Behavioural remedies

Mergers

The Spanish Competition Authority approves with commitments the purchase of an online wedding platform by its biggest rival (Zankyou / Wedding Planner) New
Spanish Competition Authority (CNMC) (Madrid)
The CNMC approves with commitments the purchase of Zankyou by Wedding Planner* The transaction concerns the provision of online search services related to weddings and the market for digital platforms offering wedding planning services in Spain. Wedding Planner has committed, among other (...)

The Spanish Competition Authority initiates proceedings against a telecom on the grounds that the firm has breached commitments it made when acquiring a television company (Telefónica / DTS)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC initiates disciplinary proceedings against Telefónica* Telefónica allegedly failed to comply with certain commitments it made when acquiring DTS (formerly Sogecable) in 2015. Among others, it committed to avoiding long-term obligations for its customers, directly or indirectly related to (...)

The Irish Competition Authority accepts a grocery chain and grocery wholesaler combination, subject to binding commitments to not exchange commercially sensitive information (BWG Foods / McCarrick Brothers Wholesale)
Irish Competition Authority (Dublin)
CCPC requires binding commitments from BWG to acquire McCarrick’s* The Competition and Consumer Protection Commission (CCPC) has cleared, subject to a number of legally binding commitments, the proposed acquisition by BWG Foods Unlimited Company (BWG) of McCarrick Brothers Wholesale Longford (...)

The US FTC approves the acquisition of a shop selling goods to small farmers and ranchers by a rival subject to divestments (Tractor Supply / Orscheln Farm and Home)
US Federal Trade Commission (FTC) (Washington)
FTC Approves Consent Order Addressing Concerns Over Tractor Supply’s Acquisition of Orscheln Farm and Home* Order requires Tractor Supply to divest Orscheln stores, corporate offices, and distribution center to smaller farm store chains The Federal Trade Commission approved a consent order (...)

The Spanish Competition Authority clears the acquisition of a pharmaceutical company by a rival subject to commitments to abolish rules which require minimum purchase orders and minimum period of permanence (Hefame / Cofarcu)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC cleared 11 mergers in October* All but one were approved in the first phase and without commitments, as they did not pose problems for competition in the affected markets. The Hefame/Cofarcu merger was approved in the first phase with commitments. The sectors affected by these (...)

The French Competition Authority fines a multinational telecommunications company €75M for the clearance of penalty payments and non-compliance with injunctions issued in 2017 (Altice)
French Competition Authority (Paris)
Connecting buildings to the fibre optic network (Faber contract): the Autorité fines Altice 75 million euros for the clearance of penalty payments and non-compliance with injunctions issued in 2017* Background For the record, the Autorité de la concurrence had cleared the takeover of SFR by the (...)

The Croatian Competition Authority conditionally approves the merger between two car companies subject to promises of transparency and non-discriminatory behaviour (Grand Automotive / Renault Nissan Hrvatska)
Croatian Competition Agency (Zagreb)
CONDITIONALLY APPROVED CONCENTRATION BETWEEN GRAND AUTOMOTIVE LLP/GRAND AUTOMOTIVE RD LTD. AND RENAULT NISSAN HRVATSKA* The Croatian Competition Agency conditionally approved the concentration between Grand Automotive LLP/Grand Automotive RD Ltd. and Renault Nissan Hrvatska. Grand Automotive (...)

The French Competition Authority clears an acquisition of a distributor of high-end bedding products by a rival and producer of such products (Compagnie du Lit / Finadorm)
French Competition Authority (Paris)
The Autorité de la concurrence clears, subject to conditions, the takeover of Compagnie du Lit by France Literie* On 3 January 2022, the Finadorm Group (France Literie) notified the Autorité de la concurrence of its plan to acquire sole control of the CDL Group (La Compagnie du Lit). Parties to (...)

The UK Government clears the acquisition of a national aerospace company by an American motion control technology company subject to commitments to remedy national security concerns (Meggitt / Parker-Hannifin)
United Kingdom’s Competition Authority (CMA) (London)
Update on the proposed acquisition of Meggitt plc by Parker-Hannifin Corporation* Business Secretary Kwasi Kwarteng updates on the proposed acquisition of Meggitt plc by Parker-Hannifin Corporation. Following advice from the Ministry of Defence and the Competition and Markets Authority and (...)

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 Austrian Competition Authority clears subject to remedies the merger between a dairy retail and a dairy distribution company (Salzburger Alpenmilch Genossenschaft / Gmundner Molkere)
Austrian Competition Authority (Vienna)
Merger of Salzburger Alpenmilch Genossenschaft eGen and Gmundner Molkerei eGen cleared subject to remedies in Phase I: Commitments with minimum guarantees for dairy farmers adopted* The Austrian Federal Competition Authority (“AFCA”) was notified of the planned merger of Salzburger Alpenmilch (...)

The Spanish Competition Authority initiates three sanctioning proceedings against two funeral home companies for breach of the duty to notify the commission of mergers and acquisitions before execution (Albia / Funespana)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC initiates three sanctioning proceedings for breach of the duty to notify mergers or acquisitions before executing them* The sanctioning proceedings affect Albia Gestión de Servicios, S.L.U. (a subsidiary of the Santa Lucía group), which acquired exclusive control of the funeral homes (...)

The Spanish Competition Authority imposes gun jumping fines on two funeral service providers for failure to notify transactions meeting the market share threshold (Albia / Funespaña)
Clifford Chance (Madrid)
Companies should be cautious and carry out reasonable assessments prior to disregarding the need to notify a transaction based on the Spanish market share threshold Concentrations of business operations leading to a market share of 30% or more (or of 50% or more where the target’s Spanish (...)

The Italian Competition Authority revokes the remedies imposed upon the incumbent pay-TV operator in relation to acquisition of its main competitor’s pay-TV business due to market changes during COVID -19 (Sky / R2)
Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
On April 12, 2022, the Italian Competition Authority (the AGCM or “ICA”), following a formal investigation for the review of remedies imposed upon a concentration, revoked the measures that it had imposed on SKY Italian Holding SpA (“SKY”)—the leading pay-TV broadcaster in Italy—to offset 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 German Competition Authority clears the acquisition of 58 stores by a hypermarket chain subject to a management buyout (Real / Dr Tischendorf)
German Competition Authority (Bonn)
Bundeskartellamt clears acquisition and further operation of 58 “Real” stores – purchasing agreement to be reviewed separately* The Bundeskartellamt has today cleared under merger control the acquisition of 58 more “Real” stores by real Beteiligungs- und Service GmbH, Frankfurt am Main, from SCP (...)

The EU Commission clears the merger between a Big Tech company and a provider of customer service and support CRM software, subject to conditions (Meta / Kustomer)
European Commission - DG COMP (Brussels)
Mergers: Commission clears acquisition of Kustomer by Meta (formerly Facebook), subject to conditions* The European Commission has today approved under the EU Merger Regulation the proposed acquisition of Kustomer by Meta (formerly Facebook). The approval is conditional on full compliance with (...)

The EU Commission, along with the German and UK Competition Authorities clears the acquisition of a provider of customer relationship management software by a Big Tech company (Meta / Kustomer)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (London)
On 27 January 2022, the Commission conditionally cleared Meta’s (formerly Facebook) acquisition of Kustomer, a small, innovative customer relationship manager (“CRM”) software creator. In a parallel process, the German Federal Cartel Office (“FCO”) cleared the same transaction with regard to Germany (...)

The Danish Competition Authority approves an acquisition of sole control over two newspaper distributors by a national media company subject to commitments (JP/Politikens Hus / Dansk Avis Omdeling / Bladkompagniet)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council has approved JP/Politikens Hus’ acquisition of sole control over Dansk Avis Omdeling A/S and A/S Bladkompagniet subject to commitments* On 15 December 2021 the Danish Competition Council has approved JP/Politikens Hus A/S’ (“JP/Politiken”) acquisition of sole control (...)

The Romanian Competition Authority launches a public debate over an online food delivery platform’s proposals to mitigate competition concerns arising from the potential acquisition of German rivals (Glovoappro / Foodpanda / Delivery Hero)
Romanian Competition Council (Bucharest)
The Competition Council launches for public debate the commitments proposed by Glovoappro s.r.l. to take over Foodpanda ro s.r.l. and Delivery Hero dmart s.r.l.* The Competition Council launches for public debate the commitments formulated by Glovoappro S.R.L. (“Glovo”) in order to eliminate the (...)

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 Italian Competition Authority conditionally clears the acquisition of a bank by its rival (SIA / Nexi)
Italian Competition Authority (Rome)
C12373 - ICA: Nexi-Sia merger authorised subject to conditions* The measures imposed by the Authority serve to ensure that potential new market entrants can operate effectively on a commercial basis and to prevent any discrimination The Italian Competition Authority authorised the merger by (...)

The Italian Competition Authority conditionally approves a merger between two payment service operators following a Phase II investigation (Nexi / SIA)
Giannino SI (Monserrato)
The Italian Antitrust Authority approves a merger between payment service providers subject to remedies* By its recent decision issued in the Nexi/SIA case the Italian Antitrust Authority (IAA) has vetted a merger between two firms active in the payment service field. This industry is (...)

The Higher Regional Court of Düsseldorf overturns the Competition authority’s decision to clear a joint venture between a telecommunications company and a regional utility provider (Telekom Deutschland / EWE)
Herbert Smith Freehills (Düsseldorf)
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Herbert Smith Freehills (Düsseldorf)
Last week the Higher Regional Court of Düsseldorf overturned a decision adopted by the German Federal Cartel Office (FCO) clearing a JV between Telekom Deutschland and EWE, a regional utility company. The JV partners were looking to cooperate in the development of fibre-optic networks in parts (...)

The Spanish Competition Authority approves after a Phase II investigation the terms and conditions of a merger in the funeral services market (Santa Lucía / Funespaña)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC approves the terms and conditions of Santa Lucía’s acquisition of virtually all the assets of Funespaña, Mapfre Group’s funeral plan provider* The transaction affects the funeral services and prepaid funeral plan sectors. Authorisation is contingent on compliance with four terms and (...)

The Australian Competition Authority clears a payment systems merger after accepting a court-enforceable undertaking offered by the parties (BPAY / eftpos / NPPA)
Australian Competition and Consumer Commission (Canberra)
ACCC authorises payment systems merger after undertaking* The ACCC has authorised the proposed merger of BPAY Group Holding Pty Ltd and its subsidiaries (together, BPAY), eftpos Payments Australia Ltd (eftpos) and NPP Australia Ltd (NPPA), after accepting a court-enforceable undertaking (...)

The Brazilian Competition Authority considers conditionally clearing the merger of the nation’s two leading car rental companies (Unidas / Localiza)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
CADE’s Tribunal will review the acquisition of Unidas by Localiza* The Office of the Superintendent General that recommends applying remedies to mitigate risks derived by the transaction has identified competition concerns in the car rental market On 6 September, CADE’s Office of the (...)

The Polish Competition Authority grants conditional approval of an acquisition of a medical services company by its competitor (Betamed / Air Liquide)
Polish Competition Authority (Warsaw)
UOKiK President grants conditional approval for consolidation* UOKiK President Tomasz Chróstny has issued conditional approval for the acquisition of Betamed by Air Liquide. Both companies operate, among others, in medical service markets financed by the National Health Fund. The conditions (...)

The US DoJ requires divestitures for a proposed merger between two banks (BancorpSouth Bank / Cadence Bank)
US Department of Justice (Washington DC)
Justice Department Requires Divestitures in BancorpSouth Bank’s Merger with Cadence Bank* Divestiture of Seven Mississippi Branches will Protect Consumers in Rural Communities and Small Towns The Department of Justice announced today that BancorpSouth Bank and Cadence Bank have agreed to sell (...)

The UK Competition Authority finds serious competition concerns with a merger between a company in the chip technology industry and one of its customers as it may prevent competitors from accessing the latest processor designs (NVIDIA / Arm)
United Kingdom’s Competition Authority (CMA) (London)
CMA finds competition concerns with NVIDIA’s purchase of Arm* The Competition and Markets Authority (CMA) has found that NVIDIA’s purchase of Arm raises serious competition concerns. A summary of the CMA’s report, which was sent to the Secretary of State (SoS) for the Department for Digital, (...)

The Spanish Competition Authority urges a telecommunication company to modify or clarify the terms of its commercial offer that includes the rental of "smartphones" (Telefónica / DTS)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC urges Telefónica to modify or clarify the terms of the Fusión commercial offer that includes the rental of "smartphones" In 2015, the Commission authorised the concentration between Telefónica / DTS subject to a series of commitments related to pay television. Last April, Telefónica (...)

The Spanish Competition Authority urges a national telecommunications company to modify its agreement with a global sports subscription video streaming service to be compatible with the commitments acquired in its takeover of a multichannel audio technologies firm (Telefónica / DTS)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC urges Telefónica to modify its agreement with Dazn to be compatible with the commitments acquired in its take-over of DTS* In 2015, the Commission authorised the Telefónica/DTS take-over subject to a series of commitments related to pay television. The recent agreement between Telefónica (...)

The Spanish Competition Authority approves with commitments the creation of a 50% joint venture between companies specialised in the mooring and unmooring businesses in the Port of Barcelona (Mooring & Port Services / Cemesa Amarres)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC approves with commitments the creation of a 50% joint venture between Mooring & Port Services and Cemesa Amarres de Barcelona* The CNMC approves with commitments the creation of a 50% joint venture between Mooring & Port Services and Cemesa Amarres de Barcelona The merger (...)

The US DoJ requires substantial divestitures in the merger between two national manufacturing companies to protect consumers and small businesses (Gray / Quincy)
US Department of Justice (Washington DC)
Justice Department Requires Substantial Divestitures in Gray’s Acquisition of Quincy to Protect American Consumers and Small Businesses* Gray and Quincy Must Divest 10 Broadcast Television Stations in Seven Local Markets The Department of Justice announced today that it will require Gray (...)

The EU Commission clears the merger between two insurance companies subject to conditions (Aon / Willis Towers Watson)
European Commission - DG COMP (Brussels)
Mergers: Commission clears acquisition of Willis Towers Watson by Aon, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of Willis Towers Watson (‘WTW’) by Aon. The approval is conditional on full compliance with a substantial set of (...)

The Irish Competition Authority clears a merger between two nursing homes companies subject to conditions (Orpea / Firstcare)
Irish Competition Authority (Dublin)
CCPC requires commitment from Orpea to acquire six Firstcare nursing homes* The Competition and Consumer Protection Commission (CCPC) has cleared, subject to a binding commitment, the proposed acquisition by Orpea S.A.* (Orpea) of six Firstcare nursing homes. Orpea provides residential and (...)

The Latvian Competition Authority approves the merger between two national film screening companies (Apollo Kino / Forum Cinemas Latvia)
Latvian Competition Council (Riga)
CC allows owner of “Apollo Kino” to buy OÜ “Forum Cinemas Latvia”* On June 3, the Competition Council (CC) adopted a decision to allow OÜ “MM Grupp”, a company registered in Estonia, representing several companies in Latvia, incl. Ltd. “Apollo Kino”, to acquire another company registered in Estonia, OÜ (...)

The Finnish Competition Authority conditionally approves a merger between a manufacturer and a wholesale operator in the food service procurements sector (Valio / Heinon Tukku)
Finnish Competition and Consumer Authority (Helsinki)
The FCCA conditionally approves the merger between Valio and Heinon Tukku* The Finnish Competition and Consumer Authority (FCCA) approved the merger in which Valio Oy will purchase Heinon Tukku Oy on 30 June 2021. A precondition for approving the merger is that Valio undertakes to protect the (...)

The Spanish Competition Authority approves the take-over merger between two national banks subject to conditions (Liberbank / Unicaja Banco)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC approves the take-over merger of Liberbank, S.A. by Unicaja Banco, S.A., subject to certain commitments* The CNMC assessed the commitments proposed by Unicaja to resolve the competition issues resulting from the operation. These affect some of the branches in the province of Cáceres, (...)

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 Australian Competition Authority clears a merger between two wholesale food distributors (Woolworths / PFD)
Australian Competition and Consumer Commission (Canberra)
ACCC will not oppose Woolworths acquiring 65% share of PFD* The ACCC will not oppose Woolworths’ (ASX: WOW) acquisition of 65 per cent of the shares in wholesale food distributor PFD Food Services, following a detailed investigation that found the transaction is not likely to substantially (...)

The Spanish Competition Authority approves the acquisition of a manufacturer of gun components by rival subject to a divestment and a guarantee to supply (Sofisport / Grupo Maxam)
Callol, Coca & Asociados (Madrid)
In its merger Decision of 11 May 2021, SOFISPORT/ GRUPO MAXAM, file C/1770/21, the CNMC has authorized the acquisition of control by Sofisport S.A. of the hunting and sport shooting cartridges business and certain related assets of Maxam Holding, S.L. The CNMC considered the disappearance of (...)

The French Competition Authority clears a merger between two waste management companies subject to conditions (Veolia / Suez)
French Competition Authority (Paris)
The Autorité de la concurrence clears, subject to the divestment of assets in Île-de-France, the takeover of Suez RV OSIS by SARP, a subsidiary of Veolia* On 5 February 2021, the European Commission referred to the Autorité de la concurrence the examination of the takeover by SARP, a subsidiary (...)

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 US FTC approves merger between two national pharmaceutical companies subject to conditions (Pfizer / Mylan)
US Federal Trade Commission (FTC) (Washington)
FTC Approves Final Order Imposing Conditions on Combination of Pfizer Inc.’s Upjohn and Mylan N.V.* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that the combination of the Upjohn division of pharmaceutical company Pfizer and Mylan (...)

The Indian Competition Authority conditionally approves a merger between fashion retailers (Aditya Birla Fashion and Retail / Flipkart Investments)
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
Aditya Birla Fashion and Retail Ltd. (“ABFRL / Target”) is a public limited company incorporated under the Companies Act, 1956. ABFRL is engaged in the business of manufacturing and retailing branded apparels, footwear and accessories, through its retail stores, multi-brand outlets, departmental (...)

The Japanese Competition Authority reviews the proposed acquisition of an American producer of consumer fitness electronics by a Big Tech company (Fitbit / Google)
Japan Fair Trade Commission (Tokyo)
The JFTC Reviewed the Proposed Acquisition of Fitbit, Inc. by Google LLC* This case concerns a proposed transaction in which Google LLC (JCN3700150072195) (hereinafter referred to as “Google”) headquartered in the U.S. planned to acquire Fitbit, Inc. headquartered in the U.S. Google Group (a (...)

The EU Commission clears acquisition of American financial markets data and infrastructure provider by a financial infrastructure company subject to conditions (Refinitiv / London Stock Exchange Group)
European Commission - DG COMP (Brussels)
Mergers: Commission clears acquisition of Refinitiv by London Stock Exchange Group, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of Refinitiv by the London Stock Exchange Group (‘LSEG’). The approval is conditional on full (...)

The Spanish Competition Authority authorises global concession catering brand’s acquisition of a multinational catering company subject to conditions (Areas / Autogrill)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC authorises Areas’s acquisition of Autogrill subject to conditions* Areas agrees to release a total of five establishments by the end of 2021, through the early termination of the contracts on some premises or by not submitting an offer for those premises that are about to expire. It (...)

The Spanish Competition Authority clears national chemicals company’ acquisition of paint and coating manufacturer with remedies (Pigments / Ferro)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC clears Pigments’ acquisition of Ferro with remedies* The merger affects the ceramic tile sector, which has a long tradition in Spain and is a significant international economic activity. Before approving the purchase, the CNMC conducted a market test and paid special attention to the (...)

The Australian Competition Authority rejects a Big Tech company’s behavioral remedies for the acquisition of a wellness and healthcare device manufacturer (Fitbit / Google)
Australian Competition and Consumer Commission (Canberra)
ACCC rejects Google behavioural undertakings for Fitbit acquisition* The ACCC has announced that it will not accept a long-term behavioural undertaking offered by Google that sought to address competition concerns about its proposed acquisition of wearables supplier and manufacturer Fitbit. (...)

The Italian Competition Authority applies a COVID-19 related provision to clear a merger in the postal sector (Poste Italiane / Nexive) Free
Van Bael & Bellis (Brussels)
On 22 December 2020, the Italian Competition Authority (“ICA”) cleared the incumbent postal firm Poste Italiane’s (“PI”) acquisition of the sole control over its main rival Nexive Group (“Nexive”). The ICA did not apply the usual merger control rules in this case, but rather cleared the transaction (...)

The Italian Competition Authority clears a merger in the postal sector creating a near-monopoly position in multiple markets (Poste Italiane / Nexive)
Luiss Guido Carli University (Rome)
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Luiss Guido Carli University (Rome)
Poste Italiane S.p.A. (hereinafter also referred to as ’Poste’) is the publicly listed company that heads the Group of the same name, which is active not only in the postal sector but also in many other areas, including financial and insurance services. Poste Italiane is the provider of the (...)

The Australian Competition Authority begins a consultation on the proposed acquisition of health and wellness undertaking by Big Tech company (Fitbit / Google)
Australian Competition and Consumer Commission (Canberra)
Consultation begins on proposed Google Fitbit undertaking* The ACCC is seeking views on a proposed court-enforceable undertaking offered in Australia to the ACCC by Google in relation to its proposed acquisition of Fitbit, Inc (Fitbit). “Our decision to begin consultation should not be (...)

The Lithuanian Competition Authority clears with behavioral commitments a telecom’s acquisition of retail broadband and IPTV business of state-owned radio and TV company (Bite Lietuva / Mezon)
Lithuanian Competition Authority (Vilnius)
In November 2020, Lithuanian competition authority has cleared a merger between Bite Lietuva and state-owned business Mezon with behavioural commitments. The merger was approved on the condition that Bite shall not lease or transfer Mezon’s 2.3GHz and 2.6GHz frequencies to its joint (...)

The UK Competition Authority launches consultation on revised merger assessment guidelines
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Following its review of a series of global deals in the digital markets space, the U.K.’s Competition & Markets Authority (the CMA) has launched a consultation on revised merger assessment guidelines (the draft guidelines) codifying its evolving practice in the digital sector and addressing (...)

The UK Competition Authority opens consultation on revised merger assessment guidelines
Morgan Lewis (London)
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Morgan Lewis (London)
The UK Competition and Markets Authority published for consultation updated guidelines setting out its approach to analysing mergers on 17 November. The guidelines update the current merger assessment guidelines (CC2/OFT1254), which date back to 2010, in order to reflect developments in the (...)

The Hong Kong Competition Authority accepts commitments by four container terminal operators applying to form a joint venture (Hong Kong Seaport Alliance)
Hong Kong Competition Commission (Hong Kong)
Competition Commission accepts commitments from Hong Kong Seaport Alliance* The Competition Commission (“Commission”) today announced the acceptance of commitments (“Commitments”) offered under section 60 of the Competition Ordinance (“Ordinance”) by Modern Terminals Limited (“MTL”) and HPHT Limited (...)

The US FTC imposes conditions on a pharmaceutical merger because of competition concerns in ten generic drug markets (Mylan / Upjohn)
US Federal Trade Commission (FTC) (Washington)
FTC Imposes Conditions on Combination of Pfizer Inc.’s Upjohn and Mylan N.V.* Pharmaceutical companies Pfizer Inc. and Mylan N.V. have agreed to divest assets and abide by other conditions to settle Federal Trade Commission charges that the proposed combination of Upjohn Inc. and Mylan N.V. (...)

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 EU General Court provides useful jurisdictional clarifications for deals involving joint ventures acting as an acquirer (Heidelberg Cement / Schwenk Zement)
European Commission - DG COMP (Brussels)
Jurisdictional issues in deals involving joint ventures – Review of the General Court judgment in Heidelberg Cement and Schwenk Zement (T-380/17)* The judgment provides useful jurisdictional clarifications for deals involving joint ventures (JVs) acting as an acquirer. The General Court (GC) (...)

The Spanish Competition Authority clears, with remedies and monitoring, the acquisition of a white cement business (ÇIMSA / CEMEX)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC clears, with remedies, ÇIMSA’s acquisition of CEMEX’s white cement business* The merger has been cleared after intensive work during the second phase subject to a package of remedies that has been subject to a market test, both with the competitors and with the main customers of the (...)

The Spanish Competition Authority clears, with remedies, a merger in the cement business (ÇIMSA / CEMEX)
Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
According to the recently published press release, after a fourteen-month investigation, the CNMC has cleared in phase II the acquisition of Cemex’ white cement divisions by Çimsa subject to conditions. The CNMC initiated a phase II in-depth review due to potential competition problems in the (...)

The Romanian Competition Authority approves a transaction through which two banks become shareholders in a provider of integrated cash management services already owned by third competing bank, subject to conditions (BRD / Raiffeisen / CIT One / Banca Comercială Română)
Romanian Competition Council (Bucharest)
The Competition Council Approved the Transaction Through Which BRD and Raiffeisen Enter CIT One Shareholders* The Competition Council approved the transaction through which BRD - Groupe Société Générale SA (BRD) and Raiffeisen Bank SA enter the shareholding of CIT One SRL, together with Banca (...)

The Hellenic Competition Authority examines the extension of commitments to address competition concerns in the market of fresh cow milk (Delta / Mevgal)
Hellenic Competition Commission (Athens)
Press Release - Examination of specific commitment terms proposed by "DELTA SA" and "MEVGAL SA"* Subject: Examination of specific commitment terms proposed by "DELTA SA" and "MEVGAL SA" so as to address competition concerns according to 650/2017 Decision of HCC in the market of fresh cow milk. (...)

The French Competition Authority clears, subject to conditions, the acquisition of a public development bank (Caisse des Dépôts et Consignations / Société de Financement Local)
French Competition Authority (Paris)
The Autorité clears, subject to conditions, the acquisition of Société de Financement Local by Caisse des Dépôts et Consignations* On 24 July 2020, the Caisse des Dépôts et Consignations (CDC) notified the Autorité de la Concurrence of its plans to acquire Société de Financement Local (SFIL). The (...)

The US DoJ releases merger remedies manual
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (New York)
On Sept. 3, the Antitrust Division of the Department of Justice (DOJ) released the Merger Remedies Manual (the manual), which provides guidance on how the agency currently intends to approach the structure and implementation of remedies in merger cases. See Antitrust Div., U. S. Department of (...)

The US DoJ issues its merger remedies manual which provides that the framework the DoJ will utilise in implementing relief in mergers reviewed by its attorneys and economists
Skadden, Arps, Slate, Meagher & Flom (Washington)
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Skadden, Arps, Slate, Meagher & Flom (New York)
On September 3, 2020, the Department of Justice’s Antitrust Division (the DOJ) issued its new Merger Remedies Manual (the Manual), which provides the framework the DOJ will utilize going forward to implement relief in mergers reviewed by its attorneys and economists. The DOJ has updated its (...)

The US DoJ issues modernized merger remedies manual
US Department of Justice (Washington DC)
Justice Department Issues Modernized Merger Remedies Manual* Merger Remedies Manual Reaffirms Antitrust Division’s Commitment to Effective Structural Relief and Reflects Renewed Focus on Enforcing Consent Decree Obligations The Department of Justice issued today the Merger Remedies Manual, (...)

The US DoJ releases merger remedies manual
Sheppard Mullin (Los Angeles)
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Sheppard Mullin (Washington)
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Sheppard Mullin (Washington)
DOJ Antitrust Division Releases New Merger Remedies Manual* On September 3, 2020, the DOJ’s Antitrust Division released its Merger Remedies Manual. The manual provides important guidance on what DOJ considers to be adequate solutions to addressing competitive issues in M&A deals challenged (...)

The US DoJ issues a revised policy guide to merger remedies
Cleary Gottlieb Steen & Hamilton (Washington)
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Cleary Gottlieb Steen & Hamilton (Washington)
On September 3, 2020, the Antitrust Division of the DOJ issued a revised Policy Guide to Merger Remedies, following shortly after it announced a reorganization of its civil enforcement to create an Office of Decree Enforcement and Compliance. The Policy Guide to Merger Remedies largely (...)

The Russian Competition Authority approves the conclusion of a joint venture agreement between a producer of heated tobacco and a producer of devices for their consumption (Philip Morris / KT&G)
Russian Federal Antimonopoly Service (Moscow)
The FAS Approved Trasaction In The Market Of Innovative Nicotine-containing Products* FAS approved conclusion of a joint venture agreement between Philip Morris products S.A. and Korean company KT&G Corporation The agreement concerns the joint sale of innovative nicotine-containing (...)

The Austrian Competition Authority approves a brewery merger subject to conditions (Fohrenburg / Brau Union)
Van Bael & Bellis (Brussels)
On 27 August 2020, the Austrian Federal Competition Authority (“FCA”) announced its conditional approval of the acquisition of 63% of the shares and sole control of the brewery company Fohrenburg Beteiligungs-Aktienge- sellschaft (“Fohrenburg”) by Austria’s largest brewery, Brau Union (...)

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 DoJ reaches settlement with new stricter conditions and fines a telecom company’s merger after finding violations of the original conditions (CenturyLink / Level 3 Communications)
US Department of Justice (Washington DC)
Justice Department Brings Enforcement Action Against Centurylink* In Significant Action, CenturyLink Agrees to Extend Term, Appoint Independent Monitor, and Reimburse Taxpayers for the Costs and Fees of the Violations The Department of Justice announced today that CenturyLink, Inc. has agreed (...)

The Romanian Competition Authority launches for public debate the commitments proposed by banks intending to become joint shareholders of a provider of integrated cash management services (Société Générale / Raiffeisen Bank / Banca Comercială Română)
Romanian Competition Council (Bucharest)
The Competition Council Launches for Public Debate the Commitments Proposed by BRD, Raiffeisen and BCR* The Competition Council launches for public debate the commitment proposals formulated by BRD - Groupe Société Générale SA (BRD), Raiffeisen Bank SA and Banca Comercială Română (BCR) in order to (...)

The Hong Kong Competition Authority opens public consultations on commitments offered by four container terminal operators applying to form a joint venture (Hong Kong Seaport Alliance)
Hong Kong Competition Commission (Hong Kong)
Competition Commission consults on proposed commitments from Hong Kong Seaport Alliance* The Competition Commission (“Commission”) today commenced a consultation on proposed commitments offered under section 60 of the Competition Ordinance (“Ordinance”) by the Hong Kong Seaport Alliance (...)

The Israeli Competition Authority files an indictment against a major film distributor and a cinema company for breach of merger conditions due to refusal to supply the competing cinemas with major movies for which it is the sole distributor (Mooki Greidinger / Forum Film)
Israel Competition Authority (Jerusalem)
The Competition Authority has filed an indictment against Mooki Greidinger and Forum Film Ltd. for breach of merger conditions committed under aggravating circumstances* According to the Indictment, the defendants have systematically refused to supply movies to Lev Tel Aviv Cinema, a (...)

The EU Commission conditionally clears a merger between global companies active in the rail transportation market (Alstom / Bombardier)
Van Bael & Bellis (Brussels)
On 31 July 2020, the European Commission (the “Commission”) announced its conditional clearance of Alstom’s acquisition of Bombardier Transportation. Both the target, a German subsidiary of Canadian Bombardier Inc., and the French acquirer, Alstom, are global companies active in rail (...)

The Spanish Competition Authority agrees to extend for 3 years the remedies agreed as part of the pay-TV merger authorisation in 2015 (Telefónica / DTS)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC agrees to extend for three years the remedies agreed as part of the merger authorisation between Telefónica and DTS in 2015* All the remedies are maintained for the maximum period of three years, save for the one involving the purchase of exclusive broadcast rights in Spain for (...)

The Irish Competition Authority lets a merger between laundry businesses serving healthcare providers go into effect after having found they fulfilled all required commitments (Berendsen / Kings Laundry)
Irish Competition Authority (Dublin)
Berendsen/Kings Laundry merger update* On 8 July 2019, the Competition and Consumer Protection Commission (CCPC) cleared, subject to a number of legally binding commitments, the proposed acquisition of sole control of Kings Laundry Limited (Kings Laundry) by Berendsen Ireland Limited (...)

The US FTC approves final order settling all charges that manufacturer of law enforcement equipment entered into anti-competitive agreements with the seller of body-worn camera systems when they entered a merger of their businesses (Safariland / Axon / VieVu)
US Federal Trade Commission (FTC) (Washington)
FTC Approves Final Order Settling Charges that VieVu’s Former Parent Company Safariland Entered into Anticompetitive Agreements with Body-Worn Camera Systems Seller Axon* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Safariland, (...)

The French Competition Authority clears merger in food retail sector in La Réunion after in-depth investigation, subject to conditions (Vindémia / Groupe Bernard Hayot)
French Competition Authority (Paris)
Food retail sector in La Réunion: the Autorité de la concurrence clears the acquisition of Vindémia by Groupe Bernard Hayot, subject to conditions* On 24 January 2020, Groupe Bernard Hayot (GBH) notified the Autorité de la concurrence of its acquisition of sole control of Vindémia Group, which (...)

The Dutch Competition Authority conditionally allows a joint venture of the nation’s largest public-transport company and of the transport network company to create a travel app together (Dutch Railways NS / Pon)
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
Mobility service provider Pon en Dutch Railways NS are conditionally allowed to create travel app together* Dutch Railways NS and Pon are allowed to create a new company, which will operate an app that allows consumers to plan, book and pay for their trips, combining different modes of (...)

The Chinese State Administration for Market Regulation clears an acquisition in the auto parts sector subject to conditions (ZF / WABCO)
King & Wood Mallesons (Beijing)
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King & Wood Mallesons (Beijing)
On 15 May 2020, the State Administration for Market Regulation (“SAMR”) in China conditionally approved ZF Friedrichshafen AG (“ZF”)’s acquisition of WABCO Holdings, Inc. (“WABCO”, ZF and WABCO collectively as the “Parties”) following a 180-day extended Phase 2 review. It is noteworthy that the SAMR is (...)

The Kenyan Competition Authority approves a merger, subject to conditions, between two telecommunications companies (Airtel / Telkom)
Mosoti & Company advocates (Kenya)
Kenya’s Competition Tribunal: Airtel/Telkom merger generates first decision* On 4th May 2020, the Kenyan Competition Tribunal made its first decision after considering the application for review of the Airtel-Telkom merger where they contested 7 out of 8 the conditions imposed. The competition (...)

The US FTC proposes new order settling all charges that manufacturer of law enforcement equipment entered into anticompetitive agreements with the seller of body-worn camera systems when they entered a merger of their businesses (Safariland / Axon / VieVu)
US Federal Trade Commission (FTC) (Washington)
VieVu’s Former Parent Company Safariland Agrees to Settle Charges That It Entered into Anticompetitive Agreements with Body-Worn Camera Systems Seller Axon* Settlement is part of a larger case challenging Axon’s consummated acquisition of former competitor VieVu Safariland, LLC, which (...)

The Peruvian Competition Authority clears merger of electric generation undertakings, subject to supplying energy through competitive and transparent tenders or competitive bids (China Three Gorges Corporation / Luz del Sur and Inland Energy)
Peruvian Competition Authority - INDECOPI (Lima)
Indecopi authorizes the acquisition of Luz del Sur, as long as the Company supplies energy through competitive and transparent tenders or competitive bids that protect competition and consumer´s interest* The Commission for the Defense of Free Competition of Indecopi (CLC) decided to approve (...)

The US DoJ challenges a merger that highlights key considerations for antitrust reviews of aerospace and defence industry transactions (United Technologies / Raytheon)
McDermott Will & Emery (Washington)
The DOJ Antitrust Division’s recent challenge to the United Technologies/Raytheon merger highlights a few key considerations for antitrust reviews of aerospace and defense industry transactions. The case is a useful illustration of important principles applicable to this unique industry. IN (...)

The US FTC clears a global biopharmaceutical merger subject to several divestments in highly concentrated product markets for ten products that companies use to manufacture biopharmaceutical drugs (Danaher / GE Biopharma)
US Federal Trade Commission (FTC) (Washington)
FTC Imposes Conditions on Danaher Corporation’s Acquisition of GE Biopharma* Merger likely to reduce competition in highly concentrated markets that supply biopharmaceutical companies with key inputs Danaher Corporation has agreed to divest assets to settle Federal Trade Commission charges (...)

The UK Competition Authority approves media company’s acquisition of almost 50 radio stations, subject to a requirement that local radio stations have access to advertising representation (Bauer Media Group)
United Kingdom’s Competition Authority (CMA) (London)
Final decision published in radio merger inquiry* The CMA will ensure local radio stations have access to advertising representation following an in-depth investigation into Bauer’s purchase of almost 50 stations. The Competition and Markets Authority (CMA) has investigated Bauer Media’s (...)

The EU Commission clears a merger, subject to remedies, in the market of manufacturing and supplying doors (Assa Abloy / Agta Record)
European Commission - DG COMP (Brussels)
Mergers: Commission approves Assa Abloy’s acquisition of Agta Record, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Agta Record by Assa Abloy. The approval is conditional on the implementation of a remedy package by Assa (...)

The Indian Competition Authority conditionally approves a merger between two auto parts manufacturers (Wabco / ZF)
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
ZF is a global technology company, headquartered in Germany which develops, manufactures and distributes products and systems for passenger vehicles (“PVs”), commercial vehicles (“CVs”), o- highway vehicles (“OHVs”) and industrial technology. ZF is present in India by way of its various subsidiaries (...)

The Belgian Competition Authority approves a request from a major cinema complex operator to lift one of the merger commitments previously imposed (Kinepolis)
Allen & Overy (Brussels)
On 11 February 2020, the Belgian Competition Authority (BCA) approved a request from the Kinepolis group, a major cinema complex operator, to lift one of the merger commitments which had been imposed on the group in the 90s. Since the creation of the Kinepolis group in 1997 following the (...)

The Pakistan Competition Authority approves an acquisition between two application-based ride-sharing service companies despite extremely high market concentration levels and efficiencies failing to outweigh the adverse effects of lessening competition (Careem / Uber)
McGill University - Department of Law (Montreal)
The Competition Commission of Pakistan (hereinafter “CCP” or “the Commission”) through its order dated 31 January 2020 (“the Order”) approved the acquisition of Careem by Uber Technologies, Inc., transforming the duopolistic market of application-based ridesharing services into a monopolistic market. (...)

The Polish Competition Authority conditionally approves a merger in the cable television and internet access market (Multimedia / Vectra)
Bird & Bird (Warsaw)
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Bird & Bird (Warsaw)
In August 2018, Vectra notified UOKiK about its planned acquisition of Multimedia Polska (Multimedia), a competing provider of cable television and Internet access. Following its initial assessment of the planned transaction, UOKiK initiated the second stage of its proceedings in September (...)

The Spanish Competition Authority clears the acquisition of a food delivering company subject to remedies (MIH Food Delivery / Just Eat)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC has authorised MIH Food Delivery Holdings (MIH), of the Naspers Group, to purchase Just Eat, with commitments. The operation will be carried out through the takeover bid announced on 22 October 2019. This takeover bid competes with the operation that was already authorised on 19 (...)

The Italian Competition Authority conditionally clears a merger in the market for distribution of natural gas (Rami Distribuzioni)
Giannino SI (Monserrato)
With a II-Phase conditional clearance decision, the Italian Competition Authority (ICA) has closed the review of the merger notified in the Rami Distribuzioni case. The ICA had concerns that the merger might negatively affect competition in the market for the distribution of natural gas. (...)

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 Italian Competition Authority authorizes the acquisition of a media company by a private equity firm (F2I / Persidera)
Italian Competition Authority (Rome)
Antitrust: acquisition of Persidera by Terzo Fondo authorized with remedies* On 12 November 2019, the Authority concluded its investigation, launched on 4 September 2019, to assess the effects on competition of the acquisition of the sole control of Persidera S.p.A. by Terzo Fondo per le (...)

The EU Commission clears subject to behavioural commitments a merger in the telecommunications sector (Telia / Bonnier Broadcasting)
Van Bael & Bellis (Brussels)
On 12 November 2019, the European Commission (“Commission”) conditionally cleared Telia Company’s acquisition of Bonnier Broadcasting Company after a Phase II investigation. Telia is a Swedish telecommunications company that provides fixed and mobile telecommunications, broadband and television (...)

The EU Commission clears a merger subject to remedies in the market of telecommunications and TV broadcasting (Telia / Bonnier Broadcasting)
European Commission - DG COMP (Brussels)
Mergers: Commission clears Telia’s acquisition of Bonnier Broadcasting, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Bonnier Broadcasting by Telia. The approval is conditional on full compliance with a commitments (...)

The US FTC finds a consummated merger between two sellers of prosthetic knees anticompetitive and orders assets to be divested (Otto Bock / Freedom)
Davis Polk (New York)
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Davis Polk (New York)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On November 6, 2019, the Federal Trade Commission unanimously found that the consummated merger of two sellers of prosthetic knees violated United States (...)

The French Competition Authority decides to not renew remedies previously imposed to clear a merger in the telecommunications sector (SFR / Altice)
French Competition Authority (Paris)
Acquisition of SFR by Altice: the Autorité de la concurrence will not renew the commitments and maintains certain injunctions* Given changes to the markets, the Autorité de la concurrence will not renew the commitments made by Altice upon acquiring SFR. However, the injunctions with penalty (...)

The Spanish Competition and Markets Authority fines company for for a merger commitment breach (Telefonica)
European Commission (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Basic-Fit (Hoofddorp)
The CNMC has fined Telefonica 1.5 million for breaching one of the commitments attached to its acquisition of DTS. The merger was cleared in 2015 by the CNMC on the condition that Telefonica fulfilled a number of commitments in the pay TV market. This included, among others, making (...)

The French Competition Authority closes ex officio proceedings to verify compliance of remedies concerning a merger in the telecom sector (Altice / SFR)
French Competition Authority (Paris)
Telecoms* The Autorité closes the ex officio proceedings it had started to ensure compliance with the commitments concerning the sale of Completel’s DSL network made by Altice France when it acquired SFR. The Autorité considers that there is no evidence to characterise Altice France’s actions (...)

The Dutch Competition Authority clears an acquisition of a distributor of educational materials by a publisher subject to conditions (Iddink / Sanoma Learning)
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
ACM conditionally clears acquisition of Iddink Group by Sanoma Learning* Publisher Sanoma Learning is allowed to acquire Iddink Group, a distributor of educational materials. Iddink Group also owns Magister, a learning management system (LMS) that many secondary schools in the Netherlands use. (...)

The French Competition Authority clears, subject to remedies, the creation of a TV platform by three television channels (Salto)
French Competition Authority (Paris)
Pay Television Sector* The Autorité de la concurrence clears, subject to conditions, the creation of the Salto platform by TF1, France Télévisions and Métropole Télévision (M6) Background Following a referral decision by the European Commission, TF1, France Télévisions and Métropole Télévision (...)

The EU Commission conditionally clears a merger in the cable network market in four countries (Vodafone / Liberty Global)
Van Bael & Bellis (Brussels)
On 18 July 2019, the European Commission (“Commission”) conditionally approved Vodafone’s acquisition of Liberty Global’s cable network business in four countries (Czechia, Germany, Hungary and Romania). In order to address competition concerns identified mainly in Germany regarding the ability of (...)

The EU Commission clears the acquisition, subject to remedies, of a cable business company (Vodafone / Liberty Global)
Bird & Bird (Dusseldorf)
On 18 July 2019, the European Commission (“EC”) cleared the acquisition of Liberty Global’s cable business by Vodafone in Germany, Czechia, Hungary and Romania subject to remedies. The concerns of the EC mainly related to the German market. In particular, the EC was worried that the transaction (...)

The EU Commission clears a merger subject to remedies in the telecommunication market (Vodafone / Liberty Global)
European Commission - DG COMP (Brussels)
Mergers: Commission clears Vodafone’s acquisition of Liberty Global’s cable business in Czechia, Germany, Hungary and Romania, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition by Vodafone of Liberty Global’s cable business in (...)

The EU Commission clears a merger subject to remedies in the air transport of passengers market (Flybe / Connect Airways)
European Commission - DG COMP (Brussels)
Mergers: Commission approves the acquisition of Flybe by Connect Airways, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of UK regional air carrier Flybe by Connect Airways, a consortium by Virgin Atlantic, Stobart Aviation and (...)

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 US FTC and the Colorado Attorney General file a complaint against a merger between an insurance company and a health services business for resulting in both horizontal and vertical competitive effects (UnitedHealth / DaVita)
US Federal Trade Commission (FTC) (Washington)
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Axinn Veltrop & Harkrider
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On June 19, UnitedHealth Group Incorporated (UnitedHealth Group) and DaVita, Inc. (DaVita) agreed to two separate consent agreements to resolve antitrust (...)

The Spanish Competition Authority investigates a possible infringement of merger commitments in the telecom sector (Telefónica)
European Commission (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Basic-Fit (Hoofddorp)
In 2015, the CNMC approved the acquisition of DTS by Telefónica, subject to a series of commitments relating to the pay television market. Telefónica undertook, inter alia, to make available 100% of its premium channels to third-party operators under conditions which would allow them to (...)

The Italian Competition Authority conditionally clears a merger in the market for retail Pay-TV services (Sky / R2)
Luiss Guido Carli University (Rome)
On 20th May 2019, the Italian Competition Authority (the "AGCM") cleared the merger between Sky Italia S.r.l.’s ("SKY") and R2 S.r.l. ("R2"), a company formerly owned by Mediaset Premium S.p.A. ("MP") and providing technical and administrative platform services for broadcasting by means of (...)

The Italian Competition Authority clears a merger subject to remedies in the retail pay-TV market (Sky / R2)
Italian Competition Authority (Rome)
ICA: authorisation with measures of the Sky/R2 merger (branch of Mediaset Premium)* On 20 May 2019, the Italian Competition Authority (AGCM) has concluded its investigation regarding the acquisition of certain assets of the digital terrestrial pay-TV owned by Mediaset Premium S.p.A. by Sky (...)

The Polish Competition Authority conditionally clears a merger between multiplex cinema operators (Multikino / Cinema 3D)
White & Case (Warsaw)
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European Commission - DG COMP (Brussels)
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White & Case (Warsaw)
THE POLISH PRESIDENT OF THE OFFICE OF COMPETITION AND CONSUMER PROTECTION CONDITIONALLY CLEARED A MERGER BETWEEN MULTIPLEX CINEMA OPERATORS* Background On 11 July 2018, the President of the Office of Competition and Consumer Protection (the “OCCP”) initiated merger clearance proceedings (...)

The Belgian Competition Authority clears a merger subject to remedies in the TV channels platforms market (De Vijver Media / Telenet)
Belgian Competition Authority (Brussels)
The Competition College of the BCA has approved conditionally the acquisition of sole control of De Vijver Media by Telenet* the Competition College of the Belgian Competition Authority (BCA) has approved conditionally on 13 May 2019 the acquisition of sole control by Telenet Group BVBA (...)

The Belgian Competition Authority conditionally approves a sole control acquisition in the media market (De Vijver Media / Telenet)
Bird & Bird (Brussels)
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Allen & Overy (Brussels)
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Bird & Bird (Brussels)
On 13 May 2019 the Belgian Competition Authority ("BCA") conditionally approved Telenet’s acquisition of sole control over De Vijver Media, after a referral by the European Commission ("EC"). The deal was originally notified to the EC on 4 October 2018. The EC already investigated Telenet’s (...)

The Spanish Competition Authority authorizes the acquisition of a private hospital subject to behavioral commitments on the quality of the healthcare services (Quirón / Clínica Santa Cristina)
Ramón y Cajal (Madrid)
Introduction On 12 April 2019 the Spanish Competition Authority (“CNMC”) authorized after a second phase review the acquisition of a private hospital located in the Spanish province of Albacete (Clínica Santa Cristina) by Quirón Group (the “Merger”), which is ultimately controlled by the global (...)

The Indian Competition Commission clears a merger, subject to remedies, in the electricity market (Larsen & Toubro/Schneider Electric)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
The CCI cleared the proposed acquisition of the electrical and automation business of Larsen & Toubro (L&T) by Schneider Electric and MacRitchie Investments (the Acquirers) on foot of a package of behavioural remedies proposed by the Acquirers. After a lengthy investigation, the CCI (...)

The Ankara 9th Administrative Court orders a stay of execution on a port acquisition after the Competition Authority’s conditional clearance with behavioural remedies (Kumport)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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Kia (Frankfurt)
Background Limar Liman ve Gemi İşletmeleri A.Ş. (“Limar”), which is controlled by Arkas Holding A.Ş. (“Arkas”) notified to the Turkish Competition Authority (the “Authority”) its acquisition of the sole control over Mardaş Marmara Deniz İşletmeciliği A.Ş. (“Mardaş” or the “Target”) operating the Ambarlı (...)

The Belgian Competition Authority accepts partially a request to lift the remedies imposed to clear a merger in the cinema theatres market (Kinepolis)
Belgian Competition Authority (Brussels)
The Belgian Competition Authority has partially accepted the request of Kinepolis to lift the conditions imposed in 1997 and modified in 2010, as from 25 March 2019* On 31 March 2017 Kinepolis has filed a request to lift the conditions imposed by the Competition Council in 1997 in respect of (...)

The EU Commission clears a merger subject to remedies in the aerospace equipment industry (Spirit / Asco)
European Commission - DG COMP (Brussels)
Mergers: Commission approves acquisition of Asco by Spirit, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of Asco by Spirit. Both companies are active in the aerospace equipment industry worldwide. The approval is conditional on (...)

The UK Competition Authority fines a company for failure to comply with initial enforcement order (JLA / Washstation)
Van Bael & Bellis (Brussels)
On 8 March 2019, the UK’s Competition and Markets Authority (“CMA”) fined JLA £120,000 for failure to comply with an initial enforcement order (“IEO”). Under UK competition law, the CMA may impose an IEO on merging parties to prevent them from taking pre-emptive action which might prejudice the (...)

The US Court of Appeals for the DC Circuit holds that the US DoJ failed to show that the District Court erred in denying the government’s request for a permanent injunction is blocking a merger (AT&T / Time Warner)
Paul Weiss (New York)
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Paul Weiss (Washington)
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US Department of Justice (Washington DC)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On February 26, 2019, the United States Court of Appeals for the District of Columbia Circuit held that the U.S. Department of Justice (DOJ) failed to show that (...)

The Polish Competition Authority conditionally approves a merger between liquid carbon dioxide producers to structural and behavioural remedies (Air Products and Chemicals / ACP Europe / Eurocylinder)
Bird & Bird (Warsaw)
On 25 February 2019, the acquisition of ACP Europe S.A. and Eurocylinder NV (subsidiaries of L’Acide Carbonique Pur) by Air Products and Chemicals, Inc. (“APC”) was conditionally approved by the Polish Competition Authority (“PCA”) (decision DKK-51/2019). The proposed foreign-to-foreign transaction (...)

The Polish Competition Authority clears a merger in the chemical sector imposing a combination of structural and behavioural remedies (Air Products and Chemicals / ACP Europe / Eurocylinder)
Greenberg Traurig (Warsaw)
On February 25, 2019 the President of the Polish Office of Competition and Consumer Protection (“OCCP”) issued a conditional decision (“Decision”) clearing the concentration consisting in the acquisition by Air Products and Chemicals Inc. (“Air Products”) of ACP Europe S.A. and Eurocylinder NV (...)

The EU Commission sends a statement of objections to a company for alleged infringement of merger commitments (Telefónica Deutschland)
European Commission (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Basic-Fit (Hoofddorp)
On 22 February 2019, the Commission addressed an SoO to Telefónica Deutschland (“Telefónica”) detailing its concerns that the company may have breached one of the commitments linked to the Commission’s clearance of its acquisition of E-Plus in 2014. In particular, back then, Telefónica committed to (...)

The EU Commission issues first-ever statement of objections for breaching a merger commitment in the telecommunication sector (Telefónica Deutschland)
Van Bael & Bellis (Brussels)
On 22 February 2019, the European Commission (“Commission”) sent a Statement of Objections to Telefónica Deutschland alleging that it breached a commitment offered in order to secure the Commission’s approval of its acquisition of E-Plus (see VBB on Competition Law, Volume 2014, No. 7). In (...)

The UK Competition Authority issues provisional findings in the potential merger between online retailers of delivered goods (Sainsbury / Asda)
Bird & Bird (London)
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Bird & Bird (London)
Sainsbury’s and Asda are the second and third largest grocery retailers in the UK respectively, and represent two of the four largest online retailers of delivered goods in the UK. Their networks include supermarkets, convenience stores and petrol filling stations. Both parties also retail (...)

The EU Commission lifts commitments adopted in a merger case based on exceptional circumstances review (Air France / KLM)
Van Bael & Bellis (Brussels)
In a recently published decision of 6 February 2019, the European Commission waived a commitment imposed during its merger review of Air France’s acquisition of KLM in 2004. By way of background, during the 2004 review of its acquisition of KLM, Air France offered commitments to address (...)

The French Competition Authority re-examines and eases merger remedies made by a leading pay TV provider (Canal+ International)
French Competition Authority (Paris)
Pay TV in French overseas departments and regions* The Autorité de la concurrence has re-examined the commitments made by Canal+ International as part of the take-over of Mediaserv (now Canal+ Telecom) in 2014. Certain obligations have been maintained to preserve the competitive dynamic. (...)

The Irish Competition Authority clears a merger subject to remedies in the waste sector (Panda / Knockharley Landfill)
Irish Competition Authority (Dublin)
CCPC requires commitments from Panda to secure approval for acquisition of Knockharley Landfill* The Competition and Consumer Protection Commission (CCPC) has cleared, subject to binding commitments, the proposed acquisition of Knockharley Landfill Limited (Knockharley), by Pandagreen Limited (...)

The French Competition Authority clears a merger by approving in advance remedies in the market of fabrication and marketing of baking aids (Alsa / Dr. Oetker)
French Competition Authority (Paris)
Confection and marketing of baking aids* The Autorité de la concurrence clears the acquisition of Alsa by Dr. Oetker (Ancel) by approving a commitment which addresses in advance competition issues (“fix-it-first” commitment), by granting a credible market player a license for the Ancel brand On (...)

The US FTC conditionally approves a merger in the office supply market subject to behavioral remedies (Staples / Essendant)
McDermott Will & Emery (Washington)
THE LATEST: FTC Allows Problematic Vertical Merger to Proceed with a Behavioural Remedy* On January 28, the US Federal Trade Commission (FTC) announced that it had accepted a proposed settlement with office supply distributors Staples and Essendant in connection with Staples’ proposed $482.7 (...)

The US FTC approves a merger in the office products market subject to behavioral remedies (Staples / Essendant)
Constantine Cannon (New York)
FTC Approval of Staples-Essendant Merger Exposes Fault Lines on Merger Enforcement* The U.S. Federal Trade Commission’s (“FTC”) recent approval of Staples, Inc.’s acquisition of office supply wholesaler Essendant, Inc.—on a party-line three-to-two vote—reveals the agency’s divergent political views (...)

The Finnish Competition Authority clears a merger subject to conditions in the market for outsourced internal logistics services (Suomen Transval / Posti)
Finnish Competition and Consumer Authority (Helsinki)
The FCCA approves Posti’s acquisition of Transval, subject to conditions* Finnish Competition and Consumer Authority (FCCA) has approved, subject to conditions, the acquisition of Suomen Transval Group Oy by Posti Group Oyj. A condition for the approval of the acquisition was that Posti (...)

The French Competition Authority clears the creation of a joint undertaking subject to remedies in VAT refund services markets (Global Blue / Planet Payment)
French Competition Authority (Paris)
The Autorité de la concurrence clears, subject to conditions, the creation of the Cash Paris Tax Refund company by Global Blue and Planet Payment* A transaction referred by the European Commission On 21 August 2018, the European Commission referred to the Autorité de la concurrence the review (...)

The Irish Competition Authority requires structural remedies to clear a merger in the waste management markets (Enva / Rilta)
Irish Competition Authority (Dublin)
CCPC requires sale of facility to secure approval for Enva/Rilta merger* Enva also subject to behavioural remedy in relation to the supply of services The Competition and Consumer Protection Commission (CCPC) has cleared, subject to binding commitments, the proposed acquisition by Enva (...)

The UK Competition Authority issues its Merger remedies guidance
United Kingdom’s Competition Authority (CMA) (London)
Guidance on merger remedies in Phase 1 and Phase 2 investigations.* This guidance is intended for merger parties and their advisers. It seeks to provide a single source of guidance on remedies for Phase 1 and Phase 2 merger investigations. This guidance applies to any Phase 1 merger (...)

The Italian Competition Authority conditionally clears a merger in the optical sector (Luxottica / Barberini)
Giannino SI (Monserrato)
Closing a Second Phase investigation in the Luxottica/Barberini case, the Italian Competition Authority (ICA) has conditionally cleared a merger between two major players in the optical industry. After an in-depth review of the transaction, the ICA took the view that the notified merger may (...)

The EU Commission clears the creation of six joint ventures in the automobile sector, subject to remedies (Daimler / BMW)
European Commission - DG COMP (Brussels)
Mergers: Commission clears the creation of six joint ventures by Daimler and BMW, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the creation of six joint ventures by Daimler and BMW, subject to conditions. Daimler and BMW, both active in car (...)

The EU Commission conditionally clears the creation of six joint ventures for mobility services (Daimler / BMW)
Van Bael & Bellis (Brussels)
On 7 November 2018, the European Commission conditionally approved the creation of six mobility services joint ventures by Daimler and BMW. While the joint ventures will combine Daimler and BMW’s mobility services in ride hailing services, parking services, charging services and other on-demand (...)

The Mexican Competition Authority accepts commitments by pharmaceutical companies to restore competition in the pharma market (Moench Coöperatif / Luis Doporto Alejandre)
Ritch Mueller (Mexico City)
Through a decision issued by the plenary session of Cofece on August 13, 2015 on case file CNT-074-2015 (the ’Decision’), the Mexican antitrust authority decided to unconditionally clear the acquisition, by Dutch fund Moench Coöperatif of a major pharmaceutical distributor in Mexico, Marzam. The (...)

The Turkish Competition Authority conditionally clears a merger, subject to certain structural commitments, in the design, manufacturing, and distribution of sunglasses and prescription optical glasses (Luxottica / Essilor)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case summary concerns an analysis of the Turkish Competition Board’s (“Board”) Luxottica/Essilor decision, in which the Board evaluated the transaction concerning the merger of Luxottica Group S.p.A. (“Luxottica”) and Essilor International Compagnie Générale d’Optique S.A. (“Essilor”). (...)

The Irish Competition Authority clears a merger in the media sector, subject to a behavioural remedy of ring-fencing (Trinity Mirror / Northern & ShellOpens)
Matheson (Dublin)
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Matheson (Dublin)
The Irish competition regulator has this week cleared a media merger, subject to a behavioural remedy of ‘ring-fencing’. However, the parties cannot complete the deal for some time yet, as a separate Irish media plurality process may only commence now such that the total length of the Irish (...)

The French Competition Authority clears a merger subject to remedies in the retailing of gardening products market (Jardiland / InVivo)
French Competition Authority (Paris)
Retailing of gardening products* The Autorité de la concurrence clears the acquisition of Jardiland group by InVivo group (Gamm Vert, Delbard) subject to divestiture of 11 stores Parties to the transaction On 29 June 2018, InVivo Retail group, a subsidiary of InVivo cooperative union, which (...)

The French Competition Authority clears a merger subject to remedies in the food retail distribution sector (Bernard Hayot / Géant Casino)
French Competition Authority (Paris)
Distribution in Martinique* The Autorité de la concurrence clears, subject to conditions, the acquisition by Bernard Hayot Group of a Géant Casino hypermarket in Martinique On 20 June 2018, Bernard Hayot Group (‘BHG’) notified the Autorité de la concurrence of its planned acquisition of a Géant (...)

The Irish Competition Authority clears a merger subject to remedies in the healthcare sector (SISK Healthcare / Uniphar Public)
Irish Competition Authority (Dublin)
CCPC obtains commitments from Uniphar to secure approval for proposed acquisition of SISK Healthcare* Following an extensive investigation, the Competition and Consumer Protection Commission (CCPC) has today cleared the proposed acquisition of sole control of SISK Healthcare by Uniphar Public (...)

The French Economic and Finance minister authorises a merger in the food sector, after using his power of re-examination for the first time (Cofigéo / Agripole)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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Norton Rose Fulbright (Brussels)
Article L. 430-7-1, II of the French Commercial Code provides that the French Minister of Economy and Finance has the power to re-examine a merger within 25 working days after receiving the French Competition Authority (FCA) decision, for reasons of public interest other than safeguarding (...)

The EU Commission clears a merger, subject to remedies, in the titanium dioxide pigment market (Tronox / Cristal)
European Commission - DG COMP (Brussels)
Mergers: Commission approves Tronox’s acquisition of Cristal, subject to conditions* The European Commission has approved under the EU Merger Regulation the acquisition of Cristal by Tronox, both major suppliers of titanium dioxide pigment. The approval is conditional on full compliance with (...)

The South African Competition Tribunal penalises a conditionally approved merger for failing to comply with its monitoring obligations (RTT Group)
Primerio (Johannesburg)
SOUTH AFRICA COMPETITION TRIBUNAL: MERGING PARTIES PENALISED FOR FAILURE TO COMPLY WITH PUBLIC INTEREST CONDITIONS* On 29 June 2018, the South African Competition Tribunal (Tribunal) penalised the RTO Group R75 000 for failing to comply with the Tribunal’s conditional merger approval in respect (...)

The Indian Competition Authority approves acquisition of global agricultural company by global pharmaceutical company subject to permanent divestments and 7-year FRAND licensing of genetically modified and non-GM agricultural products (Bayer / Monsanto)
Vaish Associates Advocates (New Delhi)
CCI approves the acquisition of Monsanto by Bayer AG subject to structural modifications* The CCI by its order dated June 14, 2018 has approved the proposed acquisition of Monsanto Company (Monsanto) by Bayer Aktiengesellschaft (Bayer). The CCI approved the proposed combination, subject to the (...)

The Indian Competition Authority conditionally clears a merger in the agrochemicals and seeds industry (Bayer / Monsanto)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
In an order dated 14 June 2018, the Competition Commission of India (CCI) approved Bayer AG’s (Bayer) acquisition of Monsanto Company (Monsanto) (together, the Parties) subject to certain modifications. Shardul Amarchand Mangaldas & Co. represented Monsanto and assisted in seeking the CCI’s (...)

The US District Court for the District of Columbia rejects the DOJ’s challenge to a vertical merger in the entertainment sector (AT&T / Time Warner)
Fried Frank Harris Shriver & Jacobson (New York)
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Fried Frank Harris Shriver & Jacobson (New York)
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Fried Frank Harris Shriver & Jacobson (Washington)
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Court rejects DOJ challenge to AT&T / Time Warner vertical merger* In a much anticipated decision, Judge Richard Leon on June 12, 2018, rejected the (...)

The US District Court for the District of Columbia rejects the DoJ’s challenge to a vertical merger between an entertainment company and a distribution company (AT&T / Time Warner)
Jones Day (Washington)
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Jones Day (Washington)
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Jones Day (Houston)
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Court Rejects DOJ Antitrust Challenge to AT&T/Time Warner* After eighteen months of investigation and litigation, a federal district court has rejected the (...)

The US FTC conditionally approves a vertical merger in the defense industry subject to behavioral remedies (Northrop Grumman / Orbital ATK)
McDermott Will & Emery (Washington)
Aerospace & Defense Series: Behavioral Remedies Remain a Viable Solution for Vertical Mergers in the Defense Industry* Summary The recent FTC decision in the Northrop Grumman / Orbital ATK matter has shed light on the agency’s vertical merger enforcement policy and outlined a path to (...)

The EU Commission clears for the second time a merger subject to remedies on the market for the wholesale of premium Pay TV film channels (Liberty Global / Ziggo)
European Commission - DG COMP (Brussels)
Mergers: Commission confirms approval of acquisition of Dutch cable TV operator Ziggo by Liberty Global, subject to conditions* The European Commission has reapproved with conditions, under the EU Merger Regulation, the acquisition of Ziggo by Liberty Global. The merger was first approved in (...)

The EU General Court annuls the Commission’s rejection of an airline’s request for a waiver of pricing commitments, ordering that they be reviewed (Lufthansa)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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Norton Rose Fulbright (Brussels)
Deutsche Lufthansa AG is a joint founder member of Star Alliance, the largest global airline alliance. In addition to the Star Alliance Agreement, Lufthansa concluded with Scandinavian Airlines System (SAS) a bilateral alliance agreement, a marketing and sales agreement, and a bilateral joint (...)

The EU Commission clears a merger subject to remedies on the European steel market (ArcelorMittal / Ilva)
European Commission - DG COMP (Brussels)
MERGERS: COMMISSION CLEARS ARCELORMITTAL’S ACQUISITION OF ILVA, SUBJECT TO CONDITIONS* The European Commission has approved under the EU Merger Regulation the acquisition of Ilva by ArcelorMittal. The decision is conditional on the divestiture of an extensive remedy package to preserve (...)

The Irish Competition Authority obtains remedies in order to clear a merger in the wholesale and retail market (4 Aces / BWG)
Irish Competition Authority (Dublin)
CCPC COMMITMENTS FROM BWG TO SECURE APPROVAL FOR PROPOSED ACQUISITION OF 4 ACES WHOLESALE* Following an extensive investigation, the Competition and Consumer Protection Commission (CCPC) has today cleared the proposed acquisition of 4 Aces Wholesale Limited (“4 Aces”) by BWG Foods Unlimited (...)

The EU Commission clears a merger, subject to remedies, in the seeds, pesticides, and digital agriculture sector (Bayer / Monsanto)
European Commission - DG COMP (Brussels)
Mergers: Commission clears Bayer’s acquisition of Monsanto, subject to conditions* The European Commission has approved under the EU Merger Regulation the acquisition of Monsanto by Bayer. The merger is conditional on the divestiture of an extensive remedy package, which addresses the parties’ (...)

The Competition Authority of Botswana conditionally approves a merger with public interest conditions in the fast food restaurant market (Bradleymore’s Holdings)
Primerio (Washington)
COMPETITION AUTHORITY APPROVES KFC FRANCHISE M&A WITH PUBLIC-INTEREST CONDITIONS* On 7 February 2018 the Competition Authority of Botswana (“The Competition Authority”) approved, with conditions, the acquisition by Bradleymore’s Holdings (Pty) Ltd (“Bradleymore’s”), which is incorporated in (...)

The EU Commission clears a merger subject to remedies in the global media market and rejects a referral request by the Polish Competition Authority (Discovery / Scripps)
European Commission - DG COMP (Brussels)
Mergers: Commission approves Discovery’s acquisition of Scripps, subject to conditions; rejects referral request by Polish competition authority* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Scripps by Discovery, both US based global media (...)

The Spanish National Markets and Competition Commission clears the merger of the three card payment systems operating in Spain (Servired / Sistema)
Callol, Coca & Asociados (Madrid)
The NMCC has approved, subject to commitments, the merger of the three card payment service companies operating in Spain: Servired, Sistema 4B and Euro 6000, of which practically all banking entities present in Spain were shareholders. As a result of the operation, the Spanish card payment (...)

The EU Commission clears a merger subject to remedies in the market of semiconductors (Qualcomm / NXP)
European Commission - DG COMP (Brussels)
Mergers: Commission approves Qualcomm’s acquisition of NXP, subject to conditions* The European Commission has approved under the EU Merger Regulation the proposed acquisition of NXP, based in the Netherlands, by Qualcomm of the US. The approval is conditional on full compliance with (...)

The EU Commission clears merger of semiconductor companies subject to interoperability and quasi-structural remedies designed to address conglomerate concerns (Qualcomm / NXP)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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NXP Semiconductors (Hamburg)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 26 July 2018, US company Qualcomm Inc announced the abandonment of its proposed acquisition, through its subsidiary Qualcomm River Holding BV (Qualcomm), of (...)

The South African Competition Authority publishes its recommendations for approving conditionally a merger in the market of petroleum (Sinopec / Chevron)
Primerio (Washington)
MERGER CONTROL: PUBLIC INTEREST & SINOPEC/CHEVRON* WHEN THE STICK IS GREATER THAN THE CARROT While China Petroleum & Chemical Corporation (Sinopec), and global commodities trader and miner Glencore are the front runners in a bid to buy Chevron’s South African Business (Chevron SA), it (...)

The French Competition Authority clears a merger subject to remedies in the sector of collection and recovery of non-hazardous office waste (La Poste / Suez)
French Competition Authority (Paris)
Collection and recovery of non-hazardous office waste sector* In an unprecedented move, the Autorité de la concurrence closes a litigation procedure, and on the same day, clears a merger involving the same activity. The Autorité obtained commitments from La Poste regarding the promotion, (...)

The EU Commission clears a merger subject to remedies in the markets for passenger air travel (Lufthansa / Air Berlin)
European Commission - DG COMP (Brussels)
Mergers: Commission approves acquisition by Lufthansa of Air Berlin subsidiary LGW, subject to conditions* The European Commission has approved under the EU Merger Regulation Lufthansa’s proposed acquisition of certain Air Berlin assets, through the entity Luftfahrtgesellschaft Walter GmbH (...)

The Finnish Competition Authority clears a merger subject to remedies on the retail and purchasing markets of the grocery sector (SOK / Stockmann Delicatessen)
Finnish Competition and Consumer Authority (Helsinki)
FCCA approves the acquisition between SOK and Stockmann Delicatessen subject to conditions* Today, the Finnish Competition and Consumer Authority (FCCA) approved the acquisition of Stockmann Group’s Delicatessen business by Suomen Osuuskauppojen Keskuskunta, SOK (The Central Finnish Cooperative (...)

The French Competition Authority clears a merger subject to remedies in the agricultural cooperatives sector (CAM / Terrena)
French Competition Authority (Paris)
The Autorité de la concurrence clears, subject to commitments, the merger of Coopérative agricole des Agriculteurs de la Mayenne (CAM) with Terrena* Parties to the operation On 30 October 2017, the parties notified the Autorité de la concurrence of their intention to merge through a merger by (...)

The Russian Competition Authority clears the creation of a joint undertaking subject to remedies in the taxi market (Yandex / Uber)
Russian Federal Antimonopoly Service (Moscow)
FAS cleared merger between Yandex.Taxi and Uber, subject to conditions* On November 24, 2017 FAS agreed on the application of the Yandex N.V., Uber International C.V. for conclusion of an agreement on the creation of joint enterprise, subject to conditions. The results of analysis of the (...)

The Russian Competition Authority requires several remedies before clearing a merger in the agrotechnology market (Bayer / Monsanto)
Russian Federal Antimonopoly Service (Moscow)
FAS Russia applies access and behavioral remedies in the Bayer/Monsanto merger* The Federal Antimonopoly Service of Russia (FAS Russia) has concluded a review of the merger between “Bayer AG” (Germany) and “Monsanto Company” (USA) filed according to paragraphs 8 and 9 of section 1 of article 28 of (...)

The Hellenic Competition Authority clears an acquisition of joint control over a dairy milk company subject to commitments (Delta Foods / Mevgal)
Prentoulis Gerakini Law Partnership (Athens)
Under its decision No. 650/2017 the Hellenic Competition Commission (HCC) approved the acquisition of joint control of Mevgal SA by Delta Food SA and members of the Hatzakou family. Delta Food S.A., member of the Vivartia Group of companies, produces and distributes dairy products such as, (...)

The French Competition Authority adopts an innovative merger decision in the healthcare institution sector assessing not only the effects on medical services but also non-medical ancillary services (Médipôle-Partenaires / Elsan)
TotalEnergies (Paris)
The French Competition Authority (FCA) has adopted an innovative merger decision in the health care institution sector, assessing not only the effects of the operation on medical services (diagnostic and treatments), but also the effects on non-medical ancillary services. An innovative merge (...)

The EU Commission clears a merger subject to remedies in the pharmaceutical market (Johnson & Johnson / Actelion)
European Commission - DG COMP (Brussels)
MERGERS: COMMISSION APPROVES ACQUISITION OF ACTELION BY JOHNSON & JOHNSON, SUBJECT TO CONDITIONS* The European Commission has approved under the EU Merger Regulation the proposed acquisition of Actelion Pharmaceuticals by Johnson & Johnson. The decision is subject to conditions (...)

The EU Commission clears the acquisition of a pharmaceutical company by a global conglomerate subject to a commitment that clinical development of innovative insomnia drugs will not be adversely affected by the merger (Johnson & Johnson / Actelion)
European Commission - DG COMP (Brussels)
J&J/Actelion - falling asleep fast and deeply while staying fully awake on innovation * In a nutshell: The Commission found competitive concerns due to the combination of two development programmes for insomnia drugs, currently in Phase II of clinical trials. These pipeline drugs are based (...)

The German FCO publishes merger remedies guidelines
Heinz & Zagrosek (Köln)
Bundeskartellamt publishes merger remedies guidelines* On May 30, 2017, the Bundeskartellamt (Federal Cartel Office, "FCO“) has published guidelines on remedies in German merger control, also available in an English translation. The very detailed guidelines (87 pages) provide a comprehensive (...)

The EU Commission clears a merger, subject to remedies, in the market of semiconductor devices (Brocade / Broadcom)
European Commission - DG COMP (Brussels)
MERGERS: COMMISSION CLEARS ACQUISITION OF BROCADE BY BROADCOM, SUBJECT TO CONDITIONS* The European Commission has cleared under the EU Merger Regulation the proposed acquisition of networking products supplier Brocade (US) by semiconductor manufacturer Broadcom (US/Singapore), subject to (...)

The Spanish Competition Authority rules that a pay-tv operator should compensate its competitors for the excess payments for the rental of pay-tv channels, in the context of monitoring proceedings of a merger decision (Telefonica / DTS)
Callol, Coca & Asociados (Madrid)
The NMCC has ordered Telefonica to compensate its competitors Vodafone, Telecable and Total Channel for the excessive wholesale prices paid for football channels Canal+ Liga and Canal+ Partidazo in the season 2015/2016. This order is in the context of monitoring proceedings of the merger (...)

The German Competition Authority publishes merger remedies guidance
Jones Day (Frankfurt)
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Jones Day (Brussels)
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Jones Day (Dusseldorf)
The German Federal Cartel Office (Bundeskartellamt or "FCO") has published guidance on the requirements placed on remedies in merger control and their implementation. Remedies are an important instrument in merger control practice. They can enable the clearance of a merger under conditions and (...)

The Chinese MOFCOM requires divestitures and behavioural commitments to approve a merger in the market of agrochemical products, material science products and speciality products (Dow / DuPont)
University of Melbourne
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University of Melbourne
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Hogan Lovells (Beijing)
On 29 April 2017, the MOFCOM approved the merger between Dow and DuPont, subject to structural and behavioural conditions. The merger notification was submitted on 21 March 2016, which was accepted as complete on 6 May 2016. The review went into an extended phase 2, and the parties withdrew (...)

The EU Commission clears a merger, subject to remedies, in the aircraft engine market (ITP / Rolls-Royce)
European Commission - DG COMP (Brussels)
MERGERS: COMMISSION CLEARS ACQUISITION OF SOLE CONTROL OF ITP BY ROLLS-ROYCE, SUBJECT TO CONDITIONS* The European Commission has cleared under the EU Merger Regulation the proposed acquisition of aircraft engine components maker ITP (Spain) by aircraft engine maker Rolls-Royce (UK). The (...)

The UK Competition Authority clears a merger subject to remedies in the market of payment systems (MasterCard / VocaLink)
United Kingdom’s Competition Authority (CMA) (London)
CMA accepts Mastercard/VocaLink undertakings* The CMA has today accepted undertakings offered by Mastercard to address competition concerns arising from its purchase of VocaLink. On 18 January 2017, the Competition and Markets Authority (CMA) announced it would look in detail at whether the (...)

The EU Commission blocks attempted merger between the two largest stock exchange operators in Europe, due to their inability to offer remedies that would prevent the creation of a de facto monopoly in the markets for fixed-income clearing (Deutsche Börse / London Stock Exchange)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
DB/LSE - Assessing financial infrastructure markets: Network effects, service portfolios and viability of remedies* In a nutshell: The Commission prohibited the merger between the two largest European financial infrastructure groups, Deutsche Börse and London Stock Exchange, in March 2017. This (...)

The US FTC clears an acquisition between two companies in the energy sector after they agreed to remedy an overlap for the natural gas pipeline (Enbridge / Spectra)
McDermott Will & Emery (Washington)
The Federal Trade Commission (FTC) recently granted US antitrust clearance for Enbridge’s acquisition of Spectra after the parties agreed to behavioral commitments to remedy an overlap for natural gas pipeline transportation from the wellhead in three markets off the coast of Louisiana (Green (...)

The French Competition Authority fines companies for breaching commitments on fibre optic rollout (Altice / SFR)
Van Bael & Bellis (Brussels)
On 9 March 2017, the French Competition Authority (“FCA”) fined Altice and SFR Group € 40 million for violating commitments entered into with the FCA at the conclusion of its review of the Altice/SFR merger in October 2014. By way of background, the commitments required Altice/ SFR to honour an (...)

The Hellenic Competition Authority approves the acquisition of a major supermarket chain of 383 companies that formed part of the largest retail chain (Sklavenitis / Marinopoulos)
Kyriakides Georgopoulos (Athens)
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Kyriakides Georgopoulos (Athens)
Supermarket chains acquisition cleared with remedies: SKLAVENITIS/ MARINOPOULOS (HCC 637/2017) Picking up from where it left off in the on-going consolidation of the Greek super-market sector, the HCC was called, in January 2017, to clear the acquisition of control by Sklavenitis, a major (...)

The US FTC issues its second report on merger remedies
Baker McKenzie (Chicago)
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Baker McKenzie (Washington)
Expanding on the FTC’s divestiture study in 1999, on 19 January 2017, the FTC issued its second report, The FTC’s Merger Remedies 2006-2012: A Report of the Bureau of Competition and Economics. Recognizing that the efficacy of its remedies is critical to its mission, the key finding is that "the (...)

The US FTC publishes its merger remedies report and signals tougher enforcement for designing and implementing remedies
Skadden, Arps, Slate, Meagher & Flom (Washington)
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Jones Day (Houston)
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Jones Day (Washington)
The Federal Trade Commission staff have completed a new study evaluating its process for designing and implementing merger remedies and the success of the remedies it has imposed in the past. Its report—"The FTC’s Merger Remedies 2006-2012: A Report of the Bureaus of Competition and (...)

The Chinese MOFCOM conditionally clears a merger in the vascular closure devices market (Abbott Laboratories / St Jude Medical)
Hogan Lovells (Beijing)
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University of Melbourne
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China Competition Bulletin (Beijing)
On 30 December 2016, Abbott Laboratories’s acquisition of St Jude Medical was conditionally approved by the MOFCOM. On 4 July 2016, Abbott Laboratories submitted its notification to the MOFCOM, which was accepted as complete on 6 September 2016. The authority’s review entered phase 2 on 6 October (...)

The Irish Competition Authority clears a merger subject to two behavioral remedies in the private technologically advanced hospitals market (Bon Secours / Barringtons)
Trinity College Dublin
Introduction 1. On 21 December 2016 the Competition and Consumer Protection Commission (CCPC), Ireland’s competition agency, cleared, after an extended Phase I, the acquisition whereby Bon Secours Health System Company Limited by Guarantee (Bon Secours) would acquire sole control of Barringtons (...)

The Polish Competition Authority clears a merger, subject to remedies, in the wholesale and retail sale of everyday consumer goods market (Dystrybucja Alkoholi / Eurocash)
Polish Competition Authority (Warsaw)
CONDITIONAL CONCENTRATION CLEARANCE: EUROCASH - PDA* The President of the Office of Competition and Customer Protection (UOKiK) gave his consent to a takeover of Polska Dystrybucja Alkoholi by Eurocash. The transaction may take place providing the purchase of a warehouse in Pabianice is (...)

The Polish Competition Authority gives conditional consent to a merger of undertakings operating on the market for wholesale and retail sale of alcoholic beverages (Eurocash / Polska Dystrybucja Alkoholi)
WKB Wierciński Kwieciński Baehr (Warsaw)
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WKB Wierciński Kwieciński Baehr (Warsaw)
In its decision of December 2016, the Polish Competition Authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, the “OCCP President” or the “Authority”) has given his conditional consent for Eurocash to take control over Polska Dystrybucja Alkoholi (hereinafter the “PDA”). Both undertakings (...)

The EU Commission clears a merger subject to remedies on the professional social networks market (Microsoft / LinkedIn)
European Commission - DG COMP (Brussels)
MERGERS: COMMISSION APPROVES ACQUISITION OF LINKEDIN BY MICROSOFT, SUBJECT TO CONDITIONS* The European Commission has approved under the EU Merger Regulation the proposed acquisition of LinkedIn by Microsoft. The decision is conditional on compliance with a series of commitments aimed at (...)

The EU Commission clears the acquisition of a leading global professional social networking platform by a leading global software company, subject to 5-year remedies that include monitoring and prevention of tying (Microsoft / LinkedIn)
European Commission - Legal Service (Brussels)
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European Parliament (Brussels)
Microsoft/LinkedIn: Big data and conglomerate effects in tech markets* In a nutshell: The Microsoft/LinkedIn case is an important development in the Commission’s assessment of mergers involving data-related issues in tech industries. It provides further guidance on the framework for the (...)

The EU Commission conditionally clears a merger in the professional social network market (Microsoft / LinkedIn)
Milbank (London)
European Commission Approves Microsoft Acquisition of LinkedIn Subject to Conditions* On 6 December 2016, the European Commission cleared the acquisition of LinkedIn by Microsoft, subject to Microsoft granting LinkedIn’s competitors access to certain LinkedIn tools. “Big Data” concerns analysed (...)

The EU Commission clears a merger, subject to remedies, in the container liner shipping market (Hapag-Lloyd / UASC)
European Commission - DG COMP (Brussels)
MERGERS: COMMISSION APPROVES CONTAINER LINER SHIPPING MERGER BETWEEN HAPAG-LLOYD AND UASC, SUBJECT TO CONDITIONS* The European Commission has cleared under the EU Merger Regulation the proposed acquisition of United Arab Shipping Company ("UASC") by Hapag-Lloyd of Germany, subject to (...)

The French Competition Authority clears a merger, subject to remedies, in the slaughtering and meat processing market (Sicavyl / Sicarev)
French Competition Authority (Paris)
THE AUTORITÉ DE LA CONCURRENCE CLEARS THE MERGER BETWEEN SICAVYM AND SICAREV, SUBJECT TO CONDITIONS* Parties to the operation On 4 November 2016, the agricultural cooperatives Sicarev and Sicavyl, mainly active in the meat sector, notified the Autorité de la concurrence of their intended (...)

The French Competition Authority clears a merger subject to remedies in the airports market (Aéroports de Lyon / Vinci Airports)
French Competition Authority (Paris)
THE AUTORITÉ DE LA CONCURRENCE CLEARS THE ACQUISITION OF AÉROPORTS DE LYON BY VINCI AIRPORTS, SUBJECT TO COMMITMENTS* On 6 September 2016, Vinci Airports, a subsidiary of the Vinci group, notified the Autorité de la concurrence of its acquisition of sole control of Aéroports de Lyon, the company (...)

The UK Competition Authority imposes a behavioural commitments akin to a structural divestment on an undertaking specialist in the magazine sector (Future / Miura)
McDermott Will & Emery (Paris)
UK CMA IMPOSES BEHAVIOURAL COMMITMENTS AKIN TO A STRUCTURAL DIVESTMENT: THE SCI-FI MAGAZINES CASE* Divestments often constitute the most appropriate remedy to resolve antitrust concerns in the context of merger control. However, behavioural commitments may also have the same commercial effects (...)

The EU Commission conditionally clears an acquisition in the market for satellite launch services (Arianespace / ASL)
Van Bael & Bellis (Brussels)
On 20 July 2016, the European Commission conditionally cleared the acquisition of Arianespace by Airbus Safran Launchers (“ASL”). Arianespace is a French company offering satellite launch services to private and institutional satellite operators. ASL is a 50/50 joint venture controlled by Airbus (...)

The EU Commission clears a merger, subject to remedies, in the markets for satellites and launch services (Arianespace / ASL)
European Commission - DG COMP (Brussels)
MERGERS: COMMISSION APPROVES ACQUISITION OF ARIANESPACE BY ASL, SUBJECT TO CONDITIONS* Following an in-depth review, the European Commission has approved under the EU Merger Regulation, the acquisition of Arianespace by Airbus Safran Launchers (ASL), a joint venture between Airbus and Safran. (...)

The Hellenic Competition Authority clears, subject to remedies, a merger on the market for the provision of stevedoring and storage of domestic containerized cargo services (Cosco / Piraeus Port Authority)
Hellenic Competition Commission (Athens)
Clearance of the proposed acquisition by COSCO (HONG KONG) GROUP LIMITED of sole control over PIRAEUS PORT AUTHORITY S.A. subject to conditions* The Hellenic Competition Commission (HCC) has cleared today the notified concentration between PIRAEUS PORT AUTHORITY S.A. (PPA S.A.) and COSCO (HONG (...)

The French Competition Authority clears a merger, subject to remedies, on the smoked trout market (Aqualande Group / Labeyrie)
French Competition Authority (Paris)
The Autorité de la concurrence clears the acquisition of joint control of the Aqualande Group by Labeyrie together with the agricultural cooperative Les Aquaculteurs Landais, subject to commitments* On 21 January 2016, Labeyrie and Les Aquaculteurs Landais notified the Autorité de la concurrence (...)

The EU Commission conditionally approves a merger subject to divestment commitments and behavioral conditions in the payment services and terminals sector (Equens / Worldline)
Van Bael & Bellis (Brussels)
On 20 April 2016, the European Commission (“Commission”) approved the acquisition by Worldline of Equens (and its subsidiary PaySquare) under the EU Merger Regulation, subject to divestment commitments and behavioural conditions. Worldline is the incumbent operator of payment services and (...)

The Belgian Competition Authority clears a merger subject to remedies in the market of multiplex cinemas (Kinepolis / Utopolis)
Belgian Competition Authority (Brussels)
THE BELGIAN COMPETITION AUTHORITY (BCA) HAS APPROVED WITH REMEDIES THE ACQUISITION BY KINEPOLIS OF TWO OF THE FOUR MULTIPLEX CINEMAS OF UTOPOLIS The Competition College of the Belgian Competition Authority has approved on 25 March 2016 the acquisition by Kinepolis of two of the four Utopolis (...)

The Competition Commission of Pakistan clears a merger subject to remedies in the telecommunications market (Mobilink / Warid)
Concurrences (Paris)
On 21 March 2016, the Competition Commission of Pakistan (Commission) approved the proposed merger of Mobilink, a subsidiary of VimpelCom, and Warid, a subsidiary of the Abu Dhabi Group. The firms are the first and fifth largest mobile network operators in Pakistan, while VimpelCom is present (...)

The Belgian Competition Authority approves acquisition subject to remedies in the food retail market (Delhaize / Ahold)
Van Bael & Bellis (Brussels)
On 15 March 2016, the Competition College of the Belgian Competition Authority (“BCA”) approved the acquisition of Delhaize Group by Ahold, subject to a number of conditions. Delhaize (Belgium) and Ahold (The Netherlands) are two major food retailers active in their home countries as well as in (...)

The EU Commission clears acquisition of a fourth largest global manufacturer of generic medicines by the largest global competitor, subject to complex remedies and monitoring, including addressing concerns about vertical relationships between parties for the first time in a generics merger (Teva / Allergan Generics)
European Commission - DG COMP (Brussels)
,
URBAN STEINECKER GAŠPEREC BOŠANSKÝ (Bratislava)
,
Sciences Po Paris
Teva/Allergan Generics: An unprecedented generics merger* In a nutshell While the Commission has had significant experience dealing with mergers in the generic medicines industry, the sheer scale of Teva/Allergan Generics, combining two of the top four players globally, posed a number of (...)

The EU Commission conditionally approves a merger in the telecommunications sector (Liberty Global / BASE)
Van Bael & Bellis (Brussels)
On 4 February 2016, the European Commission conditionally approved the acquisition of Belgian mobile network operator (“MNO”) BASE by Liberty Global, which controls the Belgian telecommunications operator and mobile virtual network operator (“MVNO”) Telenet. Telenet has a significant position in a (...)

The UK Competition Authority accepts a remedy concerning a merger in the serviced office space market (Regus / Avanta)
United Kingdom’s Competition Authority (CMA) (London)
CMA ACCEPTS REMEDY IN SERVICED OFFICE SPACE MERGER * The Competition and Markets Authority has today accepted a remedy to resolve competition concerns arising from Regus’ acquisition of Avanta. The Competition and Markets Authority (CMA) announced on 18 November 2015 that it would consider in (...)

The Montenegrin Competition Authority issues a conditional approval of a concentration in the markets of distribution of media contents and provision of direct internet access services (Telemach / M-Kabl)
BDK (Podgorica)
On 29 December 2015, the Montenegrin Agency for Protection of Competition (“Agency“) issued its first conditional approval of a concentration, this time between Telemach A.D. Podgorica (“Telemach“) and M-Kabl doo Podgorica (“M-Kabl“). The concentration is a result of an indirect acquisition of full (...)

The French Competition Authority clears, subject to remedies, a merger in the fast food market (Quick / Burger King)
French Competition Authority (Paris)
The Autorité de la concurrence clears the acquisition of Quick by Burger King, subject to commitments.* On 4 November 2015, Burger King France notified to the Autorité de la concurrence the acquisition of sole control of the Quick group. Burger King France operates a network of thirty (...)

The Italian Competition Authority conditionally clears a merger between two major ferry operators (Onorato Partcipazioni-Newco / Moby-Compagnia Italiana di Navigazione)
Giannino SI (Monserrato)
Introduction By the decision made on 10 December 2015 in Onorato Partcipazioni-Newco/Moby-Compagnia Italiana di Navigazione (OP/Moby-CIN), the Italian Competition Authority (ICA) has conditionally cleared a concentration involving two major ferry operators active on maritime routes connecting (...)

The French Competition Authority clears merger of 2 fast food restaurant chains, subject to divestitures in a local market (Quick / Burger King France)
Deloitte (Paris)
,
Deloitte (Paris)
The operation notified to the French Competition Authority (FCA) consists in the acquisition of the firm Quick by the firm Burger King France. Burger King and Quick are two fast-food restaurant chains selling hamburgers. The purpose of the operation is to turn 300 Quick restaurants located in (...)

The French Competition Authority opens ex officio proceedings to review whether a internet provider has respected its merger remedies (SFR / Bouygues Telecom)
French Competition Authority (Paris)
SFR/Bouygues Telecom agreement to deploy fibre in very densely populated areas* Following a complaint made by Bouygues Telecom, the Autorité de la concurrence has opened ex officio proceedings to review the conditions under which Numericable complies with its commitments made in relation to the (...)

The Mexican Competition Authority clears a merger subject to remedies in the supermarkets retail sector (Soriana / Comercial Mexicana)
Mexican Competition Authority (Mexico City)
COFECE conditions concentration1 between Soriana and Comercial Mexicana* Mexico City, October 8th 2015. - The Mexican Federal Competition Commission (COFECE) decided to challenge the concentration between Organización Soriana (Soriana) and Controladora Comercial Mexicana (CCM) in the terms in (...)

The Croatian Competition Authority acknowledges implementation of the structural divestment remedies and the conduct behavioural remedies imposed to a merger in the retail sector (Agrokor)
Croatian Competition Agency (Zagreb)
Agrokor complies with its commitment to divest its outlets under the decision of the CCA* The Croatian Competition Agency (CCA) accepted the second report of the trustee on the implementation of the structural divestment remedies and the conduct (behavioural) remedies in the concentration (...)

The EU Commission clears a merger subject to remedies in the radio frequency and power transistors market (NXP / Freescale)
European Commission - DG COMP (Brussels)
MERGERS: COMMISSION APPROVES NXP’S ACQUISITION OF FREESCALE, SUBJECT TO CONDITIONS* The European Commission has approved the acquisition of Freescale by NXP, subject to divestment of NXP’s radio frequency power business, where the takeover could have led to higher prices and less competition. (...)

The Belgian Competition Authority conditionally approves merger in highly concentrated print magazines market (De Persgroep / Humo)
Simmons & Simmons (Brussels)
Conditional approval of media merger defuses the risk of four popular Dutch language magazines disappearing from the Belgian market. On 04 August 2015, and in the context of a Phase I procedure, the Competition College of the Belgian Competition Authority conditionally approved the acquisition (...)

The Italian Competition Authority conditionally clears a concentration between two regional energy firms (Società Elettrica Altoatesina / Azienda Energetica)
Giannino SI (Monserrato)
By a decision made on 15 July 2015 the Italian Competition Authority (ICA) has conditionally cleared a concentration between two publicly held regional energy firms, Società Elettrica Altoatesina (SEL) and Azienda Energetica (AE), operating in the North-east of Italy in the province of Bolzano. (...)

The EU Commission clears a merger subject to remedies in the airline market (Aer Lingus / IAG)
European Commission - DG COMP (Brussels)
Commission approves acquisition of Aer Lingus by IAG, subject to conditions* The European Commission has cleared under the EU Merger Regulation the proposed acquisition of Irish airline Aer Lingus by International Consolidated Airlines Group (IAG). IAG is the holding company of British (...)

The EU Commission approves a joint venture for cross-border licensing of online music between three music collecting societies (PRSfM / STIM / GEMA)
European Commission - DG COMP (Brussels)
Commission approves joint venture for cross-border licensing of online music between PRSfM, STIM and GEMA, subject to commitments* Following an in-depth investigation, the European Commission has approved under the EU Merger Regulation the proposed creation of a joint venture for (...)

The EU Commission conditionally approves online rights licensing and administration joint venture between collective management organizations (PRSfM / STIM / GEMA)
Van Bael & Bellis (Brussels)
On 16 June 2015, the EU Commission conditionally approved the proposed joint venture between music collective management organisations PRS for music Limited (“PRSfm”) of the UK, Föreningen Svenska Tonsättares Internationella musikbyrå u.p.a. (“STIm”) of Sweden, and Gesellschaft für musikalische (...)

The EU Commission clears a merger subject to remedies in the pharmaceutical sector (Merck / Sigma-Aldrich)
European Commission - DG COMP (Brussels)
MERGERS: COMMISSION APPROVES ACQUISITION OF SIGMA-ALDRICH BY MERCK, SUBJECT TO CONDITIONS * The European Commission has approved the proposed acquisition of Sigma-Aldrich by Merck under the EU Merger Regulation. Both companies are active world-wide in the life science sector. The decision is (...)

The Belgian Competition Authority lifts four-year old merger conditions from the conditional approval of an acquisition (Proximus / The Phone House)
Van Bael & Bellis (Brussels)
On 8 June 2015, the Belgian Competition Authority (BCA) lifted four-year old merger conditions from the BCA’s conditional approval of the acquisition by telecommunications operator Proximus (formerly Belgacom) of telecommunications retailer The Phone House. In 2011, the BCA’s predecessor agency, (...)

The French Competition Authority clears a merger, subject to remedies in the regional daily press market (Les Journaux du Midi / La Dépêche du Midi)
French Competition Authority (Paris)
The Autorité de la concurrence clears, subject to conditions, the acquisition of Les Journaux du Midi by La Dépêche du Midi.* The La Dépêche du Midi Group is mainly active in the South/South-West of France, with the publication of the following regional daily press titles: La Dépêche du Midi, La (...)

The Japan FTC clears a merger subject to remedies in the market of manufacture and retail of paper and pulp products (Chuetsu Pulp & Paper / Oji Holdings)
Japan Fair Trade Commission (Tokyo)
THE JTFC REVIEWED THE PROPOSED ACQUISITION OF SHARES OF CHUETSU PULP & PAPER CO., LTD. BY OJI HOLDINGS CORPORATION * Receiving notification regarding the proposed acquisition of shares of Chuetsu Pulp & Paper Co., Ltd. (hereinafter referred to as “Chuetsu”) by Oji Holdings Corporation (...)

The EU Commission clears a merger subject to remedies in the retail markets involving fixed internet access services (Orange / Jazztel)
European Commission - DG COMP (Brussels)
Commission clears acquisition of Jazztel by Orange, subject to conditions* The European Commission has approved under the EU Merger Regulation the proposed acquisition of Jazztel plc, a telecommunications company registered in the UK but mainly active in Spain, by rival Orange SA of France. (...)

The Finnish Competition and Consumer Authority lifts certain remedies imposed on a dairy processor and manufacturer in two earlier merger clearance decisions (Valio)
Merilampi Attorneys (Helsinki)
On 23 April 2015, the Finnish Competition and Consumer Authority (“FCCA”) issued a decision accepting Valio Oyj’s (“Valio”) application to lift certain conditions imposed on Valio in two earlier merger clearance decisions (Case No 1151/81/99 acquisition of the regional dairies Osuuskunta (...)

The Spanish Competition Authority approves an acquisition in the pay TV and telecommunications markets by a direct competitor in a second phase decision with commitments (Telefónica / DTS)
Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
The approved transaction consists of the acquisition by Telefónica (incumbent telecommunications operator also active in the pay TV market) of the exclusive control of DTS, through the purchase of the 56 % share capital in the hands of Prisa, which adds to the 44% share capital already owned by (...)

The Spanish Competition Authority clears the acquisition of the first national pay-tv provider by a direct competitor (Telefónica / DTS)
Linklaters (Madrid)
,
Linklaters (Madrid)
1 Introduction On 22 April 2015, seven months after it was notified of the incumbent telecoms operator Telefónica’s acquisition of sole control of Distribuidora de Televisión Digital, S.A. (“DTS”), the National Markets and Competition Authority (“CNMC”) cleared the deal subject to commitments . (...)

The EU Commission conditionally clears the acquisition of a media company by a competitor (De Vijver Media / Liberty Global)
Ashurst (Milan)
European Commission clears acquisition of Belgian media company by Liberty Global subject to commitments* Last 24 February the European Commission cleared Liberty Global’s acquisition of a controlling stake in the Belgian media company De Vijver Media NV (“De Vijver”), subject to commitments. (...)

The Norwegian Competition Authority conditionally clears a three-to-two merger in the telecom sector (TeliaSonera / Tele2 Norge)
Haavind (Oslo)
Commitments Package Saved 3-to-2 Mobile Merger* In February 2015 TeliaSonera, the Finnish-Swedish telecoms player, was given a green light to take over Tele2’s mobile operations in Norway. The Norwegian Competition Authority had voiced significant concerns over the deal, signalling that (...)

A US State Court rejects a proposed consent judgment for under-addressing the competitive harm (Commonwealth of Massachusetts / Partners Healthcare System)
Constantine Cannon (New York)
,
New York State Office of Cannabis Management ·
Massachusetts Court Unsettles Partners’ Hospital Merger By Nixing Consent Judgment* A Massachusetts state court on Thursday derailed the settlement of a challenge to the proposed merger of Partners Health System with rivals South Shore Health and Educational Corp. (South Shore Hospital) and (...)

The EU Commission conditionally approves a three-part deal in the pharmaceutical sector (Novartis / GSK)
Van Bael & Bellis (Brussels)
On 28 January 2015, in two separate decisions, the European Commission conditionally approved a complex transaction between pharmaceuticals producers GlaxoSmithKline (GSK) and Novartis that will result in: (i) GSK’s acquisition of Novartis’ human vaccines business; (ii) the formation of a joint (...)

The Chinese Ministry of Commerce implements its new provisions on imposing additional restrictive conditions on concentrations of business operators
King & Wood Mallesons (Beijing)
,
Freshfields Bruckhaus Deringer (Beijing)
Developments to the Merger Control Regime in China: MOFCOM’s Provisions on Imposing Additional Restrictive Conditions on Concentrations of Business Operators (for Trial Implementation)* With the collaboration of Al Wu, Sarah Eder and Lingbo Wei. On 4 December 2014, the Provisions of the (...)

The US DoJ approves a merger under conditions to resolve a vertical antitrust concern in the vehicle air springs market (Continental / Veyance Technologies)
Doyle, Barlow & Mazard (Washington DC)
DOJ’s Approval of Continental AG’s Acquisition of Veyance Requires Remedy of a Vertical Concern* On December 11, 2014, the Department of Justice (“DOJ”) approved Continental AG’s $1.8 billion acquisition of Veyance Technologies with conditions. The settlement agreements requires Continental to (...)

The Hellenic Competition Commission clears a merger subject to remedies in the market for chocolate milk and in the market for the procurement of raw milk (Delta / Mevgal)
Hellenic Competition Commission (Athens)
Clearance of the proposed acquisition by DELTA of MEVGAL, subject to conditions and obligations* HELLENIC REPUBLIC COMPETITION COMMISSION Athens, 1 December 2014, PRESS RELEASE Clearance of the proposed acquisition by the DELTA of MEVGAL, subject to conditions and obligations. The Hellenic (...)

The French Competition Authority clears, subject to remedies, a merger in the mobile virtual networks market (Virgin Mobile / Numericable)
French Competition Authority (Paris)
The Autorité de la concurrence clears Virgin Mobile’s acquisition by Numericable* The Autorité de la concurrence has cleared the acquisition of Omer Telecom Limited (“OTL”) by Numericable. OTL is a virtual mobile phone operator operating under the Virgin Mobile brand. This decision takes place (...)

The EU Commission imposes several commitments to alleviate vertical competition concerns in the space industry (Airbus / Safran)
European Commission - DG COMP (Brussels)
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DG TRADE (Brussels)
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Spanish Copyright Board (Madrid)
"Airbus /Safran /JV: Launching competition into space"* In a nutshell : In the Airbus /Safran/JV case, the Commission looked at the space industry. Several commitments were imposed to alleviate foreclosure concerns of competitors. One of the vertical concerns identified required the (...)

The Spanish Competition Authority conditionally approves, in a second phase decision, a merger in the market of free online classified motor vehicle advertising platforms (Schibsted / Milanuncios)
Callol, Coca & Asociados (Madrid)
,
Callol, Coca & Asociados (Madrid)
,
Callol, Coca & Asociados (Madrid)
The National Markets and Competition Commission (NMCC) approves the acquisition by Schibsted España S.L.U. (SCM Spain) of Milanuncios S.L.U. (MA) subject to remedies in a second phase merger. On 20 November 2014, the transaction of reference has been deemed authorized under Spanish merger (...)

The Competition Commission of Singapore conditionally clears first merger with divestment and behavioural commitments (Seek Asia Investments / JobStreet)
BHP Billiton (Singapore)
Comment: On 13 November 2014, the Competition Commission of Singapore (the “CCS”) released its grounds of decision conditionally clearing the proposed acquisition by SEEK Asia Investments Pte. Ltd. (“SEEK Asia Investments”), of 100 per cent. of the online recruitment business assets of JobStreet (...)

The French Competition Authority clears the takeover of a mobile phone operator subject to structural and behavioural commitments (SFR / Numéricable)
Herbert Smith Freehills (Paris)
,
Herbert Smith Freehills (Paris)
Introduction On 30 October 2014, following an in-depth review, the French Competition Authority (the "FCA") authorised the takeover of the mobile phone operator SFR by Numericable Group, a wholly-owned subsidiary of Altice. Before the transaction, SFR was wholly owned by the Vivendi group; (...)

The French Competition Authority clears, subject to remedies, an acquisition in the high-speed broadband access market (SFR / Numéricable)
French Competition Authority (Paris)
The Autorité de la concurrence gives conditional clearance to the acquisition of SFR by Numericable, an Altice subsidiary. * Among the commitments discussed and negotiated with the Autorité de la concurrence, Numericable commits to give competitors (internet service providers, MVNO) access to (...)

The EU Commission approves the acquisition of several chemical businesses, subject to conditions (Huntsman / Rockwood)
Snap Inc. (Paris)
,
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
"The "White Powder" Case: Balancing the Evidence"* The Huntsman- Rockwood TiO2 merger provides lessons for future chemical cases on the following topics: 1) The use of market features and price correlation to define relevant market. 2) Competition by Chinese products in the European (...)

The Romanian Competition Council conditionally clears a merger following a market test in the sugar market (Agrana Zucker)
Romanian Competition Council (Bucharest)
The Competition Council has approved takeover of SC Lemarco Cristal SRL and SC Zaharul Liesti by Agrana Zucker GMBH in Austria* The Competition Council has authorized the economic concentration by which AGRANA Zucker GmbH took over the assets of SC Zaharul Lieşti SA and SC Lemarco Cristal SRL. (...)

The Romanian Competition Council launches a market test to evaluate the commitments proposed by an undertaking on white sugar market (Agrana Zucker)
Romanian Competition Council (Bucharest)
The Competition Council launches for public debates the commitments formulated by AGRANA ZUCKER* The Competition Council launches for public debate the commitments formulated by Agrana Zucker for removing the competition concerns identified within the operation of taking over the assets of (...)

The District Court of Jerusalem condemns a former CEO for actual imprisonment time (Mr. Roznhoiz / Mr. Gidor / Supersal)
B. Golan Law Firm (Tel Aviv)
,
Recently, the District Court of Jerusalem has sentenced the former CEO of the largest supermarket chain in Israel for actual imprisonment time. This verdict is very significant and is most likely to be a mile stone in the evolution of sanctioning for violations of antitrust law. It is (...)

The Australian Competition Tribunal grants authorisation to complete acquisition under the proposed conditions on the market for electricity wholesale and retail markets in NSW (AGL Energy / Macquarie Generation)
Australian Competition and Consumer Commission (Canberra)
ACCC disappointed by Tribunal decision authorising AGL to acquire Macquarie Generation* The Australian Competition Tribunal (the Tribunal) has decided to grant conditional authorisation to AGL Energy Limited’s (AGL) proposed acquisition of Macquarie Generation. The Tribunal concluded that the (...)

The Turkish Council of State annuls the decision of the Turkish Competition Authority which conditionally cleared the merger of the two largest cinema chains in Turkey in Phase II (AFM / Mars)
Ankara Hacı Bayram Veli University (Ankara)
This study analyses the judgment of the Turkish Council of State in which it has annulled the decision of the Turkish Competition Authority to conditionally clear in Phase II the merger of the two largest cinema chains in Turkey on the grounds that the merger remedies were insufficient to (...)

The Danish Competition Authority conditionally approves a takeover on the market for audit and tax services (EY / KPMG)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: Merger in the audit industry approved with commitments* The Danish Competition Council (DCC) has approved EY’s takeover of KPMG in Denmark, subject to commitments. The purpose of the commitments is to support the reestablishment of KPMG International’s presence in Denmark so that KPMG (...)

The Chinese MOFCOM clears acquisition on the market for chemical materials used in the manufacture of integrated circuits and flat panel displays (Merck / AZ Electronics)
AnJie Broad Law (Beijing)
Last Hurdle for Merck’s Acquisition of AZ Electronics Removed: MOFCOM’s 23rd Conditional Clearance* Following the antitrust watchdog in Germany, Japan, Taiwan and the United States, the Ministry of Commerce of the People’s Republic of China (MOFCOM) conditionally cleared Merck KGaA’s (Merck) (...)

The Chinese MOFCOM conditionally clears a merger in the manufacture of flat panel displays sector (Merck / AZ Electronics)
Jones Day (Shanghai)
,
Gibson Dunn (Hong Kong)
,
Jones Day (Beijing)
On April 30, MOFCOM approved the acquisition of AZ Electronic Materials S.A. (“AZ”) by Merck KGaA (“Merck”). MOFCOM’s review focused on two products that are components in the manufacture of flat panel displays (FPDs): liquid crystal and photoresist. The decision indicates that MOFCOM engaged (...)

The Chinese MOFCOM grants a conditional clearance on a proposed $3.1 billion acquisition on the market for liquid display crystals and photoresists (Merck / AZ Electronics)
AnJie Broad Law (Beijing)
MOFCOM Raised Specific Concerns over Adjacent Markets in Its Merger Review* Introduction On April 30, 2014, China’s Ministry of Commerce (“MOFCOM”) granted a conditional clearance on the proposed $3.1 billion acquisition of London-listed AZ Electronic Materials S.A. (“AZ”) by Merck KGaA (“Merck”) (...)

The Chinese MOFCOM clears a merger in the mining industry (Glencore Xstrata / Las Bambas)
Mattel (Hong Kong)
,
White & Case (Hong Kong)
,
White & Case (London)
At long last, Glencore has overcome the final regulatory hurdle and secured the approval of China’s Ministry of Commerce (MOFCOM) to acquire the 66 percent of Xstrata that it does not already own. But not before agreeing to part with one of the prized assets in Xstrata’s portfolio, the Las Bambas (...)

The Chinese MOFCOM conditionally clears a merger in the smartphone market (Microsoft / Nokia)
Jones Day (Shanghai)
,
Gibson Dunn (Hong Kong)
,
Jones Day (Beijing)
On April 8, MOFCOM approved Microsoft’s acquisition of Nokia’s mobile handset business. MOFCOM’s review focused on three product markets: smartphones, mobile operating systems, and the licensing of standard-essential and non-essential patents for smartphones. Geographically, MOFCOM focused on (...)

The Spanish Competition Authority approves an acquisition of exclusive control subject to remedies in the market of direct sales of petrol (REPSOL / PETROCAT)
European Commission - DG COMP (Brussels)
On 7 April 2014 the National Markets and Competition Commission (“CNMC”) approved the acquisition of exclusive control of Repsol Comercial de Productos Petrolíferos S.A. (REPSOL) over Societat Catalana de Petrolis S.A. (PETROCAT) subject to remedies. PETROCAT is active in both the market of (...)

The French Competition Authority again conditionally clears a merger in the TV-broadcasting sector (Canal Plus / D8 and D17 TV Channels)
French Competition Authority (Paris)
The Autorité de la concurrence again clears, subject to remedies, the acquisition of D8 and D17 by Vivendi and Groupe Canal Plus.* The commitments made by GCP and Vivendi are identical to those made at the time of the 2012 clearance decision with the exception of the one related to the (...)

The Cypriot Commission for the Protection of Competition clears conditionally a joint-venture on the market for printing services for weekly and monthly magazines (Proteas Press / I.G. Cassoulides & Son / Litho Web)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
The Commission for the Protection of Competition decided to clear the concentration of companies Proteas Press Ltd, I.G. Cassoulides & Son Ltd and Litho Web Ltd for a joint venture, by imposing behavioural and structural remedies* On 28/3/2014, the Commission for the Protection of (...)

The Belgian Competition Authority clears a merger in the printed media sector (Editions de l’Avenir et L’Avenir Advertising / Tecteo Services Group)
Simmons & Simmons (Brussels)
Following its clearance of a merger of two Flemish newspaper groups (Corelio/Concentra, decision of 25 October 2013), the Belgian Competition Authority has had to review another proposed concentration in the printed media sector, this time in the French-speaking part of Belgium. The (...)

The Canadian Competition Bureau completes two lengthy merger investigations in the grocery sector where the regulation of pricing conduct with regard to the relation retailer - supplier was a central issue
Davies Ward Phillips & Vineberg (Toronto)
Face-off in the Grocery Aisle: Retailers and Suppliers Go Head-to-Head in Canada* I. INTRODUCTION Perhaps more than ever, tensions between suppliers and retailers have become the defining feature of the grocery industry worldwide. These tensions have also frequently formed the basis for (...)

The South African Government intervenes in favour of allowing the implementation of an acquisition in the agricultural sector (AFGRI / AgriGroupe)
Primerio (Washington)
Worrying trends in South African merger control – Government’s abuse of process continues unabated* Secret deals sideline competition authorities In what can only be described as a significant step backwards in ensuring that the more established of the emerging economies enforce the application (...)

The French Competition Authority conditionally clears an acquisition of sole control on the pay-TV market (Canal Plus Overseas / Mediaserv)
French Competition Authority (Paris)
Subject to a number of commitments, the Autorité de la concurrence has cleared the acquisition of Mediaserv by Canal Plus Overseas, a subsidiary of the Canal Plus Group* The Autorité de la concurrence has cleared, subject to a number of commitments, the exclusive takeover by the Canal Plus (...)

The Polish Competition Authority conditionally clears a merger on the laundry detergents market (Henkel / PZ Cussons)
WKB Wierciński Kwieciński Baehr (Warsaw)
In the decision of 6 February 2014, the President of the Office for Competition and Consumer Protection (hereinafter referred to as the “OCCP President”) gave conditional consent for Henkel to acquire a part of assets of undertakings belonging to the PZ Cussons’s capital group. Henkel, together (...)

The Chinese MOFCOM adopts a conditional clearance of a merger between biotechnology producers (Thermo Fisher / Life Technologies)
Freshfields Bruckhaus Deringer (Beijing)
,
Freshfields Bruckhaus Deringer (Tokyo)
Thermo Fisher and Life Technologies are US-based multi-nationals that are active in biotechnology and life sciences. The transaction was notified on 3 July 2013 and accepted by MOFCOM on 27 August. On 26 September, MOFCOM initiated a Phase II review and with the parties’ consent it extended its (...)

The Chinese MOFCOM conditionally approves an acquisition in the biotechnology sector (Thermo Fisher / Life Technologies)
Fingleton (London)
On Tuesday 14th January 2014 MOFCOM conditionally cleared the acquisition of Life Technologies Corporation (“Life Technologies”) by Thermo Fisher Scientific Inc. (“Thermo Fisher”). The review process took 6 months from initial notification, which is relatively quick for an intervention decision by (...)

The UK Competition Appeal Tribunal quashes the Competition Commission decision regarding maritime transport over the Channel highlighting contradictory analysis of mergers between National Competition Authorities (Eurotunnel / SeaFrance / MyFerryLink)
EM Normandie Business School (Le Havre)
The control of the Channel remains an emphatically strategic subject of prime importance for England: the Eurotunnel ferries might well not be allowed to disembark at Dover in the future! At least that’s what the Competition Commission, the British competition authority (hereinafter referred to (...)

The Canadian Competition Bureau completes two lengthy merger investigations in the grocery sector where the regulation of pricing conduct with regard to the relation retailer - supplier was a central issue
Davies Ward Phillips & Vineberg (Toronto)
Face-off in the Grocery Aisle: Retailers and Suppliers Go Head-to-Head in Canada* I. INTRODUCTION Perhaps more than ever, tensions between suppliers and retailers have become the defining feature of the grocery industry worldwide. These tensions have also frequently formed the basis for (...)

The French Competition Authority clears an acquisition of sole control on the market for public transportation subject to commitments (Transdev & Caisse des Dépôts et Consignations)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the acquisition of sole control of the Transdev group by the Caisse des Dépôts et Consignations subject to the maintenance of the commitments made in 2010*. On 26 April (...)

The Chinese MOFCOM announces its conditional clearance of a merger on the market for LCD TV controller chip (MediaTek / MStar)
King & Wood Mallesons (Beijing)
Another “Hold-Separate” Decision of MOFCOM—MediaTek’s Acquisition of MStar is Cleared with Conditions* On August 27, 2013, MOFCOM announced its conditional clearance on MediaTek Inc’s (“MediaTek”) 4 billion USD acquisition of MStar Semiconductor Inc (“MStar“) (the “Transaction“). This is the second (...)

The Chinese MOFCOM conditionally approves the acquisition of a semiconductor company for display and digital home platforms by a semiconductor company for wireless communications and digital multimedia solutions (MediaTek / MStar)
University of Melbourne
,
China Competition Bulletin (Beijing)
,
Institute of American Studies (Beijing)
On 27 August 2013, MOFCOM announced that it had conditionally approved the acquisition of MStar Semiconductor Inc. (MStar) by MediaTek Inc. (MediaTek). MediaTek is a fabless semiconductor company for wireless communications and digital multimedia solutions, and MStar is a semiconductor (...)

The Portuguese Competition Authority issues clearance decision with remedies in Phase I (Kento Unitel Sonaecom/ZON Optimus)
Sérvulo (Lisbon)
On the August 26, 2013, the Portuguese Competition Authority (“PCA”) issued a Decision of Non-opposition, with remedies, regarding a concentration notified in February 1, 2013 (under every notification criteria under article 37 (1) of the Portuguese Competition Law – Lei n.º 19/2012, of May 8, (...)

The US FTC agrees to require only minor behavioral remedies and no structural remedies regarding a hospital merger (Phoebe Putney Health System)
Jones Day (Washington)
,
Sheppard Mullin (Washington)
This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The U.S. Federal Trade Commission has settled its long running dispute with the Phoebe Putney Health System, Palmyra Park Hospital, and the Hospital Authority of (...)

The EU Commission conditionally clears a merger between two US commercial airlines while the US DOJ sues to block the transaction (US Airways / American Airlines)
Van Bael & Bellis (Brussels)
On 5 August 2013, the European Commission conditionally approved the proposed merger between US Airways Group and AMR Corporation, the parent company of American Airlines. Both US Airways and American Airlines are major US commercial airlines. The Commission examined the competitive (...)

The New York Attorney General settles remedies regarding the merger between two leading online food ordering services in Manhattan (Seamless / GrubHub)
Ashurst (Milan)
NY Attorney General reaches settlement with two leading online food ordering services in Manhattan* On 5 August 2013 NY Attorney General stated that he reached a settlement with Seamless North America, LLC and GrubHub, two leading online food ordering services in Manhattan, in order to address (...)

The French Competition Authority clears, subject to conditions, the merger between two companies manufacturing earthenware construction materials (Bouyer-Leroux / Imerys TC)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears, subject to conditions, the acquisition of Imerys TC assets by Bouyer-Leroux. The commitments made by Bouyer-Leroux enable the removal of all risks to competition in the (...)

The Italian Competition Authority opens a monitoring proceedings for a conditionally cleared concentration in the ferry sector (CIN / Tirrenia)
Giannino SI (Monserrato)
By a decision made on 18 June 2013 the Italian Competition Authority (ICA) has opened a monitoring proceedings under Article 19 of the Competition Act n. 287/1990 against CIN and Moby to verify compliance with the conditional authorization of the CIN/Tirrenia merger in the ferry sector . The (...)

The UK Competition Authority rules that the operators of channel tunnel between Great Britain and France may no longer offer ferry services from Dover (Eurotunnel / SeaFrance / MyFerryLink)
DLA Piper (London)
,
United Kingdom’s Competition Authority (CMA) (London)
The UK Competition Commission (“CC”) has prohibited Eurotunnel from operating ferry services at the port of Dover, following its June 2012 acquisition of three SeaFrance vessels. The decision is notable for two reasons. First, this decision differed from that of the French Competition Authority (...)

The Danish Competition Council approves modification of merger commitments in relation to an acquisition on the market for supply of pure alcohol (Arcus / Pernod Ricard)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council Approves a Modification of Commitment by Arcus-Gruppen Holding AS to Sell the Aquavit Brand ’’Brøndums’’ On September 26 2012 The Danish Competition Council (“DCC”) cleared the acquisition of Pernod Ricard Denmark A/S by Arcus-Gruppen Holding AS (“Arcus”). The DCC’s (...)

The Finnish Market Court conditionally approves a merger in the plumbing and indoor climate systems sector and rejects the Competition Authority’s proposal to block the creation of a joint venture (Uponor / KWH)
Roschier (Helsinki)
On 24 May 2013 the Finnish Market Court handed down its first decision in a case utilising the recently enacted New Competition Act and the so-called SIEC (significant impediment of effective competition) test. The Market Court broke ground on many levels when it rejected the Competition and (...)

The Polish Competition Authority gives conditional consent to a merger in the retail of bottled gas sector (Gaspol / Orlen Gaz)
WKB Wierciński Kwieciński Baehr (Warsaw)
In its decision of 20 May 2013, the President of the Office of Competition and Consumer Protection (the “OCCP President” or the “PCA”) has given her conditional consent for Gaspol to acquire a part of assets of Orlen Gaz. Both undertakings operate on the sales market of bottled gas. Gaspol applied (...)

The President of the Polish Competition Authority clears a merger on the LPG distribution market in Poland and imposes a set of remedies, including behavioural (Gaspol / Orlen Gaz)
Markiewicz & Sroczynski (Cracow)
I. The Facts On 25 July 2012 Gaspol S.A. with its seat in Warsaw (“Gaspol”) notified the President of the Office of Competition and Consumer Protection (“OCCP”) of its intention to acquire the business of bottled liquified petroleum gas (“LPG”) from Orlen Gaz Sp. z o.o. with its seat in Plock (“Orlen (...)

The Chinese MOFCOM requests public comments on draft provisions concerning the evaluation, negotiation, implementation, monitoring, and reconsideration of the remedies used in the conditional approvals issued as a result of the pre-merger review process
Sheppard Mullin (Beijing)
MOFCOM Requests Public Comments on Draft Provisions Related to Remedies Imposed in Conditional Approvals* Since the Anti-monopoly Law (“AML”) has come into effect in August 2008, MOFCOM has issued 16 conditional approvals requiring certain structural or behavioral remedies in order to prevent (...)

The Chinese MOFCOM clears conditionally an acquisition in the grain trading sector (Marubeni / Gavilon)
King & Wood Mallesons (Beijing)
MOFCOM Cleared Marubeni’s Acquisition of Gavilon with Conditions* On April 22, 2013, the Ministry of Commerce (“MOFCOM“) cleared the proposed acquisition of Gavilon Holdings, LLC (“Gavilon“) by Marubeni Corp (“Marubeni“) (the “Transaction”) with conditions. This is the second case conditionally (...)

The Chinese MOFCOM announces conditional clearance for a merger in the sensitive market of agriculture and food products (Marubeni / Gavilon)
Hogan Lovells (Beijing)
Recent Developments in Chinese Merger Control – MOFCOM Shifts up a Gear* The Chinese Ministry of Commerce (“MOFCOM“) has stepped up its merger control activities on many fronts in recent weeks, issuing ground-breaking decisions in the Glencore/Xstrata and Marubeni/Gavilon cases and circulating (...)

The Chinese MOFCOM imposes complex behavioral remedies after identifying potential concerns about the impact on competition in the import of soybeans to China (Marubeni / Gavilon)
Fingleton (London)
On the 23rd April 2013 MOFCOM published its 2nd merger decision of the year. It was a clearance, with conditions, of the merger between Marubeni Corp, a publicly listed company headquartered in Japan, and Gavilon Holdings LLC, a privately held company based in the USA. Process The parties (...)

The Chinese MOFCOM clears conditionally an acquisition imposing both structural and behavioural remedies (Glencore / Xstrata)
King & Wood Mallesons (Beijing)
MOFCOM cleared Glencore’s acquisition of Xstrata with Conditions* On April 16, 2013, the Ministry of Commerce (“MOFCOM“) cleared the proposed acquisition of Xstrata plc (“Xstrata“) by Glencore International plc (“Glencore“) with conditions. Both structural and behavioral remedies are involved in the (...)

The French Competition Authority clears, subject to conditions, a merger in the regional daily press sector (Rossel / Hersant)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears, subject to conditions, the exclusive takeover, by the Rossel group, of companies in the Hersant Média group’s Champagne-Ardenne-Picardie Hub*. The Autorité de la (...)

The Chinese MOFCOM issues two sets of draft rules regarding merger control and makes them subject to public consultation
AnJie Broad Law (Beijing)
MOFCOM Speeds Up the Rule-Making Process* The week before the Chinese Qingming Festival, MOFCOM published two sets of draft rules regarding merger control for public consultation, namely, Provisions on Imposing Restrictive Conditions on Concentration of Undertakings (“Provisions on Imposing (...)

The Competition Commission of Singapore approves proposed alliance between two airlines subject to commitments (Emirates / Qantas Airways)
BHP Billiton (Singapore)
On 28 March 2013, the Competition Commission of Singapore (the “CCS”) issued its Notice of Decision to approve the proposed alliance between Emirates and Qantas Airways Limited (the “Parties”) (the “Proposed Alliance”), subject to voluntary undertakings. In order to alleviate the competition concerns (...)

The Chinese MOFCOM publishes for public comment draft rules regarding the imposition of restrictive conditions on concentrations of undertakings
King & Wood Mallesons (Beijing)
Path towards A More Streamlined Merger Control System – MOFCOM Publishes Draft Rules on Merger Remedies* To increase clarity and transparency on the merger remedy regime under the Anti-Monopoly Law (“AML“), China’s Ministry of Commerce (“MOFCOM“) published the draft Rules Regarding Imposition of (...)

The Spanish Competition Authority approves an acquisition subject to remedies regarding crossed-minority stakes in competitors (CaixaBank / Banco de Valencia)
Cuatrecasas (Madrid)
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Cuatrecasas (Madrid)
On December 14, 2012, CaixaBank S.A. (“CaixaBank”) notified the National Competition Commission (“CNC”) of the acquisition of sole control of Banco de Valencia, S.A. (“Banco de Valencia”). The transaction involved two credit entities active mainly in the retail bank market in Spain. On February 28, (...)

The Competition Authority of the Republic of Serbia approves subject to conditions a merger between the two largest sugar producers in the country (Sunoko / Hellenic Sugar Industry)
Fresenius Medical Care
On 13 February 2013, the Commission for the Protection of Competition of the Republic of Serbia (the "Competition Authority") approved, under conditions related to the fulfilment of certain structural and behavioural measures, a merger between Sunoko d.o.o. Novi Sad, a company with its (...)

The Chinese MOFCOM conditionally clears an off-shore joint-venture involving European computer technology groups (ARM / Giesecke & Devrient / Gemalto)
Fingleton (London)
On the 6th December 2012 MOFCOM published its 6th and last merger decision of the year - a clearance, with conditions, of the Trustonic joint venture between ARM, Giesecke & Devrient (G&D), and Gemalto. Process The parties submitted their initial notification on 4th May 2012. MOFCOM (...)

The Chinese MOFCOM clears conditionally an international joint venture in the IT sector (ARM / Giesecke & Devrient / Gemalto)
King & Wood Mallesons (Beijing)
MOFCOM cleared Joint Venture between ARM, Giesecke & Devrient and Gemalto with Conditions* On December 6th, 2012, the Ministry of Commerce (“MOFCOM“) cleared the proposed establishment of a joint venture (“JV“) by ARM Holdings plc (“ARM“), a UK semiconductor intellectual property (“IP“) (...)

The US DoJ imposes a divestiture and holds a separate order before approving an acquisition in the market for electric power (Exelon / Constellation)
Cleary Gottlieb Steen & Hamilton (Brussels)
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Cleary Gottlieb Steen & Hamilton (Washington)
Introduction Early in his Second Inaugural Address, President Obama declared: “Together, we discovered that a free market only thrives when there are rules to ensure competition and fair play”. With this statement, President Obama became just the sixth president to make reference to the (...)

The US FTC requires FRAND commitments as part of merger settlement in the industry of automotive diagnostics (SPX / Bosch)
Jenner & Block (Washington)
,
Dechert (Washington)
FTC Requires FRAND Commitments as Part of Merger Settlement with Broad Implications* On November 26, 2012, the FTC and Robert Bosch GmbH entered into a Consent Agreement that resolved the FTC’s inquiry into Bosch’s $1 billion acquisition of SPX Services. As part of the Consent Agreement the FTC (...)

The Serbian Competition Authority clears a retail merger in a phase II procedure with the imposition of behavioural remedies (Stampa Sistem / Futura Plus)
University of Macau - Faculty of Law (Macau)
On 22 November 2012 the Serbian Competition Authority (KZK) has cleared in a Phase II procedure a concentration in the market for retail trade in kiosks of cigarettes and other tobacco products, newspapers and prepaid cards of mobile phone operators. The specified concentration was cleared with (...)

The French Competition Authority clears a merger in the maritime transport sector subject to conditions (Eurotunnel / SeaFrance / MyFerryLink)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears, subject to conditions, the acquisition of certain SeaFrance assets by the Eurotunnel group* The Autorité de la concurrence has just cleared, subject to certain (...)

The Dutch Competition Authority approves under strict conditions the acquisition of the travel information activities of railway operator (ProRail / NS Reizigers)
VVGB (Brussels)
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VVGB (Brussels)
On the 3rd of October 2012, the Dutch Competition Authority approved under strict conditions the acquisition of the travel information activities ProRail B.V. by NS Reizigers B.V. I. The Parties The Dutch undertaking NS Reizigers B.V., which is a subsidiary of the NS Groep N.V., 100% owned by (...)

The Dutch Competition Authority authorizes the establishment of a concentration under certain conditions in the production and sale of frozen and fresh snacks (Buitenfood / Ad van Geloven)
VVGB (Brussels)
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VVGB (Brussels)
I. The Parties The Dutch undertaking Buitenfood The Dutch undertaking Ad van Geloven The Dutch undertaking NPM Capital N.V. The Dutch undertaking SHV Holding N.V. The English undertaking Lion Capital LLP, part of the Lion Capital Group II. Facts The decision of the Dutch Competition Authority (...)

The French Competition Authority clears a merger in the public transport sector, subject to the maintenance of commitments previously made (SNCF / Keolis)
French Competition Authority (Paris)
The Autorité de la concurrence clears the acquisition of sole control of Keolis by SNCF, subject to the maintenance of the commitments made in 2010* On 23 July 2012, the European Commission referred the acquisition of sole control of the Keolis group by SNCF to the Autorité de la concurrence . (...)

The Belgian Competition Council conditionally clears acquisition of a provider of ground handling services by a rival (Flightcare / Swissport Handling)
Van Bael & Bellis (Brussels)
On 31 August 2012, the Belgian Competition Council conditionally cleared the acquisition of Flightcare by Swissport Handling. The parties are rival providers of ground handling services at Brussels airport. Flightcare is one of two companies licensed by the Brussels Airport Company to (...)

The Belgian Competition Council conditionally clears acquisition of a provider of ground handling services by a rival (Flightcare / Swissport Handling)
Van Bael & Bellis (Brussels)
On 31 August 2012, the Belgian Competition Council conditionally cleared the acquisition of Flightcare by Swissport Handling. The parties are rival providers of ground handling services at Brussels airport. Flightcare is one of two companies licensed by the Brussels Airport Company to (...)

The US FTC seeks divestiture and conduct remedies before approving an acquisition in the highly concentrated market of commercial real estate information (CoStar / Loopnet)
Venable (New York)
,
Venable (Washington)
,
Venable (Washington)
After a year of scrutiny, the Federal Trade Commission (FTC) resolved its competitive concerns over the merger of two firms that provide commercial real estate (CRE) listings and other data. In April 2011, CoStar Group, Inc. announced plans to acquire LoopNet, Inc. for approximately $860 (...)

The Chinese MOFCOM enforces telecom regulations in a merger review (Wal-Mart / Yihaodian)
Ingram Yuzek Gainen Carroll & Bertolotti (New York)
The notification for the Wal-Mart/Yihaodian transaction was submitted to China’s Ministry of Commerce on 16 December 2011. It was ultimately accepted on 16 February 2012 by MOFCOM after supplementation. At the expiration of the Phase III, or extended Phase II, period, on 13 August 2012, MOFCOM (...)

The Italian Competition Authority exerts its jurisdiction on a concentration between two firms owned by the State and conditionally clears it (CDP / Snam)
Giannino SI (Monserrato)
The Italian Competition Authority asserts its jurisdiction on a concentration between two firms owned by the State and conditionally clears it (CDP/Snam) By a decision made on 8 August 2008, the Italian Competition Authority has conditionally cleared the Cassa Depositi e Prestiti (CDP) (...)

The French Competition Authority clears, subject to conditions, a merger in the television sector (Canal Plus / Direct 8)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the acquisition of Direct 8 and Direct Star by Vivendi and Groupe Canal Plus, subject to conditions* On 23 July 2012, the Autorité de la concurrence cleared the (...)

The French Competition Authority fines meat processing company € 1 M for breaching a commitment imposed by conditional clearance of its acquisition of a company (Bigard / Socopa)
Van Bael & Bellis (Brussels)
On 9 July 2012, the French Competition Authority fined meat processing company Bigard Group € 1 million for breaching a commitment imposed in the Authority’s 2009 conditional clearance decision of Bigard Group’s acquisition of Socopa Viandes. The decision had cleared the transaction subject (...)

The EU Commission clears a merger between two Austrian mobile networks operators subject to remedies (Hutchison 3G / Orange Austria)
Keystone Strategy (London)
The long-standing discussion about how competition in telecom markets should be best managed (that is, through a mix of traditional regulatory mechanisms – like access price regulation – and ex-post competition policy) has recently drawn new life from the debate about the need to provide the (...)

The Italian Competition Authority clears a merger between two major ferry companies by imposing a set of behavioural remedies (Compagnia Italiana di Navigazione / Tirrenia)
Giannino SI (Monserrato)
Introduction By a decision made on 21 June 2012 the Italian Competition Authority (ICA) has cleared the acquisition of the ferry service branch of the debt-stricken publicly owned ferry operator Tirrenia by Compagnia Italiana di Navigazione (CIN). The go-ahead for the transaction was made (...)

The Italian Competition Authority authorizes with conditions the acquisition of certain assets of a shipping company by a company jointly controlled by a private equity firm and by another shipping company (Compagnia Italiana di Navigazione / Ramo di Azienda di Tirrenia di Navigazione)
Legance - Studio Legale (Rome)
1. The sale process of Tirrenia and the proceeding before the European Commission The present concentration concerns the sale of the main assets of the shipping company Tirrenia, previously controlled by the Italian State. Due to the economic and financial difficulties suffered by Tirrenia, on (...)

The Italian Competition Authority grants conditional clearance to the acquisition of control of its rival by an insurer (Unipol of Premafin / Fondiaria)
Alcon (Milan)
The notified transaction On 24 February 2012, Unipol Gruppo Finanaziario S.p.A. (hereinafter also "UGF"), a top player on the Italian insurance market, notified to the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, "AGCM") a transaction, called by the parties (...)

The Chinese MOFCOM imposes conditions on a transaction in the smartphone sector (Google / Motorola Mobility)
Ingram Yuzek Gainen Carroll & Bertolotti (New York)
The notification for Google‘s acquisition of Motorola Mobility was submitted to China’s Ministry of Commerce on 30 September 2011. It was ultimately accepted on 21 November 2011 by MOFCOM after supplementation. At the expiration of the Phase III, or extended Phase II, period, on 19 May 2012, (...)

The Chinese MOFCOM approves an acquisition subject to conditions in the IT industry (Google / Motorola Mobility)
Jones Day (Shanghai)
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Gibson Dunn (Hong Kong)
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Jones Day (Beijing)
On 19 May 2012, the PRC Ministry of Commerce ("MOFCOM") approved the acquisition by Google Inc. of Motorola Mobility, Inc. under the Chinese Anti-Monopoly Law ("AML"), but imposed conditions to require that Google continue to license the Android operating system and the patents acquired from (...)

The Chinese MOFCOM conditionally clears an acquisition in the smartphone and smartphone operating system sectors (Google / Motorola Mobility)
Institute of American Studies (Beijing)
China’s Ministry of Commerce Conditionally Clears the Google/Motorola Mobility Deal* On 19 May 2012, China’s Ministry of Commerce (‘MOFCOM’) announced its conditional clearance decision on the acquisition of Motorola Mobility by Google, which removed the last hurdle for the USD12.5 billion (...)

The Latvian Competition Council conditionally approves a merger on the market for TV broadcasting (MTG & Latvijas Neatkarīgā)
Latvian Competition Council (Riga)
Binding Obligations set to Merger of Broadcasting Companies* On 11 May 2012 the Competition Council (CC) adopted a decision to approve proposed merger of MTG Broadcasting AB (MTG) and AS Latvijas Neatkarīgā Televīzija – owners of the two leading private TV channels with Latvian language content (...)

The French Competition Authority clears a merger in the food retail sector in Martinique (Parfait / Lancry)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears, subject to commitments, the acquisition in Martinique of two hypermarkets by the Parfait group*. The Autorité de la concurrence has issued a decision clearing, subject (...)

The Latvian Competition Council approves conditionally proposed merger of dairies (Thyrenos)
Latvian Competition Council (Riga)
Binding Obligations set to Merger of Dairy Companies* On 28 April 2012 the Competition Council (CC) adopted a decision to approve proposed merger of dairies AS Rīgas piena kombināts and AS Valmieras piens. Thus, Thyrenos Holdings Ltd. that exercises indirect control over AS Rīgas piena kombināts (...)

The French Competition Authority clears a merger between two agricultural cooperatives (Champagne Céréales / Nouricia)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears - subject to commitments - the merger of the agricultural cooperative groups Champagne Céréales and Nouricia* Yesterday the Autorité de la concurrence issued a decision by (...)

The South African Competition Appeal Court upholds the Competition Tribunal’s conditional clearance of a retail market acquisition (Walmart / Massmart)
Meta (Washington DC)
On 9 March 2012, the South African Competition Appeal Court upheld the Competition Tribunal’s decision to clear the Walmart/Massmart merger conditioned to several obligations that consider public interest needs. The South African Court concluded, after several months of dispute and business (...)

The Chinese MOFCOM clears acquisition in the hard disk drive business (Western Digital / Hitachi)
McDermott Will & Emery (Brussels)
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Dentons (Shanghai)
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McDermott Will & Emery (Shanghai)
Recently China’s Ministry of Commerce (MOFCOM) approved Western Digital’s proposed acquisition of Hitachi’s hard disk drive business on a conditional basis. Containing the most comprehensive clearance conditions ever imposed by MOFCOM, this decision mirrors previous guidance issued by the (...)

The Chinese MOFCOM clears an acquisition in the desktop hard drive disks market but imposes both structural and behavioral remedies (Western Digital / Hitachi)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Hong Kong)
This article has been nominated for the 2013 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Companies contemplating global mergers,acquisitions and joint ventures should be aware that the Ministry of Commerce (MOFCOM), China’s antitrust agency tasked (...)

The Chinese MOFCOM conditionally clears the establishment of a joint venture in the market for cyanoacrylate monomer (Henkel / Tiande)
University of Melbourne
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China Competition Bulletin (Beijing)
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Institute of American Studies (Beijing)
On 10 February 2012, MOFCOM announced that it had conditionally approved the establishment of a joint venture between Tiande Chemical Holdings Co., Ltd. (Tiande) and Henkel Hong Kong Holding Ltd (Henkel), a subsidiary of Henkel KGaA. The joint venture will be set up for the production of (...)

The French Competition Authority clears, subject to conditions, a merger in the electricity and gas supply markets (Electricité de Strasbourg / Enerest)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears – subject to conditions – the acquisition of Enerest by Electricité de Strasbourg (EDF Group)*. Electricité de Strasbourg, a company owned 88.82% by EDF, is a local (...)

The EU Commission blocks a merger due to its potential effect on EU financial derivatives traded on the stock exchange (NYSE Euronext / Deutsche Börse)
Mayer Brown (Paris)
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Greenberg Traurig (London)
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Noerr (Brussels)
On 1st February 2012, the European Commission adopted its decision prohibiting the USD 10.2 billion merger between Deutsche Börse (DB) and NYSE Euronext (NYSE). The decision is notable not the least because it is rare for the Commission to block a merger. Only 21 have been blocked compared (...)

The Spanish Competition Authority clears, subject to commitments, merger in the credit card terminal sector (Verifone / Hypercom)
Callol, Coca & Asociados (Madrid)
This is an interesting case and we are reporting it based on the publicly available (press) information. The merger Decision on the case is not public. Verifone Systems, Inc is a global leader in secure electronic payment solutions, and Hypercom Corporation, a high security electronic payment (...)

The Italian Competition Authority imposes far-reaching undertakings on the merging parties as a condition for the clearance of the acquisition of control over the largest independent operator in the infrastructure sector for TV, radio and telecommunications networks (Digital Multimedia Technologies / Elettronica Industriale)
Gatti Pavesi Bianchi Ludovici (Milan)
On December 14th, 2011, the Autorità Garante della Concorrenza e del Mercato ("IAA") imposed far-reaching undertakings on the merging parties as a condition for the clearance of the acquisition of control over Digital Multimedia Technologies ("DMT"), the largest independent Italian operator in (...)

The French competition authority clears, subject to conditions, the acquisition of one of its main competitors by a major French spirits manufacturer after in-depth investigation (Compagnie Financière de Prise de Participations / Quartier Français Spiritueux)
Herbert Smith Freehills (Paris)
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Hewlett Packard (Geneva)
In case no. 11-DCC-187 the French competition authority (FCA) examined the acquisition by COFEPP, a major French spirits manufacturer, of Quartier Français Spiritueux (QFS), one of its main competitors in the area. The transaction was cleared subject to conditions on 13 December 2011, the (...)

The Chinese MOFCOM conditionally approves a merger between two leading hard drive disks manufacturers (Seagate / Samsung)
Jones Day (Shanghai)
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Gibson Dunn (Hong Kong)
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Jones Day (Beijing)
China’s Ministry of Commerce (MOFCOM) has approved Seagate’s acquisition of the hard drive disk division of Samsung Electronics ("Samsung HDD") under China’s Anti-Monopoly Law ("AML"), but imposed conditions to ensure that Samsung, although controlled by Seagate, remains an independent competitor. (...)

The Chinese MOFCOM conditionally approves the acquisition of the HDD business of a South Korean electronics company by a US competitor (Seagate / Samsung)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Hong Kong)
Companies contemplating global mergers,acquisitions and joint ventures should be aware that the Ministry of Commerce (MOFCOM), China’s antitrust agency tasked with merger control, is increasingly imposing competition remedies exceeding those required by the European Commission, U.S. Federal (...)

The Turkish Competition Authority conditionally clears the merger of the two largest cinema chains subject to divesture of twelve cinemas and notification of ticket prices (AFM / Mars)
Ankara Hacı Bayram Veli University (Ankara)
This study analyses the decision of the Turkish Competition Authority (TCA) in which it has cleared the merger of the two largest cinema chains in Turkey in Phase II conditional upon the divesture of twelve cinemas and notification of average ticket prices for a period of five years, which were (...)

The Chinese MOFCOM publishes a conditional approval of a transaction in the coal sector under Anti-Monopoly Law (Shenhua)
Jones Day (Shanghai)
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Gibson Dunn (Hong Kong)
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Jones Day (Beijing)
The Chinese Ministry of Commerce ("MOFCOM") has published a conditional approval of proposed transaction under China’s Anti-Monopoly Law ("AML"). This decision reflects China’s view of the broad reach of the AML’s merger provisions and the lengthy procedure that merging parties can expect. (...)

The Chinese MOFCOM conditionally clears a joint venture involving a Chinese State-owned company in order to license coal-water slurry gasification technology (GE / Shenhua)
King & Wood Mallesons (Beijing)
MOFCOM Imposed Conditions on SOEs - GE/Shenhua Deal* Only 10 days after its conditional clearance of the Alpha V/Savio deal, the Ministry of Commerce (MOFCOM) published, on 10 November 2011, the third conditional merger clearance of this year approving the proposed joint venture between (...)

The Chinese MOFCOM conditionally clears a merger between undertakings in the market of textile machinery (Penelope / Savio Macchine Tessili)
Kingson Law Firm
On 14 July 2011, Penelope Srl (“Penelope”) notifies the Chinese Ministry of Commerce (“MOFCOM”) on acquiring control of Spa Savio Macchine Tessili (“Savio”). After preliminary scrutiny, the MOFCOM considers the acquisition was likely to eliminate or restrict competition in the market of electronic (...)

The Chinese MOFCOM conditionally clears the acquisition in electronic yarn clearers for automatic winders (Penelope / Savio Macchine Tessili)
King & Wood Mallesons (Beijing)
MOFCOM’s 8th Conditional Clearance - Alpha V/Savio Deal* On 31 October 2011, the Ministry of Commerce (MOFCOM) publicly announced the eighth conditional merger clearance since the enactment of the Anti-monopoly Law (AML) in 2008. According to its announcement , MOFCOM cleared the proposed (...)

The French Competition Authority clears a merger in the food-processing sector (Agrial / Elle-et-Vire)
French Competition Authority (Paris)
The Autorité de la concurrence clears the takeover of the cooperative Elle-et-Vire*. By the cooperative group Agrial subject to conditions Agrial bought out the cider-making business of Elle-et-Vire on 30 June 2009. At the time, this acquisition had not been submitted for merger control because (...)

The US District Court for the District of Columbia demands behavioral remedies from two strong competitors in related markets before approving a vertical merger that will allow the combined company to enter the online travel search market (Google / ITA)
Crowell & Moring (Washington)
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Crowell & Moring (Washington)
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United Airlines (Chicago)
U.S. antitrust agencies, in a flurry of recent actions, have reinvigorated vertical merger enforcement, claiming competitive harm from what, in the past, would potentially have been viewed as efficiency-enhancing vertical integration. The Department of Justice (“DOJ”), in particular, has (...)

The US District Court for the District of Columbia requires conduct remedies before allowing a vertical merger between a popular generic online search engine and a widely-used flight information services provider (Google / ITA)
Secretariat Economists (San Francisco)
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Secretariat Economists (Washington)
On July 1, 2010, Google Inc. (“Google”) and ITA Software, Inc. (“ITA”) announced an agreement for Google to acquire ITA for $700 million. On April 8, 2011, the Department of Justice (“DOJ”) announced that it would allow the proposed acquisition subject to certain conditions. DOJ filed a complaint (...)

The US District Court for the District of Columbia requires conduct remedies before allowing a vertical merger between a generic online search engine and a widely-used flight information service provider to go forward (Google / ITA)
Robins Kaplan (Minneapolis)
According to conventional wisdom, the Department of Justice and the Federal Trade Commission prefer structural merger remedies like divestiture over remedies that require ongoing monitoring of post-merger conduct. Structural remedies offer comparative ease of implementation and require (...)

The Spanish Competition Commission approves with commitments the concentration of the two main operators in transformation and wholesale rice (EBRO / DEOLEO)
Callol, Coca & Asociados (Madrid)
The merger consisting of the acquisition by EBRO FOODS, S.A. (EBRO) of DEOLEO, S.A. (DEOLEO) – formerly SOS COPRPORACION ALIMENTARIA, S.A. (SOS) - rice business assets leads to the concentration of the two main operators in transformation and wholesale rice, for its commercialization with (...)

The French Competition Authority clears, subject to commitments, a merger in the retail grocery sector in Martinique (Bernard Hayot / Cora)
French Competition Authority (Paris)
The Autorité de la concurrence clears, subject to commitments, the acquisition of a Cora hypermarket by Groupe Bernard Hayot on Martinique (French West Indies)*. The Autorité de la concurrence is today publishing a decision clearing, subject to commitments, the acquisition by Groupe Bernard (...)

The US District Court for the District of Columbia seeks behavioral remedies before approving a joint-venture to prevent exclusionary conduct in the online video distribution and video programming markets (Comcast / NBC Universal)
American University’s Washington College of Law (Washington)
The Federal Communication Commission’s recent decision to allow the transaction between Comcast and General Electric’s NBC Universal (NBCU) affiliate to proceed subject to conditions helped to fill a gap in the contemporary treatment of vertical mergers. The existence of this gap was (...)

The US District Court for the District of Columbia conditionally approves a joint-venture under behavioral remedies in the online video distribution and video programming industries (Comcast / NBC Universal)
Crowell & Moring (Washington)
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Crowell & Moring (Washington)
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United Airlines (Chicago)
U.S. antitrust agencies, in a flurry of recent actions, have reinvigorated vertical merger enforcement, claiming competitive harm from what, in the past, would potentially have been viewed as efficiency-enhancing vertical integration. The Department of Justice (“DOJ”), in particular, has (...)

The Italian Competition Authority conditionally clears an acquisition in the ferry transportation sector by imposing slot remedies (Moby / Toremar)
Giannino SI (Monserrato)
Introduction The Italian Competition Authority (ICA) has conditionally cleared the Moby acquisition of a regional ferry operator, Toremar. Though the notified merger was likely to give Moby a monopoly position on the market for ferry services on the Piombino-Portoferraio ruote, the ICA has (...)

The Dutch Competition Authority conditionally clears a merger in the telecom sector (BelCompany / Vodafone)
Van Bael & Bellis (Brussels)
On 18 July 2011, the Dutch Competition Authority cleared the acquisition by telecom operator Vodafone of BelCompany, a chain of telecom shops, subject to conditions relating to the sale of phone subscriptions. The Competition Authority held that the transaction, as initially notified, created a (...)

The Italian Competition Authority closes an infringement procedure on whether remedies imposed on a banking merger were implemented properly (Banca Intesa / San Paolo IMI)
Giannino SI (Monserrato)
By a recent decision, the Italian Competition Authority (ICA) has closed the infringement procedure on whether the parties to the bank merger Banca Intesa/San Paolo IMI had correctly implemented the remedies imposed in the conditional authorization of the transaction. The ICA was happy with the (...)

The French Competition Authority clears, subject to conditions, a merger in the regional daily press sector (Crédit Mutuel / Est Républicain)
French Competition Authority (Paris)
The Autorité de la concurrence clears, subject to conditions, the proposed acquisition of sole control of the Est Républicain Group by the Crédit Mutuel*. The Autorité de la concurrence has examined the acquisition of the Est Républicain group by the Banque Fédérative du Crédit Mutuel (BFCM) . (...)

The Romanian Competition Authority clears a healthcare merger subject to structural divestitures and behavioural commitments (Fresenius / Renamed)
University of Macau - Faculty of Law (Macau)
On 20 June 2011 the Romanian Competition Authority (CC) has cleared a healthcare merger subject to certain structural divestitures and behavioural commitments. The subject concentration was notified by SC Fresenius Nephrocare Romania SRL (Fresenius), which set out to acquire sole control over (...)

The French Competition Authority clears, subject to conditions, a merger on the retail sale of household appliances and consumer electronics sector (HTM / Saturn)
French Competition Authority (Paris)
The Autorité de la concurrence clears, subject to conditions, the acquisition of French Saturn stores’ sole control by HTM (Boulanger stores)*. The Autorité de la concurrence has investigated the takeover by High Tech Multicanal Group (hereafter HTM) of Media Concorde SNC. Both companies are (...)

The Chinese MOFCOM conditionally clears merger between two Russian companies in the Chinese potash market (Uralkali / Silvinit)
University of Melbourne
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China Competition Bulletin (Beijing)
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Institute of American Studies (Beijing)
MOFCOM Conditionally Approves the Acquisition of Silvinit by Uralkali* On 2 June 2011, the MOFCOM conditionally approved Uralkali’s proposed US$1.4 billion acquisition of Silvinit, both of which are Russian potash companies. The MOFCOM imposed a set of behavioural remedies. The MOFCOM accepted (...)

The Chinese MOFCOM conditionally approves merger between two Russian undertakings in the Chinese potash industry (Uralkali / Silvinit)
Linklaters (Beijing)
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Linklaters (Shanghai)
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Euclid Law (London)
On 2 June 2011, under two months into Phase 2, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) publicly announced its decision approving the merger of Uralkali with Silvinit, leading to the creation of the world’s second largest potassium chloride supplier, subject to several (...)

The Chinese MOFCOM conditionally clears in phase II a merger between two Russian companies in the Chinese potash market (Urakali / Silvinit)
King & Wood Mallesons (Beijing)
The Russian Potash Deal - first conditional clearance of 2011* On June 2, 2011, Ministry of Commerce (MOFCOM) publicly announced the first conditional merger clearance in 2011. At its [2011] No. 33 Announcement, MOFCOM cleared Uralkali’s proposed acquisition of Silvinit (the Parties) (both (...)

The Chinese MOFCOM approves merger between potash producers but requires they continue to supply the Chinese market (Uralkali / Silvinit)
Jones Day (Shanghai)
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Gibson Dunn (Hong Kong)
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Jones Day (Beijing)
On June 2, 2011, the Chinese Ministry of Commerce (MOFCOM) announced conditional approval of the merger between Russian potash producers Silvinit and Uralkali. Since the PRC Anti-Monopoly Law ("AML") entered into force in 2008, MOFCOM has published only eight decisions, as it makes public only (...)

The Chinese MOFCOM clears with behavioral remedies a merger between Russian companies in the Chinese potash market (Uralkali / Silvinit)
CIETAC
I. Context and key facts of the case China is one of the world’s largest users of potash, which is used as fertilizer to grow grains. In 2010, China consumed 10M tons of potash, 28 per cent of the 36M tons produced globally. Its potassium-poor soils are vital to supply China’s growing demand for (...)

The Cyprus Competition Authority accepts a proposed concentration in the market of supply of airport passenger (Swissport Cyprus and Handling)
Elias Neocleous (Limassol)
Factual Background The Cyprus Commission for the Protection of Competition (CPC) has recently issued its decision regarding the notification of a proposed concentration between Swissport Cyprus Limited and LGS Handling Limited for the creation of a joint venture S & L Airport Services (...)

The EU Commission clears a joint venture in the pharmaceutical sector after examining possible coordination between Chinese State-owned companies (Sinochem / DSM)
Van Bael & Bellis (Brussels)
In a decision of 19 May 2011, the European Commission unconditionally cleared the creation of a joint venture between Dutch pharmaceutical company DSM and Chinese State-owned conglomerate Sinochem. The joint venture will be active primarily in antibiotics and other anti-infective products. In (...)

The US DoJ clears an acquisition subject to conditions in the IT industry (Google / ITA)
Jones Day (Houston)
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Jones Day (Washington)
The U.S. Department of Justice has announced that, to allow Google’s proposed acquisition of ITA Software, DOJ and the parties have agreed to a set of requirements that will govern Google’s future operation of the ITA business. This action is notable as another challenge to a vertical merger and (...)

The Spanish Competition Authority clears second-phase merger in the payment processing sector subject to commitments (REDSYS / REDY)
Callol, Coca & Asociados (Madrid)
The merger of Redsys Servicios de Procesamiento (RESDYS) and Redes y Procesos (REDY), two payment processing companies was notified to the NCC on 16 August 2010. The NCC decided on October 2010 to open phase 2 proceedings because it took the view that the operation could hinder the (...)

The US DoJ requires minor conduct remedies before approving a vertical merger affecting the market for petroleum needle coke (GrafTech / Seadrift)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (New York)
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McDermott Will & Emery (Washington)
McDermott Will & Emery lawyers succeeded in obtaining the necessary antitrust approval for clients Seadrift Coke L.P. (Seadrift), the world’s second largest petroleum-based needle coke producer, and C/G Electrodes LLC (C/G), a U.S.-based graphite electrode producer, which have been acquired (...)

The Italian Competition Authority conditionally clears a banking merger leading to a collective dominant position by imposing a set of structural and behavioural remedies (Intesa San Paolo / Banca Monte Parma)
Giannino SI (Monserrato)
The Italian Competition Authority (ICA) has conditionally authorized the Intesa San Paolo (ISP) acquisition of Banca Monte Parma (BMPR)by a second phase investigation decision . The ICA imposed a set of remedies to fix the competition concerns arising from a dominant position between ISP and (...)

The French Competition Authority clears, subject to conditions, a merger on the district heating networks sector (GDF Suez / Ne Varietur)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the proposed acquisition of the Ne Varietur Group’s sole control by GDF Suez, subject to conditions*. The Autorité de la concurrence has investigated the takeover by GDF (...)

The Hellenic Competition Commission conditionally clears a merger in the dairy sector (Vivartia / Mevgal)
Fieldfisher (London)
On the 14th February 2011 the Hellenic Competition Commission («Ελληνική Επιτροπή Ανταγωνισμού») (hereafter the «HCC») gave the green light for the acquisition of Mevgal by Vivartia (the «Parties») imposing certain remedies. In particular, the concentration involved the acquisition of a 57.8% share of Mevgal, through (...)

The EU Commission approves a merger between two US software companies subject to a set of commitments ensuring fair competition in the sector of computer security (Intel / McAfee)
Ministry for the Economy and Finance (Paris)
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European External Action Service
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Danish Competition and Consumer Authority (Copenhagen)
Intel/McAfee* Introduction On 26 January 2011 the European Commission approved the proposed acquisition of McAfee by Intel, both of the US. The approval is conditional upon a set of commitments ensuring fair competition in the sector of computer security. Computer security is a growing (...)

The EU Commission conditionally approves the proposed acquisition of an IT security company by the world-leading CPU manufacturer (Intel / McAfee)
JG Associates (Brussels)
Merger: main developments between 1 January and 30 April 2011* Also on 26 January 2011, the European Commission approved the proposed acquisition of McAfee, a vendor of information technology security, by Intel, both of the US. The approval is conditional on a set of commitments ensuring fair (...)

The US Federal Communications Commission conditionally approves a joint venture in the telecommunications sector subject to remedies resolving antitrust concerns (Comcast / NBC Universal)
Wolters Kluwer (Riverwoods)
Comcast/NBC Universal Joint Venture Receives Regulatory Approval* The Department of Justice Antitrust Division and the Federal Communications Commission today conditionally approved a joint venture between Comcast Corp. and General Electric Co.’s subsidiary NBC Universal Inc. The joint (...)