition Council (Bucharest)
Competition Council approved the transaction by which the European Bank For Reconstruction And Development takes over a part of Vestmoldtransgaz SRL* The Competition Council approved the operation by which the European Bank for Reconstruction and Development (EBRD) takes over a part of the (...)

The Dutch Competition Authority confirms an increase in the number of mergers that require further investigation due to potential effect on competition Free
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
ACM sees more and more mergers with anticompetitive risks* The Netherlands Authority for Consumers and Markets (ACM) has seen an increase in the number of mergers that require further investigation because of possible risks for the mergers having negative consequences. At the moment, ACM is (...)

The Hungarian Competition Authority investigates a merger between two companies engaged in the wholesale of electrical products affecting the construction sector (Sonepar Magyarország Kereskedelmi és Szolgáltató / Újfa-Vill Kereskedelmi)
Hungarian Competition Authority (Budapest)
The GVH is investigating a foreign acquisition in the construction industry* The Hungarian Competition Authority (GVH) has initiated a proceeding to investigate a merger of undertakings engaged in the wholesale of electrical products, which affects construction industry development projects as (...)

The Canadian Competition Authority challenges a proposed merger between two Western Canadian oil and gas waste service providers (Secure Energy / Tervita)
Canadian Competition Bureau (Gatineau)
Competition Bureau challenges proposed merger of rival oil and gas waste service providers Secure and Tervita* The Competition Bureau is seeking to block Secure Energy Services Inc.’s proposed acquisition of Tervita Corporation to protect competition for customers of oil and gas waste services (...)

The Croatian Competition Authority approves two mergers in the wholesale petrol products market and the production and sale of industrial cables sector (Petrol / Crodux Derivati Dva) (ISKRA / ELKA)
Croatian Competition Agency (Zagreb)
CCA APPROVES TWO MERGERS – PETROL D.D. / CRODUX DERIVATI DVA D.O.O. AND ISKRA D.O.O. / ELKA D.O.O.* By the implementation of the concentration concerned the acquiring company Petrol takes over the following businesses of Crodux Derivati Dva: the wholesale in petroleum products (petrol and (...)

The US FTC orders the divestiture of hundreds of shops following the acquisition of a retail fuel chain by the largest national convenience store chain (7-Eleven / Speedway)
US Federal Trade Commission (FTC) (Washington)
FTC Orders the Divestiture of Hundreds of Retail Stores Following 7-Eleven, Inc.’s Anticompetitive $21 Billion Acquisition of the Speedway Retail Fuel Chain* Proposed order prohibits 7-Eleven from enforcing noncompete provisions for franchisees or employees working at or doing business with (...)

The Norwegian Competition Authority fines an energy company for breach of disclosure requirements regarding its acquisition of a petrol station belonging to a competing chain (St1 Norge)
Norwegian Competition Authority (Bergen)
The Norwegian Competition Authority imposes a fine of NOK 3 million on St1 Norge AS* The Norwegian Competition Authority has today imposed a fine of NOK 3 million on St1 Norge AS for breach of disclosure requirements when it took control over a petrol station belonging to a competing chain. (...)

The Dutch Competition Authority clears a merger between two gas companies (Primagaz / Benegas)
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
ACM clears acquisition of gas company Primagaz by rival company Benegas* The Netherlands Authority for Consumers and Markets (ACM) has cleared the acquisition of gas company Primagaz Nederland by rival company Benegas. ACM does not expect the acquisition to lead to any price increases. The gas (...)

The French Competition Authority clears the acquisition of safety instrumentation and control undertaking by a national electricity company’s subsidiary (Framatome / Rolls-Royce)
French Competition Authority (Paris)
The Autorité clears the acquisition of the Rolls-Royce Group’s safety instrumentation and control business by Framatome, an EDF subsidiary* On 20 April 2021, Framatome notified the Autorité de la concurrence of its plan to acquire sole control of the entire safety instrumentation and control (...)

The Australian Competition Authority authorizes several energy companies to enter into a joint venture (Vali gas)
Australian Competition and Consumer Commission (Canberra)
Vali gas joint venture participants granted authorisation for joint marketing* The ACCC has granted authorisation for Vintage Energy Ltd (ASX: VEN), Metgasco Ltd (ASX: MEL) and Bridgeport (Cooper Basin) Pty Ltd, a wholly owned subsidiary of New Hope Corporation Limited (ASX: NHC), to enter (...)

The French Competition Authority blocks the takeover in the transport sector (Pipeline Méditerranée-Rhône / Ardian)
French Competition Authority (Paris)
Hydrocarbon transport by pipeline: the Autorité blocks the takeover of Société du Pipeline Méditerranée-Rhône (SPMR) by Ardian group* Background The Ardian group, which is notably active in the transport, telecommunications and renewable energy sectors, has notified the Autorité of its planned (...)

The French Competition Authority prohibits the acquisition of sole control of the company owning and managing a pipeline network that supplies refined oil products in the south-east of France (Pipeline Méditerranée-Rhône / Ardian)
Ashurst (Paris)
On 12 May 2021, the French Competition Authority ("FCA") prohibited the acquisition of sole control of the company owning and managing a pipeline network which supplies refined oil products in the south-east of France. It is only the second prohibition decision since the creation of the FCA. (...)

The Indonesian Competition Authority imposes penalties on six companies for failing to notify their respective transactions in accordance with the mandatory post-closing notification requirements under the national merger control regime (Taiko Plantations / Aplikasi Karya Anak Bangsa / Saratoga Investama Sedaya / Dharma Satya Nusantara / Travel Circle / Orix)
Ashurst (Singapore)
Key takeaways The Indonesian merger regime requires notifiable transactions to be submitted 30 days post-closing. Failure to meet filing deadlines could result in fines of at least IDR 1 billion being imposed. There is no express statute of limitations pursuant to the merger regime, meaning the (...)

The Spanish Competition Authority fines an oil company for not complying with previous voluntary remedies (Repsol)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC imposes a fine of 850,000 euros on Repsol Comercial de Productos Petrolíferos, S.A.* In 2014, Repsol acquired control of Societat Catalana de Petrolis, S.A. (Petrocat) The CNMC authorised the purchase, contingent on the oil company fulfilling a series of voluntary conditions. Repsol (...)

The UK Competition Authority finds that a merger between two petrol station groups would raise competition concerns (Bellis / Asda)
United Kingdom’s Competition Authority (CMA) (London)
Bellis’ purchase of Asda raises some competition concerns* The CMA has found that Bellis’ completed £6.8bn purchase of Asda could lead to higher petrol prices in some parts of the country. The Issa Brothers and private equity firm TDR Capital purchased Asda through jointly owned company Bellis. (...)

The Belgian Competition Authority approves the merger between two energy providers (Comfort Energy / Calpam)
Belgian Competition Authority (Brussels)
The Belgian Competition Authority approves the acquisition by Comfort Energy NV of Calpam Belgium NV and its subsidiary Mazout.be SRL (together called “Q8 Mazout”*) The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) has approved on 29 April 2021 the acquisition (...)

The EU Commission clears subject to conditions a merger between two energy providers (Eaton Hydraulics / Danfoss)
European Commission - DG COMP (Brussels)
Mergers: Commission clears acquisition of Eaton Hydraulics by Danfoss, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Eaton’s hydraulics business (“Eaton Hydraulics”) by Danfoss. The approval is conditional on full (...)

The EU Commission unconditionally clears a fuel-cell joint venture aiming to achieve climate-neutral and sustainable transportation (Volvo / Daimler)
Cleary Gottlieb Steen & Hamilton (Brussels)
,
Columbia Law School
Volvo Group (“Volvo”) and Daimler Truck AG (“Daimler”), notified a joint venture (“JV”) in the relatively novel but rapidly evolving hydrogen fuel-cell sector to the European Commission (“EC”, the “Commission”) . The JV cellcentric GmbH & Co. KG, based in Germany, will be active in the development, (...)

The French Competition Authority clears a transaction in the hydrogen production sector (Storengy / DMSE)
French Competition Authority (Paris)
The Autorité clears the stake acquired in Storengy, a subsidiary of Engie, by DMSE, a company created by the Metropolitan Authority of Dijon and the group Rougeot, which is active in the hydrogen production sector* Background When examining the transaction concerning the stake acquired by DMSE (...)

The French Competition Authority delivers its first-ever analysis of the hydrogen sector by clearing a transaction (Storengy / DMSE)
White & Case (Paris)
,
White & Case (Dusseldorf)
At a time when the European Union and many Member States have just unveiled their hydrogen strategy, the French Competition Authority takes the lead in delivering the very first analysis of the emerging hydrogen sector in a merger control case. In addition, contrary to the well-established (...)

The Australian Competition Authority grants interim authorisation for three national gas exploration company to enter into joint marketing arrangements (Vintage Energy / Metgasco / Bridgeport)
Australian Competition and Consumer Commission (Canberra)
Vali joint venture granted interim authorisation for gas marketing arrangements* The ACCC has granted interim authorisation for Vintage Energy Ltd (ASX: VEN), Metgasco Ltd (ASX: MEL) and Bridgeport (Cooper Basin) Pty Ltd to enter into joint marketing arrangements. Vintage, Metgasco and (...)

The Dutch Competition Authority further investigates an acquisition of a national gas company by its competitor (Primagaz / Benegas)
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
Further investigation needed into acquisition of gas company Primagaz by rival company Benegas* Gas company Benegas wishes to acquire rival company Primagaz Nederland. The Netherlands Authority for Consumers and Markets (ACM) has come to the conclusion that a further investigation is needed (...)

The Irish Competition Authority carries out a phase 2 investigation of an energy corporation and state-owned forest company’s joint venture (ESB / Coillte)
Irish Competition Authority (Dublin)
CCPC to carry out a Phase 2 investigation of ESB and Coillte joint venture* The Competition and Consumer Protection Commission (CCPC) has decided to carry out a full Phase 2 investigation into the proposed joint venture between the Electricity Supply Board (ESB) and Coillte Cuideachta (...)

The French Competition Authority opens an investigation into the acquisition of an oil pipeline company by a private equity investment firm (SPMR / Ardian Group)
French Competition Authority (Paris)
The Autorité de la concurrence opens an in-depth examination into the acquisition of Société du Pipeline Méditerranée-Rhône (SPMR) by Ardian Group* On 14 September 2020, Ardian France, a French private equity and asset management company notified of its plan to acquire exclusive control of the oil (...)

The Indian Competition Authority approves a merger between two power generation companies as the proposed combination is unlikely to cause any competition concerns (Greenko Energy Holdings / Orix)
Lakshmikumaran & Sridharan (New Delhi)
,
Lakshmikumaran & Sridharan (New Delhi)
,
Lakshmikumaran & Sridharan (New Delhi)
Greenko Energy Holdings (“GEH / Party No. 1”) is a company limited by shares incorporated in Mauritius, engaged principally in the business activity of investment holding. It is the holding company of the Greenko Group of Companies (“Greenko”). GEH has an Indian subsidiary which is primarily (...)

The Slovak Competition Authority opens proceedings for the merger of two energy companies (ČEZ ESCO / Slovenský plynárenský priemysel)
Slovak Competition Authority (Bratislava)
MERGERS: AMO SR initiated an administrative proceedings in the matter of a merger of companies ČEZ ESCO, a.s., and Slovenský plynárenský priemysel, a. s.* On 10 November 2020 the Antimonopoly Office of the Slovak Republic, the Division of Concentrations, (hereafter "the Office”) initiated an (...)

The Polish Competition Authority imposes a maximum fine due to lack of approval for the joint venture to 6 companies participating in the construction of a gas pipeline (Gazprom / Nord Stream 2)
Polish Competition Authority (Warsaw)
Nord Stream 2 - maximum penalties imposed by UOKiK President* Tomasz Chróstny, President of UOKiK, has imposed a penalty of over PLN 29 bn on Gazprom, and of over PLN 234 mln on 5 remaining companies participating in the construction of the gas pipeline - as a result of the lack of approval for (...)

The US FTC approves final order imposing divestitures as a condition of a merger in the markets for gasoline and diesel fuel (Arko Holdings / Empire Petroleum Partners)
US Federal Trade Commission (FTC) (Washington)
FTC Approves Final Order Imposing Conditions on Arko Holdings Ltd.’s Acquisition of Empire Petroleum Partners, LLC* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Arko Holdings Ltd.’s acquisition of Empire Petroleum Partners, LLC (...)

The Polish Competition Authority imposes its biggest fine for gun jumping in the energy sector (Gazprom / Nord stream 2)
Bird & Bird (Warsaw)
,
Bird & Bird (Warsaw)
The President of the Polish Office of Competition and Consumer Protection ("UOKiK") has imposed the biggest fine for gun-jumping ever by a national competition authority. The UOKiK imposed a fine of over PLN 29 billion (approx. EUR 6.5 billion) on Gazprom, and a total of over PLN 294 million (...)

The Polish Competition Authority imposes a record fine against gas industry company in a joint-venture case (Gazprom)
Bird & Bird (Warsaw)
,
University of Warsaw
By the decision of 6 October 2020 No. DKK-178/2020 (“Decision”) and after a two-year formal investigation the Polish Competition Authority (“PCA”) finalized its action against Nord Stream 2 project and imposed fine of PLN 29,075,726,808 (ca. EUR 6.4 billion) on PJSC “Gazprom” (“Gazprom”). In the (...)

The Polish Competition Authority imposes fines for failure to report concentration and for failure to provide information during a market study on two companies in the gas market (AmeriGas / Linde Gaz)
Polish Competition Authority (Warsaw)
Concentration control - fines imposed by the President of UOKiK* Fines for concentration without the consent of the President of the Office and for failure to provide information during the proceedings - these are the latest decisions of the President of UOKiK Tomasz Chróstny regarding (...)

The EU Commission opens an in-depth investigation into the acquisition of a company involved in hydraulic components (Eaton Hydraulics / Danfoss)
European Commission - DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into the proposed acquisition of Eaton Hydraulics by Danfoss* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Eaton’s hydraulics business (“Eaton Hydraulics”) by Danfoss under the EU Merger (...)

The Italian Competition Authority fines three energy companies for late merger notification (Acea / Mediterranea Energia / Alma)
Giannino SI (Monserrato)
In Pescara Distribuzione Gas the Italian Competition Authority (ICA) has found Acea, Mediterranea Energia (ME) and Alma CIS (Alma) guilty of gun-jumping for late merger control notification. They violated Article 16(1) of the Law no. 287/1990 whereby mergers exceeding the statutory dimensional (...)

The Italian Competition Authority fines three companies active in the energy sector for gun jumping (Acea / Mediterranea Energia / Alma)
Ashurst (Brussels)
,
Ashurst (Brussels)
,
Ashurst (Milan)
On 15 September 2020 the Italian Competition Authority ("AGCM") fined three companies active in the production and distribution of energy for failure to notify a concentration before its closing, rejecting the parties’ claim that the concentration was interdependent on a second transaction that (...)

The Italian Competition Authority imposes a fine for gun jumping on gas distributors (Acea / Mediterranea Energia / Alma)
Van Bael & Bellis (Brussels)
On 15 September 2020, the Italian Competition Authority (“ICA”) imposed a € 153,000 fine on three companies, Acea, Mediterranea Energia and Alma C.I.S., for failing to notify a transaction before closing. The three acquiring companies had purchased one target, Pescara Distribuzione Gas, in March (...)

The Czech Supreme Administrative Court overturns an inferior court’s decision to reduce a gun jumping fine to a disproportionate level (Armex Oil)
Bird & Bird (Prague)
,
Bird & Bird (Prague)
Supreme Administrative Court decides on clearly disproportionate fines for unauthorized acquisition. In 2013, the company ARMEX Oil acquired an ownership interest in the company TRANSCARGO without notifying the Competition Protection Office ("Office") and awaiting its approval. Two years (...)

The Czech Supreme Administrative Court rejects moderation of fine imposed for gun jumping in the energy sector (Armex Oil)
Skils (Prague)
On 14 September 2020, the Supreme Administrative Court (SAC) granted a cassation appeal lodged by the Czech Office for Protection of Competition (Office) against the previous judgment of the Regional Court in Brno of 5 June 2019 (Ref.No. 29 Af 96/2016) relating to the proceedings conducted by (...)

The Danish Competition Authority approves takeover of subsidiary and customer agreements as fulfillment of remedy required in merger of parent company in the natural gas market (OK / Ørsted Varmeservice)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council has approved OK a.m.b.a.’s acquisition of natural gas customer agreements and Ørsted Varmeservice A/S* On 18 August 2020, the Danish Competition and Consumer Authority (hereinafter “DCCA”) received a complete notification of OK a.m.b.a.’s (hereinafter “OK”) (...)

The US FTC requires divestitures as a condition of a merger in the markets for gasoline and diesel fuel (Arko Holdings / Empire Petroleum Partners)
US Federal Trade Commission (FTC) (Washington)
FTC Requires Divestitures as Condition of Arko Holdings Ltd.’s Acquisition of Empire Petroleum Partners, LLC* Arko Holdings Ltd. and Empire Petroleum Partners, LLC have agreed to divest retail fuel assets in local gasoline and diesel fuel markets across four states to settle Federal Trade (...)

The US FTC approves final order imposing conditions on the transfer of ownership between energy companies (Tri Star Energy / Hollingsworth Oil Company / C & H Properties / Ronald L. Hollingsworth)
US Federal Trade Commission (FTC) (Washington)
FTC Approves Final Order Imposing Conditions on Tri Star Energy, LLC’s Acquisition of Certain Assets of Hollingsworth Oil Company, Inc., C & H Properties, and Ronald L. Hollingsworth* Following a public comment period, the Federal Trade Commission has approved a final order settling charges (...)

The Polish Competition Authority fines €50 million a gas company for failure to cooperate in the investigation into the construction of a gas pipeline (Gazprom)
Polish Competition Authority (Warsaw)
Nord Stream 2 - President of UOKiK imposes penalty on Gazprom* President of UOKiK Tomasz Chróstny has imposed a penalty of PLN almost 213 mln on Gazprom for failure to cooperate in the investigation conducted in relation to the construction of Nord Stream 2 gas pipeline. Such an obligation (...)

The Polish Competition Authority fines a gas industry company for refusal to provide the information requested during merger investigation (Gazprom / Nord Stream 2)
Bird & Bird (Warsaw)
,
University of Warsaw
By the decision of 29 July 2020 (No. DKK-141/2020) the Polish Competition Authority (“PCA”) imposed a fine of PLN 223,925,000 (EUR 50 million) on PJSC “Gazprom” for failing to comply with the request for information circulated in the course of merger control proceedings. This is the highest fine (...)

The Mexican Competition Authority imposes fine for failure to notify a concentration in the energy sector and authorises the transaction (BAS Corporation / ESZ KI / ESZ KII / EXI Solar)
Mexican Competition Authority (Mexico City)
COFECE sanctions BAS Projects Corporation, ESZ KI, ESZ KII, and EXI Solar for failing to notify a concentration and authorizes the transaction* Imposes fines totaling to 977 thousand Mexican pesos. Authorizes the concentration considering that the operation does not pose risks to the process (...)

The EU Commission clears a merger subject to conditions of Polish integrated oil & gas companies active in many Central & Eastern European and Baltic countries, subject to conditions (Lotos / PKN Orlen)
European Commission - DG COMP (Brussels)
Mergers: Commission clears Lotos’ acquisition by PKN Orlen, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of Grupa Lotos by PKN Orlen. The approval is conditional on full compliance with a commitments package offered by PKN Orlen. (...)

The EU Commission clears an oil and gas merger after a phase II investigation (PKN Orlen / Lotos)
Van Bael & Bellis (Brussels)
On 14 July 2020, the European Commission (the “Commis‐ sion”) conditionally approved PKN Orlen’s acquisition of rival Grupa Lotos (“Lotos”) after a Phase II investigation. The parties are large Polish oil and gas companies active in Poland and in a number of other Central European, East‐ ern European (...)

The US FTC fines $3.5 million a retail fuel station operator and its affiliate for violation of a settlement agreement requiring the divesture of 10 retail gas stations (Alimentation Couche-Tard / CrossAmerica Partners)
McDermott Will & Emery (Washington)
,
McDermott Will & Emery (Washington)
The US Federal Trade Commission (FTC) recently extracted a $3.5 million civil penalty from two companies involved in a gas station merger. The FTC asserts the companies violated their settlement agreement with the government, which required the divestment of 10 gas stations within 120 days from (...)

The US FTC fines retail fuel station operator and its affiliate for failing to divest 10 retail gas stations as required by earlier order (Alimentation Couche-Tard / CrossAmerica Partners)
US Federal Trade Commission (FTC) (Washington)
Alimentation Couche-Tard Inc. and CrossAmerica Partners LP Agree to Pay $3.5 Million Civil Penalty to Settle FTC Allegations that they Violated 2018 Order* Retail fuel station and convenience store operator Alimentation Couche-Tard Inc. (“ACT”) and its former affiliate, CrossAmerica Partners LP (...)

The Danish Competition Authority approves an energy and fiber optic group’s acquisition of several companies from another energy group with services covering mostly separate geographic markets, subject to divestment of customers in a highly overlapping market (SEAS-NVE / Ørsted)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council has approved SEAS-NVE A/S’ acquisition of several companies from Ørsted A/S subject to commitments* On 28 May 2020, the Danish Competition and Consumer Authority (hereinafter “DCCA”) received a complete notification of SEAS-NVE A/S’ (hereinafter “SEAS-NVE”) (...)

The US FTC clears transfer of ownership over certain assets between energy companies subject to divestments (Tri Star Energy / Hollingsworth Oil Company / C & H Properties / Ronald L. Hollingsworth)
US Federal Trade Commission (FTC) (Washington)
FTC Requires Divestitures as Condition of Tri Star Energy, LLC’s Acquisition of Certain Assets of Hollingsworth Oil Company, Inc., C & H Properties, and Ronald L. Hollingsworth* Tri Star Energy, LLC and Hollingsworth Oil Company, Inc., C & H Properties, and Ronald L. Hollingsworth have (...)

The Danish Competition Authority conditionally clears an acquisition in the natural gas sector subject to the divestment of 107,000 consumers (SEAS-NVE / Ørsted)
Bird & Bird (Copenhagen)
,
Bird & Bird (Copenhagen)
On 28 May 2020, the Danish Competition and Consumer Authority (DCCA) received a complete notification of SEAS-NVE A/S’ (SEAS-NVE) acquisition of control of several subsidiaries of Ørsted A/S. Based on an overall assessment, the DCCA assessed that the merger would give rise to unilateral effects (...)

The Cypriot Competition Authority announces the notification of a merger in the TV and radio sectors by a group of companies in the energy sector (Alpha Satellite Television / Alpha Radio / Alpha Radio Kronos / Motor Oil Corinth Refineries / Mediamax)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Notification of a concentration concerning the acquisition of share capital of Alpha Satellite Television SA, Alpha Radio SA and Alpha Radio Kronos SA by Motor Oil (Hellas) Corinth Refineries SA, through Mediamax Holdings Ltd.* The Service of the Commission for the Protection of Competition (...)

The French Competition Authority clears a transaction in the electrical engineering sector (Snef / Steam Power Delta)
French Competition Authority (Paris)
The Autorité clears takeover of Steam Power Delta by Groupe Snef* Groupe Snef notified the Autorité de la concurrence of its proposed takeover of Steam Power Delta. After examining the effects of the transaction, the Autorité de la concurrence has cleared the transaction unconditionall The (...)

The Turkish Competition Authority acknowledges that market shares are not the sole indicators of market power and grants an unconditional clearance to the acquisition of a company in the energy sector (IGA Akaryakıt / THY / Total / Zirve)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case summary concerns an analysis of the Turkish Competition Board’s (“Board”) IGA Akaryakıt/THY/Total/Zirve decision, in which the Board evaluated the acquisition of joint control over IGA Havalimanı Akaryakıt Hizmetleri A.Ş.’s (“IGA Akaryakıt”) shares by Türk Hava Yolları A.O. (“THY”), Total Oil (...)

The EU Commission clears a merger, subject to remedies, in the markets for batteries and portable battery chargers (Varta / Energizer)
European Commission - DG COMP (Brussels)
Mergers: Commission approves Varta AG’s acquisition of Energizer’s divestment business, subject to conditions* The European Commission has approved, under the EU Merger Regulation, Varta AG as a suitable purchaser of assets divested by Energizer in order to acquire Spectrum Brands’ batteries and (...)

The Indian Competition Authority imposes a penalty on an undertaking which only notified the first acquisition of an energy company without doing so for the subsequent acquisitions (CPPIB / ReNew Power)
Shardul Amarchand Mangaldas (New Delhi)
,
Shardul Amarchand Mangaldas (New Delhi)
,
Shardul Amarchand Mangaldas (New Delhi)
Where a transaction qualifies as a notifiable combination, the notifying party/parties must also notify any inter- connected transactions, even where they are not in themselves notifiable. Failure to do so can result in penalties under Section 43A of the Competition Act for failure to notify. (...)

The Italian Competition Authority clears a merger subject to remedies in the natural gas distribution market (AcegasApsAmga / Ascopiave)
Italian Competition Authority (Rome)
Antitrust: The acquisition of control of the business units of AcegasApsAmga S.p.A. by Ascopiave S.p.A. authorized with conditions* On 19 November 2019, the Italian Antitrust Authority authorized, with remedies, the acquisition of control of the business units of AcegasApsAmga S.p.A. by (...)

The Polish Competition Authority fines €40 million a company in the energy sector for not providing requested information during an investigation (Engie)
Bird & Bird (Warsaw)
,
Bird & Bird (Warsaw)
On 7 November 2019, the Polish Office of Competition and Consumer Protection ("UOKiK") imposed a PLN 172 million (EUR 40 million) fine on Engie Energy Management Holding Switzerland AG ("Company") for not providing requested information. The fine was imposed due to the lack of response to (...)

The Turkish Competition Authority unconditionally approves an acquisition concluding that the parties, both controlled by Chinese State authorities, constitute separate entities (Tsinghua Tongfang / CNNC Capital)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case summary concerns an analysis of the Board’s CNNC Capital/Tongfang decision, regarding the acquisition of sole control over Tsinghua Tongfang Co. Ltd. (“Tongfang”) by China National Nuclear Corporation Capital Holdings Co. Ltd. (“CNNC Capital”). The Board assessed whether the parties, both (...)

The French Competition Authority clears a merger in the energy efficiency sector (Économie d’Énergie / La Poste)
French Competition Authority (Paris)
The Autorité de la concurrence clears the acquisition of Économie d’Énergie by Le Groupe La Poste.* Le Groupe La Poste notified the Autorité of its plans to take exclusive control of Économie d’Énergie. This transaction is part of Le Groupe La Poste’s strategy to diversify its activities, resulting in (...)

The German Competition Authority clears a merger in the food wholesale market (Rewe / Lekkerland)
German Competition Authority (Bonn)
Rewe can acquire Lekkerland – Bundeskartellamt clears merger* Today the Bundeskartellamt has cleared the acquisition by the Rewe Group of Lekkerland AG & Co. KG. Andreas Mundt, President of the Bundeskartellamt: “Together Rewe and Lekkerland only achieve an unproblematic market share of (...)

The EU Commission conditionally clears a merger in the energy sector subject to remedies following a second phase investigation (E.ON / Innogy)
Van Bael & Bellis (Brussels)
On 17 September 2019, the European Commission (“Commission”) conditionally cleared E.ON’s acquisition of Innogy from its parent company, RWE, following a second phase investigation. E.ON and Innogy are German energy companies active across the full energy chain, from generation to distribution. (...)

The EU Commission clears a merger subject to remedies in the market for the supply of electricity (E.ON / Innogy)
European Commission - DG COMP (Brussels)
Mergers: Commission clears E.ON’s acquisition of Innogy, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition by E.ON of Innogy’s distribution and consumer solutions business as well as certain of its electricity generation assets. The (...)

The US FTC requires the parties in a sale of natural gas pipeline to revise their agreement in order to eliminate a non-compete covenant deemed unreasonably limited in scope (Nexus Gas Transmission / DTE Energy)
Fried Frank Harris Shriver & Jacobson (New York)
,
Fried Frank Harris Shriver & Jacobson (New York)
,
Kirkland & Ellis (New York)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In a September 13, 2019 enforcement action, the Federal Trade Commission required the parties in a sale of a natural gas pipeline to revise their agreement to (...)

The Turkish Competition Authority approves a merger focusing its analysis on whether the two state-owned undertakings belong to the same economic unit and whether competition in the relevant product markets takes place on a global level due to their import-oriented nature (Sabic / Saudi Aramco)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case summary concerns an analysis of the Turkish Competition Board’s (“Board”) Saudi Aramco/Sabic decision, in which the Board focused on whether the two state-owned undertakings belonged to the same economic unit, while also analysing whether competition in the relevant product markets takes (...)

The EU Commission opens an in-depth investigation regarding a merger in the supply of fuels market (PKN Orlen / Lotos)
European Commission - DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into PKN Orlen’s proposed acquisition of Lotos* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Lotos by PKN Orlen, under the EU Merger Regulation. The Commission is concerned that the merger may (...)

The Croatian Competition Authority clears a merger in the liquified petroleum gas wholesale and retail market (Petrol / Crodux Plin)
Croatian Competition Agency (Zagreb)
CCA approved Petrol/Crodux Plin LPG part of business concentration* By implementing the concentration Petrol will acquire the Crodux Plin LPG part of the business, including the undertaking Adria-Plin that operates in the LPG retail at the regional level, at one point of sale in Split-Dalmatia (...)

The Danish Competition Authority fines the national oil and petrol service station company for failure to notify an acquisition as required under the merger control rules (Circle K)
Bird & Bird (Copenhagen)
,
Bird & Bird (Copenhagen)
On 26 June 2019, the Danish Competition and Consumer Authority ("CCA") announced that the Danish oil and petrol service station company Circle K Denmark A/S accepted to pay a fine of DKK 6.000.000 (EUR 800.000) for failure to notify an acquisition as required under the merger control rules in (...)

The Danish Competition Authority clears a merger subject to remedies in the market of retail provision of TV services via fibre optic infrastructure (SE / Eniig)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council has approved the merger between SE a.m.b.a and Eniig a.m.b.a. subject to remedies* On 21 December 2018 the Danish Competition and Consumer Authority (hereinafter “DCCA”) received a complete notification of the merger between SE a.m.b.a. (hereinafter “SE”) and Eniig (...)

The Polish Competition Authority conditionally clears a merger in the fuel retail market (BP Europe / ARGE)
White & Case (Warsaw)
,
European Commission - DG COMP (Brussels)
,
White & Case (Warsaw)
Background On 29 June 2018, the OCCP initiated the merger proceedings concerning acquisition of ARGE Nieruchomości sp. z o.o. (“ARGE RE”) and ARGE Paliwa sp. z o.o. (“ARGE”)’s assets from BP Europa (“BP”). More specifically, the proposed transaction considered the acquisition of several real estates (...)

The EU Commission fines a multinational conglomerate company for providing incorrect information during the assessment of its merger (General Electric)
European Commission - DG COMP (Brussels)
Mergers: Commission fines General Electric €52 million for providing incorrect information in LM Wind takeover* The European Commission has fined General Electric €52 million for providing incorrect information during the Commission’s investigation under the EU Merger Regulation of GE’s planned (...)

The Hellenic Competition Authority clears an acquisition in the market of aluminium (Epalme / Mytilineos)
Kyriakides Georgopoulos (Athens)
MERGER CONTROL MYTILINEOS HOLDINGS S.A. - EP.AL.ME. S.A. HCC (682/2019) In November 2018, the “HCC, was called to clear the acquisition of 97.87% of the outstanding share capital of EP.AL.ME. S.A. (“EPALME”) by MYTILINEOS HOLDINGS S.A. (“MYTILINEOS”). With this acquisition, MYTILINEOS was (...)

The EU Commission opens an in-depth investigation concerning a merger in retail markets for electricity and gas (E.ON / Innogy)
European Commission - DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into E.ON’s proposed acquisition of Innogy* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Innogy by E.ON under the EU Merger Regulation. The Commission has concerns that the proposed (...)

The Indian Competition Authority approves the acquisition of an energy company by investment firms with minor common shareholdings in competing firms (Global Power Solutions / Brookfield Assets Management / Caisse de dépôt et placement du Québec)
Vaish Associates Advocates (New Delhi)
Commission approves acquisition of Global Power Solutions Business of Johnson Control by Brookfield* CCI, by way of order dated 14.02.2019, has approved the acquisition of the Global Power Solutions business(“GPS”) of Johnson Controls International plc (“JCI”) by Brookfield Assets Management Inc. (...)

The Indian Competition Authority approves a private takeover of a publicly held energy company affecting the power sector by financing and consulting markets (REC / Power Finance Corporation)
Vaish Associates Advocates (New Delhi)
CCI approves acquisition of REC Ltd by Power Finance Corporation Ltd* By way of order dated 31.01.2019, CCI has approved the acquisition of around 52.63% equity stake along with management control in REC Ltd (“REC”) by Power Finance Corporation Ltd (“PFC”). The acquisition is the aftermath of the (...)

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues