Behavioural remedies

Mergers

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 Ankara 9th Administrative Court orders a stay of execution on a port acquisition after Competition Board’s conditional clearance with behavioural remedies (Kumport)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 UK Competition and Markets 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 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 EU Commission sends statement of objections to a company for alleged infringement of merger commitments (Telefónica Deutschland)
Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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Gomez Acebo & Pombo (Brussels)
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 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 that ended competition issues 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 behavioural remedies (Staples / Essendant)
McDermott Will & Emery (Washington)
THE LATEST: FTC Allows Problematic Vertical Merger to Proceed with a Behavioral 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 conditionally to behavioural 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 remedies in the market for outsourced internal logistics services (Suomen Transval Group / Posti Group)
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 Italian Competition Authority conditionally clears a merger in the optical sector (Luxottica / Barberini)
Desogus Law Office (Cagliari)
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)
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 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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McDermott Will & Emery (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)
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)
Nortons (Sandton)
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 AG / 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 U.S. District Court 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)
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 Department of Justice’s challenge of AT&T Inc.’s acquisition of Time Warner Inc. The case represents the first opinion in four decades (...)

The U.S. District Court of Columbia rejects the Government’s challenge to a vertical merger between an entertainment company and a distribution company (AT&T / Time Warner)
Jones Day (Washington DC)
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Jones Day (Washington DC)
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Jones Day (Houston)
Court Rejects DOJ Antitrust Challenge to AT&T/Time Warner* After eighteen months of investigation and litigation, a federal district court has rejected the Justice Department’s challenge to AT&T’s $108 billion acquisition of Time Warner Inc. Although the government could appeal, the (...)

The US FTC conditionnaly approves a vertical merger in the defense industry to behavioural 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 (Ziggo / Liberty Global)
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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McDermott Will & Emery (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 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 obtains 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 (...)

The EU Commission clears a merger, subject to remedies, in the seeds, pesticides and digital agriculture sector (Bayer / Monsanto)
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)
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 South African Competition Commission 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 EU Commission clears a merger subject to remedies in the markets for passenger air travel (Lufthansa / Air Berlin)
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 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 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 (Elsan / MPP)
Total (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 the acquisition of a pharmaceutical company by a global conglomerate subject to commitment that clinical development of innovative insomnia drugs will not be adversely affected by the merger (Johnson & Johnson / Actelion)
DG COMP (Brussels)
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Spanish Ministry of Economy, Industry and Competitiveness (Madrid)
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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, on the market of semiconductor devices (Brocade / Broadcom)
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 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 UK Competition Authority clears a merger subject to remedies on the market of payment systems (MasterCard / VocaLink)
British 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 Europe’s two largest stock exchange operators, 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)
King’s College (London)
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DG COMP (Brussels)
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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 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 US FTC publishes its merger remedies report and signals tougher enforcement
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Jones Day (Houston)
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Jones Day (Washington DC)
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 US FTC issues its second report on merger remedies
Baker McKenzie (Chicago)
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Baker McKenzie (Washington D.C.)
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 Chinese MOFCOM conditionnaly 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 Polish Competition Office 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 French Competition Authority clears a merger, subject to remedies, on the slaughtering and meat processing market (Sicavyl / Sicarev)
French Competition Authority (Paris)
The Autorité de la concurrence clears the merger between Sicavyl 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 EU Commission clears a merger subject to remedies on the professional social networks market (Microsoft / LinkedIn)
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 company 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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DG COMP (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 clears a merger, subject to remedies, on the container liner shipping market (Hapag-Lloyd / UASC)
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 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 EU Commission clears a merger, subject to remedies, on the markets for satellites and launch services (Arianespace / ASL)
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 EU Commission conditionally clears an acquisition in 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 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 Authority (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 behavioural 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 (New York)
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 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)
DG COMP (Brussels)
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DG COMP (Brussels)
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DG COMP (Brussels)
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’s / 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)
British 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 Italian Competition Authority conditionally clears a merger between two major ferry operators (Onorato Partcipazioni-Newco / Moby-Compagnia Italiana di Navigazione)
Desogus Law Office (Cagliari)
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, 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 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 power transistors market (NXP / Freescale)
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)
Desogus Law Office (Cagliari)
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 approves a joint venture for cross-border licensing of online music between three music collecting societies (PRSfM / STIM / GEMA)
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 organisations (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 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 Fair Trade Commission clears, subject to remedies, a merger in the market of manufacture and retail of paper and pulp products (Chuetsu / Oji)
Japan Fair Trade Commission (Tokyo)
The JFTC 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)
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 clears the acquisition of the first national pay-tv provider by a direct competitor (Telefónica / DTS)
Linklaters (Madrid)
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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 judgement for under-addressing the competitive harm (Commonwealth / Partners Healthcare System)
Simpson Thacher & Bartlett (New York)
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New York State Executive Chamber
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 US DOJ approves a merger in the vehicle air springs market under conditions in order to resolve a vertical antitrust concern (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, 2015, 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 Authority (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)
DG COMP (Brussels)
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DG COMP (Brussels)
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European Space Agency - ESA (Frankfurt)
"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 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)
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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)
DG COMP (Brussels)
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DG COMP (Brussels)
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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)
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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)
University of Sussex (Brighton)
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 Council 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 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 (Beijing)
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Gibson Dunn (Hong Kong)
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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 China’s Ministry of Commerce (MOFCOM) clears a merger in the mining industry (Glencore Xstrata / Las Bambas)
Mattel (Hong Kong)
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White & Case (Hong Kong)
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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 (Beijing)
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Gibson Dunn (Hong Kong)
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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)
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 (Nycosia)
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 Minister of Economic Development 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 (Mediaserv / Canal Plus Overseas)
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 conditionally approves an acquisition in the biotechnology sector (Thermo Fisher / Life Technologies)
First Principles Economics (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)
HEC (Jouy-en-Josas)
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 Portuguese Competition Authority issues clearance decision with remedies in Phase I (Kento Unitel Sonaecom/ZON Optimus)
Sérvulo & Associados (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 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
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China Competition Bulletin (Beijing)
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Institute of American Studies (Beijing)
On 26 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 US FTC agrees to "unusual" remedy in hospitals merger case (Phoebe Putney Health System)
Jones Day (Washington DC)
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Jones Day (Washington DC)
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 Albany-Dougherty County over the Hospital Authority’s acquisition of Palmyra in Albany, Georgia. Memorialized in a consent decree, the (...)

The EU Commission conditionally clears merger between two US commercial airlines while the US DOJ sues to block deal (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)
Desogus Law Office (Cagliari)
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 Commission, unlike the French NCA, rules that operator of channel tunnel between Great Britain and France may no longer offer ferry services from Dover (Eurotunnel / SeaFrance / MyFerryLink)
Jones Day (London)
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British 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 Office of Competition and Consumer Protection 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, 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 imposes complex behavioural remedies after identifying potential concerns about impact on competition in the import to China of soy beans (Marubeni / Gavilon)
First Principles Economics (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 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 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 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 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 Spanish Competition Authority approves an acquisition subject to remedies regarding crossed-minority stakes in competitors (CaixaBank and Banco de Valencia)
Cuatrecasas, Goncalves Pereira (Madrid)
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Cuatrecasas, Goncalves Pereira (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)
Kinstellar (Belgrade)
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)
First Principles Economics (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 JV 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 hold separate order before approving an acquisition in the market for electric power (Exelon / Constellation)
Cleary Gottlieb Steen & Hamilton (Cologne)
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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)
Baker McKenzie (Washington D.C.)
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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 imposition of behavioural remedies (Stampa Sistem / Futura Plus)
Faculty of Law - University of 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, subject to conditions, a merger in the maritime transport sector (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 for commercial real estate information (CoStar / Loopnet)
Venable (New York)
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Venable (Washington)
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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 telecoms regulations in anti-monopoly law 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)
Desogus Law Office (Cagliari)
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 acquisition (...)

The Spanish NCA approves a merger in the audiovisual market subject to conditions (Antena 3/La Sexta)
Callol, Coca & Asociados (Madrid)
Following a second phase in-depth investigation, the Spanish NCC concluded that the operation could give rise to significant competition issues in several audiovisual markets in Spain, specially the television advertising market, due to the Antena 3‘s increased market power and the enhanced (...)

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)
CRA International (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)
Desogus Law Office (Cagliari)
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 Associato (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 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 Chinese MOFCOM again uniquely imposes AML 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 (Beijing)
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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 Latvian Competition Council conditionally approves a merger on the market for TV broadcasting (MTG & Latvijas Neatkarīgā)
Konkurences padome (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 to (...)

The Latvian Competition Council approves conditionally proposed merger of dairies (Thyrenos)
Konkurences padome (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 Competition Tribunal’s conditional clearance of a retail market acquisition (Walmart / Massmart)
Computer and Communications Industry Association (CCIA) (Washington D.C.)
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 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)
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 Chinese MOFCOM clears acquisition in the hard disk drive business (Western Digital / Hitachi)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (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 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 European 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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Mayer Brown (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 Commission 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 (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 (Beijing)
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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 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)
University of Sussex (Brighton)
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 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 publishes a conditional approval of a transaction in the coal sector under Anti-Monopoly Law (Shenhua JV)
Jones Day (Beijing)
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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 the acquisition in the electronic yarn clearers for automatic winders (Penelope / Savio)
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 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 French Competition Authority clears a merger in the food-processing sector (Agrial / Elle-et-Vire)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. 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 (...)

The US DoJ 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)
Economists Incorporated (San Francisco)
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Economists Incorporated (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 DOJ demands conduct remedies from two strong competitors in related markets before approving a vertical merger that will allow the combined company to enter into 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 DoJ imposes conduct remedies, including "FRAND" licensing, before approving a vertical merger with anticompetitive concerns in the comparative-flight-search industry (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 US DoJ 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)
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)
Press Release published on the official website of the French Competition Authority. 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 (...)

The US DoJ seeks conduct remedies prior to approving a joint venture in order to prevent exclusionary conduct in the markets for online video distribution and video programming (Comcast / NBC Universal)
American University’s Washington College of Law
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 conditions1 helped to fill a gap in the contemporary treatment of vertical mergers. The existence of this gap was (...)

The US DoJ conditions approval of a joint venture upon behavioral remedies, such as specific terms of licensing and management of video content, in the industries of online video distribution and video programming (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)
Desogus Law Office (Cagliari)
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 implementation of the remedies imposed for the approval of a merger in the banking sector (Banca Intesa / San Paolo IMI)
Desogus Law Office (Cagliari)
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)
Press Release published on the official website of the French Competition Authority. 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 (...)

The Romanian Competition Authority clears a healthcare merger subject to structural divestitures and behavioural commitments (Fresenius / Renamed)
Faculty of Law - University of 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)
Press Release published on the official website of the French Competition Authority. 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 (...)

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 clears with behavioral remedies a merger between Russian companies in the Chinese potash market (Uralkali / Silvinit)
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 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 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 approves merger between potash producers but requires they continue to supply the Chinese market (Uralkali / Silvinit)
Jones Day (Beijing)
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Gibson Dunn (Hong Kong)
,
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 Cyprus Competition Authority accepts a proposed concentration in the market of supply of airport passenger (Swissport Cyprus and Handling)
Neocleous (Nicosia)
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 US DOJ clears an acquisition subject to conditions in the IT industry (Google / ITA)
Jones Day (Houston)
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Jones Day (Sillicon Valley)
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 US DoJ allows acquisition of the leading airfare pricing provider by the largest Internet search provider with settlement reflecting antitrust enforcement trends (Google / ITA)
Jones Day (Houston)
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Jones Day (Sillicon Valley)
On October 5, 2011, following a public comment period, the U.S. District Court for the District of Columbia issued its final judgment approving the requirements Google and ITA Software have agreed to in order to address the U.S. Department of Justice’s alleged anticompetitive concerns stemming (...)

The Spanish Competition Commission clears in second phase merger in the payment processing sector imposing commitments to the two merging companies (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)
Desogus Law Office (Cagliari)
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 conditionally approves the proposed acquisition of an IT security company by the world leading CPU manufacturer (Intel / McAfee)
J G 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 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)
French Competition Authority (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 U.S. Department of Justice and Federal Communications Commission conditionally approve 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 (...)

The French competition authority clears a merger in the urban and intercity passenger road transport sectors subject to remedies after an in-depth examination (Veolia Environnement / CDC)
Herbert Smith Freehills (Paris)
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French Competition Authority (Paris)
In its decision dated 30 December 2010, the French competition authority (the «FCA») authorised, subject to certain commitments, the creation of a joint venture between Veolia Environnement(«Veolia») and the Caisse des Dépôts et Consignations (the «CDC») that will combine their respective transport (...)

The Italian Competition Authority reviews the remedies regarding life insurance markets attached to the 2006 conditional clearance of a merger (Banca Intesa / Sanpaolo IMI)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA) has recently reviewed the remedies attached to the 2006 conditional authorization of the Banca Intesa/Sanpaolo IMI merger. The remedies addressed the competition problems the merger would have caused in life insurance markets. The ICA considered the (...)

The Hungarian Competition Office clears a merger in the cement sector subject to remedies (Holcim / Východoslovenské)
Philip Morris (Budapest)
On 15 December 2010 the Hungarian Competition Office (HCO) cleared the acquisition of sole control following capital increase over Východoslovenské stavebné hmoty a.s. (VSH) by Holcim Auslandbeteiligungs GmbH (Holcim) in a Phase II merger procedure. I. Background On 10 November 2009 the general (...)

The Austrian Competition Authority clears a merger between food wholesalers subject to pricing commitments (Pfeiffer / Nussbaumer)
Van Bael & Bellis (Brussels)
According to a recent press-release, the Austrian Competition Authority cleared a merger between two competing food wholesalers, subject to pricing commitments. The Competition Authority held that the transaction, as initially notified, would give rise to competition concerns because the (...)

The Latvian Competition Council conditionally approves a merger on the telecommunication market (Baltkom / Izzi)
Konkurences padome (Riga)
Merger in Telecommunication Market Approved Under Binding Conditions* On 13 November 2010 the Competition Council (CC) adopted a decision to approve the proposed merger of Baltkom group and Izzi group – the second and the third largest telecommunication companies in Latvia. While assessing the (...)

The US DoJ reaches consent agreement with parties to an acquisition in the graphite electrodes market (GrafTech / Seadrift)
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (Palo Alto)
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Kirkland & Ellis (New York)
On November 29, 2010, the Department of Justice (DOJ) announced a consent agreement with GrafTech International relating to its acquisition of Seadrift Coke L.P. (Seadrift). This action marks the second time this year that the DOJ has sought relief in a vertical merger. It also represents the (...)

The Spanish Competition Authority clears the acquisition of sole control of a rival TV channel subject to remedies (TV Channel Cuatro / Telecinco)
Hogan Lovells (Madrid)
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Linklaters (Madrid)
On 28 October 2010, after a long and complex process, the Council of the National Competition Commission ("the NCC") authorised the acquisition by the TV operator Gestevisión Telecinco, S.A. ("Telecinco") of sole control of rival TV channel Cuatro in a decision that has had an important impact (...)

The Russian Federal Antimonopoly Service clears a € 1.5 bln merger between two major dairy companies in Russia subject to behavioural remedies (Danone and Unimilk)
RBB Economics (Brussels)
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RBB Economics (Brussels)
Introduction In June 2010 the French dairy producer Danone announced plans to purchase a stake of 58% in the Russian dairy company Unimilk. The proposed € 1.5 bln merger would make Danone-Unimilk the leader for dairy products in the CIS area, with a 21% share of the Russian dairy market. In (...)

The Chinese MOFCOM clears with conditions the acquisition of a global supplier in the pharmaceutical sector (Novartis / Alcon)
AnJie Law (Beijing)
Conditional approval for Novartis’s acquisition of Alcon* Introduction The Ministry of Commerce’s Anti-monopoly Bureau approved Novartis’s acquisition of Alcon on August 13 2010, subject to conditions.(1) The ministry accepted the filing in respect of the acquisition on April 20 2010 and (...)

The Chinese MOFCOM conditionally clears a merger in the pharmaceutical industry (Novartis / Alcon)
Linklaters (Beijing)
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Euclid Law (London)
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Linklaters (Brussels)
On 13 August 2010, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) issued a conditional approval for the proposed acquisition of Alcon (“Alcon”) by Novartis AG (“Novartis”). The decision was issued after a merger review of just under four months (one month for Phase One review (...)

The Chinese MOFCOM imposes conditions on a merger in the pharmaceutical industry (Novartis / Alcon)
Jones Day (Beijing)
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Gibson Dunn (Hong Kong)
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Jones Day (Beijing)
After a four-month review, on 13 August 2010, China’s Ministry of Commerce (“MOFCOM”) authorized Novartis‘ acquisition of Alcon subject to conditions. Taking different approaches than one would see in the U.S. or European Union, MOFCOM’s decision is notable for the demanding view it takes of (...)

The Chinese MOFCOM conditionally clears a merger in the market of eye-care antibiotic products and of contact lens care products (Novartis / Alcon)
I. Key Facts of the Case Novartis International AG, in Hünenberg, Switzerland, the world’s sixth largest pharmaceutical company, has a center in Shanghai established in 2006, besides two other R&D centers worldwide, in Switzerland and the Unites States. Alcon, as the world’s second largest (...)

The US DoJ conditions approval of a vertical merger upon the implementation of structural and behavioral remedies to protect the market for primary ticketing services (Ticketmaster / Live Nation)
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 DoJ imposes divestiture and conduct remedies before approving a merger in order to maintain competition recently introduced by one of the firms in the market for primary ticketing services (Ticketmaster / Live Nation)
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 US DoJ demands divestiture and licensing to create two new competitors and imposes conduct remedies to limit the benefits of vertical integration in a merger concerning the industry for primary ticketing services at concert venues (Ticketmaster / Live Nation)
Kelley Drye & Warren (Washington)
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Kelley Drye & Warren (New York)
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Kelley Drye & Warren (Washington)
The Department of Justice Antitrust Division (“DoJ”), along with 17 state attorneys general, reached an agreement with the parties last week that allows the merger of Ticketmaster Entertainment, Inc. (“Ticketmaster”) and Live Nation, Inc. (“Live Nation”) to proceed. The parties agreed to a (...)

The US DoJ seeks to divest part of the business and require the licensing of software in order to mitigate anticompetitive effects of a merger in the ticketing services industry (Ticketmaster / Live Nation)
Cleary Gottlieb Steen & Hamilton (Cologne)
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Cleary Gottlieb Steen & Hamilton (Washington)
After a decade of what was perceived by many as relatively restrained merger enforcement, the Obama administration has repeatedly and vocally vowed to “reinvigorate antitrust enforcement” and to “take effective action to stop or restructure mergers that are likely to harm consumer[s]”. Many (...)

The EU Commission approves the creation of a joint venture between French incumbent railway operator and UK railways company (SNCF / LCR / Eurostar )
J G Associates (Brussels)
"Mergers: main developments between 1 May and 31 August 2010"* The Commission approved on 17 June the proposed creation of the ‘New Eurostar’ joint venture by the French incumbent railway operator SNCF and London Continental Railways (LCR) of the UK. SNCF provides rail passenger and freight (...)

The Hungarian Competition Office conditionally clears a merger between two major liquefied petroleum gas distributors (Prímagáz / Intergas)
Philip Morris (Budapest)
In November 2009, Prímagáz Hungária Zrt. (Prímagáz) and Intergas Hungária ZRt. (Intergas) concluded a share sale and purchase agreement for the transfer of 100 percent of the shares in Intergas. Prímagáz, founded in 1992 with the aim of continuing the business activities of three previously (...)

The EU Commission clears in phase I a merger in video communications industries accepting complex remedies proposed by merging parties (Cisco / Tandberg)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
T-Mobile/Orange and Cisco/Tandberg: Commission accepts complex Phase I remedies* When the Commission’s Remedies Notice was published in 2008, many commentators thought the Notice’s requirements for parties to a concentration to offer an acceptable remedy were too demanding. The concern was that (...)

The Belgian Competition Council grants conditional authorization for an acquisition in the broadband market (Mobistar / KPN Belgium Business)
Leuven University
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
1. Introduction On 25 March 2010, the Belgian Competition Council approved the acquisition of KPN Belgium Business NV, a subsidiary of the Dutch KPN, by Mobistar NV, part of France Télécom. The acquisition concerns on the one hand KPN’s activities on the Belgian wholesale broadband market and on (...)

The Brussels Court of Appeal partially annuls Competition Council’s decision concerning a merger in the cinema industry (Kinepolis)
Van Bael & Bellis (Brussels)
On 11 March 2010, the Brussels Court of Appeal handed down a judgment which partially annuls a decision of the Competition Council of 1 October 2008 (the “Decision”). In the Decision, the Competition Council partially upheld the conditions it had imposed in 1997 when approving the merger (...)

The EU Commission clears in phase I a merger in the mobile industry accepting complex remedies proposed by merging parties (T-Mobile / Orange)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
T-Mobile/Orange and Cisco/Tandberg: Commission accepts complex Phase I remedies* When the Commission’s Remedies Notice was published in 2008, many commentators thought the Notice’s requirements for parties to a concentration to offer an acceptable remedy were too demanding. The concern was that (...)

The EU Commission conditionally approves joint venture between two UK mobile network operators (T-Mobile / Orange)
European External Action Service
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,
DG COMP (Brussels)
"Of spectrum and Radio Access Networks: the T-Mobile/Orange joint venture in the UK"* I. Introduction On 8 September 2009, France Télécom and Deutsche Telekom, the French and German incumbent telecommunication operators, announced a 50/50 joint venture between their UK subsidiaries, Orange and (...)

The Italian Competition Authority finds the commitments proposed by the parties suitable to ensure the correct implementation of the remedies imposed for the approval of a banks merger (Banca Intesa / San Paolo IMI)
Desogus Law Office (Cagliari)
It seems that the Banca Intesa/San Paolo IMI merger case may finally come to an end. By a recent decision, the Italian Competition Authority (ICA) accepted the remedies offered by the parties to ensure the correct implementation of the obligations they undertook for the regulatory approval of (...)

The French Council of State confirms the clearance of a merger in the free TV sector (TF1 / NT1 / Monte-Carlo Participations)
Herbert Smith Freehills (Paris)
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French Competition Authority (Paris)
Background On 26 January 2010, the French Competition Authority (the “FCA”) authorized the acquisition by TF1 group (“TF1”), the parent company of leading free TV channel TF1, of sole control over NT1 and TMC, two free Digital Terrestrial Television channels ("DTT channels"). Prior to this (...)

The French Competition Authority conditionally clears an acquisition of two digital TV channels (TF1 / NT1 / TMC)
Van Bael & Bellis (Brussels)
The French Competition Authority recently conditionally cleared the acquisition by leading French broadcaster TF1 Group of sole control over NT1 and TMC, two digital terrestrial television channels. According to its press release, the Competition Authority found that the proposed transaction – (...)

The French Competition Authority clears, subject to conditions, a merger on the sector of distribution of DIY, decoration and gardening items (Mr Bricolage / Passerelle)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Subject to several conditions, the Autorité de la concurrence authorizes the acquisition of the Passerelle group by Mr Bricolage.* The Autorité de la concurrence has examined the acquisition of the Passerelle (...)

The French Competition Authority conditionally clears an acquisition in the public transport sector (SNCF / Keolis / Effia)
Van Bael & Bellis (Brussels)
According to a press release of 13 January 2010, the French Competition Authority has conditionally cleared the acquisition by SNCF of Keolis and Effia. SNCF is the incumbent rail transport operator in France, Keolis is a leading operator on the markets for urban and inter-urban passenger (...)

The French Competition Authority clears, under conditions, a merger in the poultry meat sector (LDC / Arrivé)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Subject to various conditions, the Autorité de la concurrence authorises the acquisition of the Arrivé group by the LDC group.* The Autorité de la concurrence has closely examined the LDC group’s acquisition of (...)

The French Competition Authority conditionally clears acquisition in the rail sector (Novatrans / SNCF)
Van Bael & Bellis (Brussels)
On 16 October 2009, the French Competition Authority conditionally cleared SNCF‘s acquisition of Novatrans. SNCF is the French incumbent rail transport provider and Novatrans is the leading provider of combined road and rail transport in France. The Competition Authority expressed concerns that, (...)

The Chinese MOFCOM clears major overseas transaction in automobile industry subject to conditions (GM / Delphi)
WilmerHale (Beijing)
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WilmerHale (Beijing)
China’s Ministry of Commerce (MOFCOM) has just cleared two major overseas transactions, Pfizer’s acquisition of Wyeth in the pharmaceuticals industry and General Motors’ reacquisition of elements of auto parts manufacturer Delphi on September 28 and 29, respectively. Both clearances were subject (...)

The Chinese MOFCOM conditionally clears a major overseas transaction in the pharmaceuticals industry (Pfizer / Wyeth)
WilmerHale (Beijing)
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WilmerHale (Beijing)
China’s Ministry of Commerce (MOFCOM) has just cleared two major overseas transactions, Pfizer’s acquisition of Wyeth in the pharmaceuticals industry and General Motors’ reacquisition of elements of auto parts manufacturer Delphi on September 28 and 29, respectively. Both clearances were subject (...)

The Austrian Competition Authority conditionally clears joint venture between oil companies (BP / Shell / OMV)
Van Bael & Bellis (Brussels)
According to a recent press release, the Austrian Competition Authority has conditionally cleared a proposed joint venture between oil companies BP, Shell and OMV. The joint venture provides refuelling services at Salzburg airport, but does not itself sell fuel (this is done separately by the (...)

The Serbian Competition Authority conditionally clears a merger between two major European airlines subject to behavioural remedies (Lufthansa - Austrian Airlines)
Faculty of Law - University of Macau
On 17 July 2009 Serbian Competition Authority (Комисија за заштиту конкуренције) (KZK) after an in-depth investigation issued a conditional clearance of the merger uniting two leading European airlines : Lufthansa and Austrian Airlines . At the moment of the application for the merger clearance Lufthansa was already (...)

The Finnish Competition Authority relaxes behavioral remedies imposed in two related merger clearance decisions due to changes in market conditions (Valio)
Roschier (Helsinki)
On 23 June 2009 the Finnish Competition Authority (“FCA”) agreed to relax certain behavioral commitments imposed on Valio Oyj (“Valio”) concerning the pricing of raw milk in two earlier merger clearance decisions (case n° 1151/81/99 and case n° 619/81/04). The FCA’s assessment of the suitability of (...)

The EU Commission conditionally approves the acquisition of Belgian commercial airlines by German airlines company (Lufthansa / SN Airholding)
J G Associates (Brussels)
"Mergers: main developments between 1 May and 31 August 2009"* During the period under review the Commission conditionally approved two acquisitions by Lufthansa: SN Airholding (SNAH), the holding company of the Belgian commercial airline SN Brussels Airlines (decision taken on 22 June) and (...)

The French competition authority specifies under which conditions a merger is likely to affect competition in local markets and validates behavioural remedies due to the economic crisis (Caisse d’Epargne / Banque Populaire)
Freshfields Bruckhaus Deringer (Paris)
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Freshfields Bruckhaus Deringer (Paris)
Since it was granted jurisdiction over mergers, the Competition Authority (hereafter “the Authority”) gave its first decision of approval with commitments on June 22, 2009. Even though it was a Phase I decision, the Authority performed a very thorough analysis of the operation’s impact, especially (...)

The French National Competition Authority conditionally clears in Phase I a merger in the banking sector (Groupe Banque Populaire / Groupe Caisse d’Epargne)
University Paris I Panthéon-Sorbonne
Facing its first newsworthy merger since the Law of Modernization of the Economy came into force, the French National Competition Authority (NCA) cleared in Phase I a merger in the banking sector between Groupe Banque Populaire and Groupe Caisse d’Epargne after having (i) laid down stringent (...)

The Latvian Competition Council approves acquisition by a holding company of a number of importers and distributors of alcoholic beverages after imposing conditions (SPV Distributor / MONO)
Kronbergs & Čukste
On June 19, 2009, the Latvian Competition Council adopted a decision conditionally clearing the acquisition of control over SIA „S.D.V.» , SIA „L.D.V.», SIA „MONO M», SIA „S.Alko» by SIA „SPV Distributor» (hereinafter «SPV Distributor»), notified on March 27, 2009. SPV Distributor is a holding company (...)

The Latvian Competition Council conditionally approves a merger on the market for alcohol distribution
Konkurences padome (Riga)
Binding Conditions Set on Merger of Alcohol Distribution Companies* On 18 June 2009, Latvian Competition Council (CC) adopted a decision permitting a merger between alcohol distribution companies „SPV Distributor" Ltd., „S.D.V." Ltd., „L.D.V." Ltd., „MONO M" Ltd. and „S.Alko" Ltd. (principal (...)

The Croatian Competition Authority following a Phase II investigation clears a merger of two petroleum companies subject to structural and behavioral remedies (MOL / INA)
Faculty of Law - University of Macau
On 9 June 2009 Croatian Competition Authority (AZTN) issued its conditional approval in relation to the proposed merger of two petroleum companies: MOL Hungarian Oil and Gas Plc. (MOL) and INA Industrija nafte d.d. (INA). MOL was already holding 25% of the INA’s share capital from 2003 and now (...)

The Italian Competition Authority opens a compliance procedure on the implementation of remedies regarding a merger in the banking sector (BancaIntesa / SanPaolo IMI)
Desogus Law Office (Cagliari)
By a decision taken on 14 May 2009, the Italian Competition Authority or ICA has opened an investigation into whether the parties to the BancaIntesa/San Paolo IMI concentration fulfilled the remedies imposed with the conditional authorization of the transaction . The ICA conditional (...)

The Turkish Council of State orders stay of execution of Competition Board’s remedies inherent to its conditional clearance decision in daily political newspapers market (Vatan Newspaper / Dogan Group)
Hewlett Packard (Istanbul)
Background On 10 March 2008, the Turkish Competition Board has conditionally cleared the acquisition of Vatan Newspaper (Vatan) by Doðan Gazetecilik A.Þ. (Doðan Group) - the biggest media holding both in terms of audience and advertisement revenues- , by accepting the “failing company defense”. (...)

The Italian Antitrust Authority clears with remedies the merger between the two main operators for credit card business (Istituto Centrale delle Banche Popolari Italiane - Cartasì)
Freshfields Bruckhaus Deringer (Rome)
On 27 March 2009, the Italian Antitrust Authority (IAA) conditionally cleared the acquisition of SI Holding (SI), the financial holding company controlling the CartaSì Group, by Istituto Centrale delle Banche Popolari Italiane (ICBPI). Both SI and ICBPI are controlled by Italian banks, which (...)

The French Minister of Economy conditionally clears a merger between the principal actors in the meat sector (Groupe Bigard / Socopa Viandes)
Fieldfisher (London)
On the 17th February 2009 the Minister of Economy, Industry and Employment cleared the acquisition of control of the undertaking ‘Socopa Viandes’ by the ‘Groupe Bigard’ attaching Phase I commitments. Groupe Bigard is the French market leader in the meat sector. Its activities involve the (...)

The Spanish Competition Authority clears its first big merger between the dominant gas supplier and the third largest electricity operator (Gas Natural / Union Fenosa)
Simmons & Simmons (London)
On the 12 February 2009, following an in depth investigation, the Spanish Competition Commission (CNC) cleared its first big merger when it approved, subject to commitments, the merger between Gas Natural (GN), the dominant gas supplier and the Union Fenosa (UF), the third largest electricity (...)

The EU Commission conditionally clears a merger in the food retail industry (Rewe / Meinl)
European Commission - DG TRADE (Brussels)
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European Commission - DG TRADE (Brussels)
"Mergers: Recent developments and important decisions"* In Rewe/Meinl, the Commission had come to the conclusion that the take-over of the fourth largest Austrian foodretail chain by the market leader Rewe/Billa would create a dominant position of the parties on the Austrian food retail market (...)

The Croatian Competition Authority clears following EC standards a merger of wholesale and retail distributors subject to structural and behavioral remedies (Konzum / Lokica)
Faculty of Law - University of Macau
Summary The Croatian Competition Authority (Agencija za zaštitu tržišnog natjecanja) (AZTN) cleared subject to remedies the merger between Konzum d.d. and Lokica d.o.o., two wholesale and retail distributors with dominant market positions on the wholesale distribution market in Croatia and retail (...)

The EU Commission accepts, subject to remedies, a takeover of a company in the electricity sector (EDF / British Energy)
CRA International (Brussels)
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Chrysses Demetriades (Limassol)
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Holmes Kirby (Brussels)
I. Introduction On 24 September 2008, following ongoing talks with British Energy, EdF announced that it had agreed a takeover of the company for the sum of £12.5 billion. On 3 November 2008, given that the transaction had a Community dimension within the meaning of the Merger Regulation, EdF (...)

The Dutch Competition Authority clears a joint venture for the rollout and management of an optical fiber network subject to behavioural remedies (Reggefiber)
RBB Economics (The Hague)
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RBB Economics (Brussels)
Introduction On 19 December 2008 the Dutch Competition Authority (Nederlandse Mededingingsautoriteit, hereafter the NMa) authorized a joint venture (JV) by KPN and Reggefiber conditional upon behavioural remedies . The imposed remedies address the focal points of OPTA’s most recent Market (...)

The European Commission conditionally approves a merger between two Dutch dairy cooperatives (Friesland Foods / Campina)
Compass Lexecon (Brussels)
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Compass Lexecon (Brussels)
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DG Economic and Financial Affairs (ECFIN) (Brussels)
"Friesland Foods/Campina: a merger between two Dutch dairy cooperatives approved with a set of comprehensive remedies"* I. Introduction The Friesland Foods/Campinacase (M.5046), which concerned a full legal merger between the two leading Dutch dairy producers, covered the entire production (...)

The European Commission approves a merger to nearly monopoly with a questionable theory of harm and novel behavioural remedy (Friesland Foods / Campina)
Warwick Business School
Key Facts Of The Case Campina and Friesland Foods are the two largest dairy cooperatives in the Netherlands. Between them, prior to the merger, they produced 70% to 80% of all the raw milk procured in the Netherlands. In addition the firms processed the milk into fresh milk for drinking as (...)

The Italian Antitrust Authority approves subject to remedies the airlines merger to monopoly take off: the Alitalia privatization saga nears its conclusion (CAI / Alitalia / Airone)
Freshfields Bruckhaus Deringer (Rome)
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Eversheds Bianchini (Roma)
On 3 December 2008, the Italian Antitrust Authority (IAA) approved the transaction through which Compagnia Aerea Italiana S.p.a. (CAI) will acquire the operating assets of Alitalia Linee Aeree Italiane S.p.a. (Alitalia) as well as sole control over AirOne S.p.A. (AirOne). Alitalia is the (...)

The Finnish Competition Authority grants clearance subject to remedies to the acquisition of a Nordic premium pay-TV operator after extended second phase investigation (TV 4 AB / C More Group)
Roschier (Helsinki)
On 27 November 2007 following a twice extended second phase investigation period, the Finnish Competition Authority (“FCA”) conditionally approved the acquisition of C More Group AB (“CMore”) by TV 4 AB (“TV4”), owned by Bonnier Media Group (“Bonnier”) from the German media group ProSiebenSat1 AG. The (...)

The European Commission clears a merger between Hungarian and Austrian companies both active in the provision of rail freight transport and freight forwarding services (Rail Cargo Austria / MÁV Cargo)
J G Associates (Brussels)
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DG COMP (Brussels)
"Mergers: main developments between 1 September and 31 December 2008"* On 25 November the Commission cleared the proposed acquisition of MÁV Cargo of Hungary by the Austrian company Rail Cargo Austria (RCA), both active in the provision of rail freight transport and freight forwarding services. (...)

The Portuguese Competition Authority conditionally clears a merger in Phase II in the pay-TV market (TV Cabo / Bragatel / Pluricanal Leiria / Pluricanal Santarém)
Cuatrecasas, Goncalves Pereira (Lisbon)
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Cuatrecasas, Goncalves Pereira (Lisbon)
On 21 November 2008, the Competition Authority decided not to oppose a concentration in the subscription television market subject to conditions and obligations, whereby CATVP - TV Cabo Portugal, S.A. (“TV Cabo”) acquired sole control over three competitors: Bragatel - Companhia de Televisão por (...)

The Portuguese Competition Authority conditionally clears a merger in Phase I in the pay-TV market (TV Cabo/TVTel)
Cuatrecasas, Goncalves Pereira (Lisbon)
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Cuatrecasas, Goncalves Pereira (Lisbon)
On 21 November 2008, the Competition Authority decided not to oppose a concentration in the subscription television market subject to conditions and obligations, consisting in the acquisition of sole control by CATVP - TV Cabo Portugal over TVTel - Comunicações, S.A.. The transaction caused a (...)

The Chinese MOFCOM conditionally approves acquisition by the global Belgian beer producer of the US leading brewer (InBev / Anheuser-Busch)
Kastell (Stockholm)
On November 18 2008, the Anti-Monopoly Bureau of the Ministry of Commerce (MOFCOM) approved the acquisition of U.S.-based Anheuser-Busch Companies Inc. by Belgian InBev NV/SA. The approval was, however, granted subject to conditions. This is the first such decision to be made public since the (...)

The Belgian Competition Council conditionally clears a merger in the telecommunication sector (Scarlet / Belgacom)
Van Bael & Bellis (Brussels)
In a recently published decision of 8 November 2008, the Belgian Competition Council conditionally cleared the acquisition of Scarlet by Belgacom, following a phase II investigation. Belgacom, the incumbent telecommunications operator in Belgium, is active on a number of retail and wholesale (...)

The US DOJ imposes non-traditional remedies in the form of both structural and conduct relief before clearing a merger in order to address the unique reliance on intellectual property and innovation required in the market for genetically-engineered cotton seeds (Monsanto / Delta / Pine Land)
Morrison & Foerster (Washington)
A recent settlement in a biotech merger case may signal a greater willingness by DOJ to accept remedy provisions it previously would have rejected, especially to resolve vertical issues in industries heavily dependent on intellectual property and innovation. Rather than challenge Monsanto’s (...)

The US DOJ requires extensive divestitures and changes the terms of licensing agreements before approving a merger in the market for genetically-engineered cotton seeds, but 13 state attorneys general claim these remedies do not solve the problem (Monsanto / Delta / Pine Land)
Office of the Texas Attorney General
The Monsanto Company has nearly completed its acquisition of Delta and Pine Land, uniting the two largest companies in the domestic, genetically- modified cotton seed industry. Subject to a Hart-Scott- Rodino review, the parties worked with the United States Department of Justice (“D.O.J.”) (...)

The Belgian Competition Council allows a transaction between two cinema chains following previous merger remedies (Kinepolis / Multiscope)
Leuven University
Background information The Kinepolis Group NV (hereafter: Kinepolis), the largest cinema chain in Belgium, was formed after a merger in 1997 of Groep Bert and Groep Claeys. The merger had been approved by the Belgian Competition Council under a number of conditions. Those merger remedies were (...)

The US FTC places a price cap on intra-company prices as a condition precedent to clearing a merger in the market for iron sucrose administrated intravenously (Fresenius / Daiichi)
Weil, Gotshal & Manges (Washington)
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US Federal Trade Commission (FTC) (Washington DC)
On September 15, 2008, the FTC announced that it challenged a manufacturing, distribution, and supply agreement between Fresenius Medical Care Ag & Co. KGaA (Fresenius) and Daiichi Sankyo Company, Ltd. (“Daiichi”) based on allegations that the proposed transaction would violate U.S. (...)

The UK Competition Appeal Tribunal delivers its judgment dismissing challenges on material influence, SLC and remedies brought by a broadcasting company (British Sky Broadcasting Group)
Linklaters (London)
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Linklaters (London)
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Linklaters (London)
In a judgment handed down on 29 September, the Competition Appeal Tribunal (CAT), dismissed an appeal brought by British Sky Broadcasting Group plc (Sky) against a decision of the Competition Commission (CC). The CAT upheld part of an appeal against the same decision brought by Virgin Media (...)

The US Nevada Attorney General, operating in conjunction with the US DOJ, imposes divestiture and other conduct remedies, such as making charitable contributions and prohibiting most-favored nation clauses, as conditions precedent to approving a merger of health plan insurance companies (UnitedHealth / Sierra Health)
Attorney General - State of Nevada
On February 25, 2008, Nevada Attorney General Catherine Cortez Masto filed a complaint in federal court in Nevada, alleging that the proposed acquisition of Sierra Health Services, Inc. (“Sierra”) by UnitedHealth Group Incorporated (“United”) violated federal and state antitrust laws, reducing (...)

The US DoJ requires divestiture of the Medicare Advantage line, while the Attorney General of Nevada adds conduct remedies, such as the implementation of internal firewalls, before clearing a merger in the market for health plans (UnitedHealth / Sierra Health)
Mintz Levin Cohn Ferris Glovsky and Popeo PC (Washington)
UnitedHealth Group Inc. (UnitedHealth) recently entered into a consent decree with federal and stateantitrust enforcement authorities in connection with its proposed acquisition of Sierra Health Services, Inc. (Sierra). The remedies secured by theDepartment of Justice and the Nevada State (...)

The Jersey Competition Regulation Authority conditionally clears a merger between the main farm machine supply company and the largest potato export firm (Jersey Royal Potato Marketing / E.C. Le Feuvre Agricultural Machinery)
Brown Brothers Harriman (BBH) (Luxembourg)
The operation On 16 September 2008, the Jersey Competition Regulation Authority (“JCRA”) has cleared the acquisition of E.C. Le Feuvre Agricultural Machinery Limited (“E.C. Le Feuvre”) by Jersey Royal potato marketing Limited (“Jersey Royal”). Jersey Royal is the largest grower of potatoes in (...)

The Portuguese Competition Authority clears in phase II a merger in the soft drinks and bottled water sectors subject to remedies, including brand divestment and provision of filling services to other brands (Sumolis-Compal)
Uria Menéndez (Lisbon)
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Uria Menéndez (Lisbon)
On 14 August 2008, the Portuguese Competition Authority (the “PCA”) adopted a merger control decision under the procedure set out in Law 18/2003 of 11 June (the “Portuguese Competition Act”), which approved the proposed acquisition of Compal by Sumolis, subject to certain conditions. Sumolis (...)

The French Ministry of Economy clears a merger of companies providing information on horse racing to professionals and the general public, subject to the provision of essential racing data to third parties under transparent and non-discriminatory conditions (PMU / Serendipity / Geny Infos)
ARAFER (Le Mans)
The operation In a letter of 16 July 2008, the French Minister of Economy, Industry, and Employment (DGCCRF) authorized PMU and Serendipity, an investment company, to jointly acquire full control (each having 50% of the equity and voting rights) over Geny Infos. PMU is an association for (...)

The Russian NCA cleared a merger in the tyres market subject to remedies, including a requirement to establish direct contractual relationships with customers (OAO Amtel-Vredestein / Sibur Holding)
Clifford Chance (Moscow)
The operation The petrochemical company OAO "SIBUR Holding" (“Acquirer”) applied for clearance of the acquisition of indirect control over the entire voting capital of OAO “Amtel Vredestein” (“Target”) as a result of a reverse acquisition of a controlling stake in Amtel Vredestein N.V. The market (...)

The Spanish National Competition Commission clears with behavioural remedies the acquisition of a general hospital (Adeslas / Policlínica San José)
PwC (Madrid)
The operation The operation was Adeslas’ acquisition of all the assets of Policlínica San José. Policlínica San José is a private general hospital located in the city of Vitoria-Gasteiz (in the province of Álava). Prior to the merger, this hospital was owned by the insurance company Mutualia. (...)

The Portuguese Competition Authority conditionally clears the acquisition of sole control over the rights to exploit hydroelectric power stations (EDP / EDIA)
Cuatrecasas, Goncalves Pereira (Lisbon)
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Entidade Nacional para o Mercado dos Combustíveis, E.P.E. (Portuguese National Entity for Fuel Market)
On 14 January 2008, EDP notified the Competition Authority (“AdC”) of the acquisition of sole control over the rights held by EDIA to exploit Alqueva and Pedrógão hydroelectric power stations. Through this transaction, EDIA assigned to EDP the rights it had been conferred upon by the Portuguese (...)

The Italian Competition Authority amends behavioural remedies previously imposed in a concentration between two major Italian air carriers (Alitalia / Volare)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA) has recently revised and modified the commitments it imposed for the approval of the 2006 concentration between two major Italian air carriers, Alitalia and Volare. The ICA conditionally cleared the transaction by requiring Alitalia to release the (...)

The EU Commission conditionally clears an acquisition in the market for production and distribution of TV programs, TV satellite and cable broadcasting (News Corp / Premiere)
J G Associates (Brussels)
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DG COMP (Brussels)
"Mergers: main developments between 1 May and 31 August 2008"* In June a conditional approval was granted to the proposed acquisition of Germany’s pay-TV operator Premiere AG by News Corporation (News Corp) of the US. The approval was granted subject to commitments which would ensure third (...)

The Polish NCA conditionally clears a merger in the sector of operation of movie theatres (Multikino / Silver Screen)
Clifford Chance (Warsaw)
The operation In the decision of 20.06.2008, the President of the OCCP cleared the takeover of control of Silver Screen, an operator of movie theatres, by its competitor Multikino. The market(s) The relevant product markets of the concentration are the market of operation of movie theatres (...)

The Polish National Competition Authority clears with remedies a merger in the cinema sector (Multikino / Silver Screen)
White & Case (Warsaw)
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SAS Institute (Warsaw)
This article considers the possible precedent set by the Chairman of the OCCP’s decision, dated 20 June 2008, clearing the takeover by Multikino of the Silver Screen companies, operators of movie theaters, subject to a condition preventing Multikino from opening a new movie theater (decision N° (...)

The French Minister of Economics conditionally clears a conglomerate merger in the sector of component for rolling shutters aimed at preventing "mixed" bundling and technical tying (Somfy / Zurflüh-Feller)
French Competition Authority (Paris)
The operation In this case, the Minister cleared the acquisition of Somy and Zurflüh-Feller with remedies. Both companies are manufacturing components for shutters, with strong market shares, but small horizontal overlaps, each company being specialised in different components. The market(s) (...)

The French National Competition Authority clears in Phase II with behavioural remedies a merger in the rolling shutters sector and gives its assessment of conglomerate effects (Somfy / Zurflüh-Feller)
DG COMP (Brussels)
Introduction After an in-depth phase II investigation, on 12 June 2008 the French Minister for Economy, Indutry and Employment (hereafter, the MinisterMinister), cleared the acquisition of Zürfluh-Feller by Somfy. Both companies are active on the market for accessories to construct rolling (...)

The Hungarian Competition Office clears with conditions the acquisition of press logistics company by JV of magazine publishers (Ringier Kiadó / Népszabadság / Sanoma Budapest / MédiaLog)
Lakatos, Köves & Partners (Budapest)
Magyar Előfizetői Vagyonkezelő Kft. ("MEV"), a Hungarian JV owned by the Ringier group (including the Hungarian daily Népszabadság) and the Sanoma group, acquired from F-Log AG 51 per cent of the shares of MédiaLog Zrt. ("MédiaLog"), which is one of the two major magazine distributors in Hungary. (...)

The Latvian Competition Authority conditionally clears a merger in the sector of construction (A.C.B. SIA / 8 CBR AS)
Cobalt Legal (Riga)
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Cobalt Legal (Riga)
The operation On 21 December 2007 the Competition Council received a notification of A.C.B. SIA (A.C.B.) and 8 CBR AS (8 CBR) regarding a proposed transaction whereby A.C.B. would acquire the shares of 8 CBR and thus also decisive influence over it. (Section 1) The market(s) The relevant (...)

The UK Competition Commission publishes its proposed new merger remedy guidelines, which for the first time recognise the possibility that intellectual property (“IP”) and behavioral remedies might be appropriate in certain circumstances
Van Bael & Bellis (Brussels)
On 19 May 2008, the UK Competition Commission (the “CC”) published its proposed new merger remedy guidelines, which for the first time recognise the possibility that intellectual property (“IP”) and behavioural remedies might be appropriate in certain circumstances. The draft guidelines are (...)

The Italian Competition Authority conditionally clears a merger between banking groups with both structural and behavioural remedies (Banca Monte Dei Paschi Di Siena / Banca Antonveneta)
Clifford Chance
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Chiomenti (Rome)
The operation On 7 May 2008, the ICA cleared the merger by which Monte dei Paschi di Siena (MPS) will acquire the whole capital stake of Antonventa with the exception of three undertakings (Interbanca, Interbanca International and Bios Interbanca). The aim of the concentration is to create the (...)

The Russian NCA cleared a merger in the retail distribution sector subject to numerous behavioural remedies (Rusel / X5 Retail Group)
Clifford Chance (Moscow)
The operation The retail company X5 Retail Group N.V. ("Acquirer") applied for clearance of its proposed acquisition of indirect control over the retail group OOO "Rusel" ("Target") through acquisition of 100% in Formata Holding B.V. The market The transaction related to the retail market (...)

The French Minister of Economics clears with remedies a merger in the retail sector subject to outlets divestment and commitment not to expand or open new outlets (Vivarte / Super Sport)
French Competition Authority (Paris)
The operation In this case, the Minister cleared the acquisition of Vivarte and Supersport with remedies. Both companies are retailers of shoe, clothes and sport equipments. The market(s) The relevant markets were the retail market of low-cost clothes and the retail market of low-cost shoe. (...)

The Belgian Competition Council conditionally clears a merger in phase II between several owners of cable networks for telecommunications services in Wallonia (Tecteo / Brutele - Câble Wallon)
Freshfields Bruckhaus Deringer (Hong Kong)
The operation Following a Phase II review, by decision dated 25 April 2008 the Council authorized the two-stage merger resulting in the acquisition of control by Tecteo of certain cable networks in Wallonia. The concentration involved several associations of local authorities transferring (...)

The Russian NCA cleared a merger in the electric boiler market subject to remedies, including commitment not to decrease or cease the target’s production (Evan / Nibe Industrier)
Clifford Chance (Moscow)
The operation The Swedish manufacturer of electric heating applications Nibe Industrier AB (“Acquirer”) applied for clearance of the acquisition of indirect control over ZAO "EVAN" (“Target”) through acquisition of the Swedish holding company Russian Boilers Holdings AB. The market The (...)

The Russian NCA cleared a merger in the heat supply services sector subject to remedies, including access to pipeline networks and other essential facilities (Tverskaya teplosnabzhayushaya kompaniya / Rossiyskie kommunalnye sistemy)
Clifford Chance (Moscow)
The operation The utilities provider OAO "Rossiyskie kommunalnye sistemy" (“Acquirer”) requested clearance for the acquisition of the entire voting capital of OOO "Tverskaya teplosnabzhayushaya kompaniya" (“Target”) a provider of pipeline network services for heat supply in the region of Tver. (...)

The French Minister of Economy requires commitments to address possible horizontal and conglomerate effects in a merger of a mobile network and pay-TV operator and an Internet service provider (SFR / Neuf Cegetel)
RBB Economics (Brussels)
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RBB Economics
Introduction On 15 April 2008, the French Minister of Economy (hereafter, the Minister) cleared the proposed acquisition by Société Française du Radiotéléphone (SFR) of a majority share of Neuf Cegetel, subject to remedies. The transaction raised conglomerate issues in the markets for broadband (...)

The Russian NCA cleared a merger in the personal insurance sector subject to remedies, including notification of future cooperation agreements (TechAtomProm / Assicurazioni Generali)
Clifford Chance (Moscow)
The operation The Italian insurance group Assicurazioni Generali S.p.A. (“Acquirer”) applied for clearance of its proposed acquisition of indirect control over the Russian insurance company OOO "TechAtomProm" (“Target”). The market The transaction related to the personal insurance markets in the (...)

The French Minister of Economics cleared with remedies a merger in the retail sector subject to outlets divestment and commitment not to expand or open new outlets (Vivarte / Défi Mode)
French Competition Authority (Paris)
The operation In this case, the Minister cleared the acquisition of Vivarte and Défi Sport with remedies. Both companies are retailers of clothes. The market(s) The relevant market is the retail market of low-cost clothes. The geographic dimension of the market is local. Remedy 1 Divestment (...)

The Belgian Competition Council lifts a must offer obligation previously imposed to a TV operator as a merger remedy (Telenet Bidco / Canal+)
Leuven University
Background information The decision at hand of the Belgian Competition Council, concerning the request for the revision of the conditions imposed on NV Telenet Bidco (now NV Telenet) as a result of its acquisition of (the Flemish pay TV activities of) NV Canal + in 2003, is one of the elements (...)

The Belgian Competition Council abolishes one of the conditions imposed in the context of a merger clearance in the markets of cable infrastructure and pay television channels, related to the obligation on the acquirer - a cable operator - to make available the premium content pay television channel on alternative infrastructures (Telenet Bidco / Canal+)
Freshfields Bruckhaus Deringer (Hong Kong)
The operation At the request of the acquirer, a cable operator, the Belgian Competition Council abolishes one of the conditions imposed in the context of a merger clearance in the markets of cable infrastructure and pay television channels. The Competition Council’s review concerned the (...)

The Swiss Competition Commission cleared a merger in the food retailing sector subject to remedies, including the selling of a certain number of stores, the abolishing of exclusive supply agreements and a prohibition on merging with any other food retailing companies in Switzerland (Coop / Carrefour)
NERA (Berlin)
The operation On 17 March 2008, the Swiss Competition Commission (WEKO) cleared, in a second stage decision, the acquisition by Coop of Carrefour’s stores in Switzerland (12 existing and 2 planned hypermarkets), which in Switzerland were run by Distributis SA (jointly owned by Carrefour and (...)

The Finnish Market Court overrules the NCA’s conditional merger clearance in the electricity sector after completion of the transaction subject to conditions (Fortum Power-Heat / E.ON Finland Oy)
Roschier (Helsinki)
In June 2006, the FCA cleared Fortum Power and Heat Oy’s (“Fortum”) acquisition of E.ON Finland Oy (“E.ON”) subject to certain structural and behavioral conditions. The requirement of conditions by the FCA was materially based on the view of the FCA that the market for the production and wholesale (...)

The Russian NCA cleared a merger in the beer sector with behavioural remedies, including notification on future price increase (Baltic Beverages Holding / Carlsberg)
Clifford Chance (Moscow)
The operation The brewing company Carlsberg A/S (“Acquirer”) applied for clearance to acquire indirect control over the Russian brewing compay OAO "Pivovarennaya kompaniya Baltika" (“Target”) through acquisition of a 50% stake in Baltic Beverages Holding AG. The market The transaction related to (...)

The UK Competition Commission clears a merger in the market for terrestrial broadcast transmission services subject to extensive behavioural undertakings (Macquarie / National Grid Wireless)
NERA (London)
The operation On 11 March 2008, the Competition Commission cleared the merger between Macquarie UK Broadcast Ventures Limited (MUKBV) and National Grid Wireless Group (NGW), subject to an extensive set of behavioural remedies. The acquisition was completed on 3 April 2007. MUKBV is the owner (...)

The Swiss Competition Commission approved a merger in the agricultural products sector subject to remedies prohibiting the imposition of purchase or exclusivity terms on any undertaking active in the agricultural sector in Switzerland (Fenaco / Steffen-Ris)
NERA (Berlin)
The operation On 13 March 2008 the Swiss Competition Commission (WEKO), in a Stage 2 decision, cleared a merger between Fenaco and Steffen-Ris subject to remedies. Fenaco and companies controlled by Steffen-Ris are active in the markets for agricultural products. Fenaco is among the main (...)

The Spanish Competition Commission clears in Phase II a merger subject to behavioural remedies in the elevators sector (Orona Sociedad Cooperativa / Ascensores Gastéiz)
Cleary Gottlieb Steen & Hamilton (Brussels)
On 9 August 2007, Orona Sociedad Cooperativa (“Orona”) notified to the Servicio de Defensa de la Competencia, the acquisition of sole control of Ascensores Gastéiz S.L. The transaction was notified before the entry into force of the new Competition Act 15/2007 (the “Competition Act”) and therefore (...)

The Spanish NCAs cleared in phase II a merger in the elevator sector subject to granting customers contracts termination rights and disclosing future contract information of the target (Orona / Ascensores Gasteiz)
PwC (Madrid)
The operation The operation involved the acquisition of Ascensores Gasteiz by the Orona group, by purchasing 100% of the equity of Ascensores Gasteiz. The Orona group comprised thirteen companies with activities in the production, sales, installation, maintenance and repairing of elevators in (...)

The Turkish Competition Authority cleared a privatisation in the phosphate rock market subject to limitation of production (Toros)
Esin (Istanbul)
The operation This transaction consists of the privatization by way of sale and granting the operation rights of the phosphate rock business of Sumer, which is being operated in Mazidagi Phosphate Facilities of Sumer. Sumer is a state-owned company which is active in a wide range of (...)

The European Commission conditionally clears a merger between two global providers of financial information (Thompson, Reuters)
DG COMP (Brussels)
"The Thomson/Reuters merger investigation: a search for the relevant markets in the world of financial data"* I. Introduction On 19 February 2008, after an in-depth investigation, the Commission cleared the Thomson/Reuters merger transaction subject to commitments. The case concerns the (...)

The Turkish Competition Authority cleared an acquisition in the private hospitals market subject to limitation of the non-compete obligation (Ozel Maya-Sevgi Saðlýk-Ten Medikal-Gürler Medikal / Þafak)
Esin (Istanbul)
The operation Safak SPV will hold 60% of the shares of Safak Holding. Safak SPV is indirectly controlled by The Julius Baer Group, Amber Master Fund SPC and Deutsche Investitions-und Entwicklungsgesellschaft mbH (“DEG”) through Þafak Investors LP. Safak Investors LP is established for the (...)

The Turkish Competition Authority cleared a merger in the wholesale of commodity polymers market subject to limitation of the non-competition clause (NTC - Itochu Holland)
Esin (Istanbul)
The operation Itochu was established in Japan. Itochu is the parent company of Itochu Group which is active in various business lines all over the world. Main activity fields of Itochu Group are textile, machinery, automotive, aviation, energy, metal and minerals, chemicals, food and (...)

The Icelandic Competition Authority cleared a joint venture in the credit card sector subject to remedies, including conditions on board membership and the exchange of information (Kaupthing/Einkaklubburinn-Ekort)
PwC (Reykjavik)
The operation On 24 September 2007, Kaupthing bank notified the Icelandic Competition Authority (ICA) of its proposed acquisition from SPRON bank of 49% of the share capital of Einkaklubburinn ehf (now Ekort). The agreement between SPRON and Kaupthing was structured to lead to Kaupthing (...)

The UK Secretary of State for Business, Enterprise & Regulatory Reform acts in accordance with the recommendations of the UK Competition Commission, thus requiring the partial divestment of remedies in a TV broadcasting investment case (BSkyB / ITV)
NERA (London)
The operation British Sky Broadcasting Group plc (BSkyB) is a holding company for subsidiaries that operate principally in activities relating to television broadcasting and retailing in the UK and Ireland (for example, direct-to-home pay subscription satellite television). BSkyB is also (...)

The French Directorate for Competition clears an acquisition in the press and media sector, subject to conditions addressing conglomerate concerns (LVMH / Les Echos)
Van Bael & Bellis (Brussels)
On 25 January 2008, the French Directorate for Competition, Consumption and Combating Fraud (DGCCRF) published two decisions conditionally clearing separate transactions in the press and media sector. The first decision concerned the acquisition of the French financial daily newspaper Les (...)

The French Directorate for Competition clears an acquisition in the press and media sector, subject to conditions addressing conglomerate concerns (Hersant Média Group, Lagardère)
Van Bael & Bellis (Brussels)
On 25 January 2008, the French Directorate for Competition, Consumption and Combating Fraud (DGCCRF) published two decisions conditionally clearing separate transactions in the press and media sector. The second decision concerned the acquisition by Hersant Média Group (HMG) of several (...)

The Russian NCA cleared a merger in the aluminium cans and caps market with remedies, including an investement obligation of EUR 690 M in the target’s production facilities (Rostar-Vsevolzhsk / Rexam Beverage Can)
Clifford Chance (Moscow)
The operation The aluminium packaging manufacturer Rexam Beverage Can Holdings B.V. ("Acquirer") applied for clearance of the proposed acquisition of the entire voting capital of the aluminium can and cap manufacturers OOO "Rostar" and OOO "Rostar-Vsevolzhsk". ("Target") The market The (...)

The French Minister of Economics clears a merger in the sector of mobile telephony products and services, including divestiture and behavioural commitments (France Telecom/Compagnie Européenne de Télévision)
University Paris II Panthéon‑Assas
The operation By a letter dated 4 January 2008, the French Minister of Economy, Finance, and Employment authorised a merger between two compagnies specialised in photography and mobile telephony products and services : France Telecom SA and Compagnie Européenne de Téléphonie SA (para. 1.1) (...)

The Turkish Competition Authority cleared a merger in the shopping malls real estates market subject to limitation of the non-competition clause duration (AVM - Mfi Arcaden)
Esin (Istanbul)
The operation Mfi Management für Immobilien AG, which is the parent company of Mfi Arcaden, is one of Germany’s leading management companies for the development and operation of downtown shopping arcades. It offers any relevant service across the entire real estate life cycle as a one-stop (...)

The Lithuanian Competition Council cleared an acquisition in the wholesale and retail markets of distribution of press with certain structural and behavioural remedies (Rautakirja/Impress Teva)
Vodafone (Istanbul)
The operation By a decision dated 29 December 2007, the Lithuanian Competition Council authorized in phase II the acquisition by Rautakirja OY (« Rautakirja ») of 100 % shares of UAB Impress Teva (« Impress Teva »), increasing the shareholding from 51 % to 100 % and acquiring a single control (...)

The Lithuanian Competition Council clears a concentration in the press distribution market subject to strict remedies (Rautakirja - Impress Teva)
Raidla Lejins & Norcous
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Valiunas Ellex (Vilnius)
On 11 January 2008, the Competition Council of the Republic of Lithuania (hereinafter the “Competition Council”) conditionally cleared the acquisition of sole control in Impress Teva UAB (hereinafter “Impress Teva”), of Lithuania, by Rautakirja Oy (hereinafter “Rautakirja”), of Finland. Prior to the (...)

The Turkish Competition Authority cleared a merger in the medical devices markets subject to limitation of the non-compete obligation (GE-AMS)
Esin (Istanbul)
The operation GE is a publicly held company that the shares of GE are being traded on New York, Boston and London Stock Exchanges. GE consists of six business lines which are GE Infrastructure, GE Industrial, GE Commercial Finance, NBC Universal, GE Healthcare and GE Money. The contemplated (...)

The Portuguese Competition Authority clears a merger in the food and fuel retail distribution markets with remedies, including limitation and reduction of sale areas and not to apply for new licences (Sonae / Carrefour)
PLMJ (Lisbon)
The operation Sonae Distribuição (Sonae) is a sub-holding of the Sonae Group which operates in food and non-food retail markets. Carrefour Portugal (Carrefour) is a company of the Carrefour Group which operates in food retail markets. Sonae proposed acquiring 99,8648% of Carrefour issued share (...)

The Portuguese Competition Authority clears in Phase I with behavioural and structural remedies a merger in the large food retail distribution sector (Sonae / Carrefour)
Uria Menéndez (Lisbon)
On 27 December 2007, the Portuguese Competition Authority (the “AdC”) adopted a merger control decision according to Law 18/2003 of 11 June (the Portuguese Competition Act), providing clearance to the envisaged acquisition of sole control over Carrefour’s hypermarket chain in Portugal (...)

The Austrian Federal Competition Authority clears with remedies the creation of a joint venture in the market for recycling cooling appliances (UFH / Remondis)
NERA (Berlin)
The operation UFH Holding GmbH (UFH) is based in Vienna, Austria and is active in the market for collecting and recovering raw materials from waste and in particular collecting and recovering electrical and electronic appliances. Remondis Electrorecycling GmbH (Remondis) is a world-wide waste (...)

The French Minister of Economy requires in Phase I important remedies to address concerns of bundling in a merger of newspapers and magazines publishers (LVMH / Les Echos)
RBB Economics (Brussels)
On 19 December 2007 the French Minister of Economy, Finance and Employment (hereafter “the Minister”) cleared, after a “Phase I” investigation, the acquisition by the group LVMH of Les Echos S.A., publisher of the leading business newspaper Les Echos and of magazines specialised in economic and (...)

The Lithuanian Competition Council conditionally clears in phase II a merger in the wholesale market for transmission of television signals and retail multi channel subscription television market (TEO LT/Nacionalinë skaitmeninë televizija)
Vodafone (Istanbul)
The operation By a decision dated 13 December 2007, the Lithuanian Competition Council authorized in phase II the acquisition by TEO LT AB (« TEO LT ») of 100 % shares of UAB Nacionalinë skaitmeninë televizija (« Nacionalinë skaitmeninë televizija ») . The market(s) The relevant markets have been (...)

The French Minister of Economics clears a merger in the sector of regional press with remedies, including bundling prohibition (GHM/Lagardère)
University Paris II Panthéon‑Assas
The operation By a letter dated 7 December 2007, the French Minister of Economy, Finance, and Employment authorised the merger between two companies in the sector of daily and weekly regional press and Internet : Groupe Hersant Media (hereinafter « GHM ») and Groupe Lagardère (hereinafter « (...)

The Norwegian Competition Authority approved with behavioural remedies a merger in the chickens for slaughter market (Nortura/Hå Rugeri)
Bull Årstad (Stavanger)
The operation On 25 April 2007, the Norwegian Competition Authority (NCA) was notified 之f the acquisition by Nortura BA of 51% of the shares of Hå Rugeri AS. Nortura is a co-operative owned by approximately 30,000 farmers. Nortura is organized as a group with several subsidiary companies and (...)

The Latvian Competition Council cleared a merger in the sugar distribution market subject to behavioural remedies (Danisco Sugar and Jelgavas Cukurfabrika)
Cobalt Legal (Riga)
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Cobalt Legal (Riga)
The operation On 27 July 2007 the Competition Council received a Merger Notification submitted by Danisco Sugar AS (hereinafter - Danisco Sugar) and Jelgavas Cukurfabrika AS (hereinafter- Jelgavas Cukurfabrika) on a merger between Danisco Sugar and Jelgavas Cukurfabrika. Danisco Sugar would (...)

The Swiss Competition Commission approved a merger in the retail sector subject to remedies, including the elimination of exclusivity clauses in supply contracts and an independent commercial strategy for one of the target’s businesses (Coop/Fust)
NERA (Berlin)
The operation Coop is the second largest retail group in Switzerland. Dipl. Ing. Fust AG (“Furst”) is a high-street retailer of electrical goods and appliances. Following a Stage 2 investigation, the Swiss Competition Commission (WEKO) cleared the merger subject to remedies on 21 November (...)

The French Minister of Economy authorizes the creation of a quasi-monopoly on the markets of exhibition site management and organisation of trade exhibitions following 25 years duration remedies concerning, inter alia, increase of services (Unibail Holding / CCIP)
Imerys
By a letter dated 13 November 2007, the French Minister of Economy, Finance, and Employment (the Minister) following the French Competition Council’s opinion dated 26 September 2007, decided to authorize the project of the merger between the trade exhibitions and conferences activities of CCIP (...)

The French Minister of Economy approves a concentration in the sector for organization of fairs and shows subject to phase II undertakings (Unibail Holding / CCIP)
Darrois Villey Maillot Brochier (Paris)
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Moskvina Law
The Paris Chamber of Commerce and Industry (CCIP), among other activities, organizes fairs, shows and congresses. Unibail is a leading French commercial property investor and developer, active in shopping centers, offices, and conventions and exhibitions. The latter branch manages sites and (...)

The French Minister of Economy clears a merger in phase II in the markets of exhibition site management and organisation of trade exhibitions with remedies, including assets increase and price regulation remedies (CCIP / Unibail)
University Paris II Panthéon‑Assas
The operation By a letter dated 13 November 2007, the French Minister of Economy, Finance, and Employment authorized in phase II the merger between the trade exhibitions and conferences activities of the Industry and Trade Chamber of Paris (« CCIP ») and the Unibail holding SA (« Unibail »). The (...)

The EU Commission conditionally clears a merger in the railway sector (Deutsche Bahn / English Welsh & Scottish Railway Holdings)
J G Associates (Brussels)
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DG COMP (Brussels)
"Mergers: Main developments between 1 September and 31 December 2007"* On 6 November the Commission cleared the proposed acquisition of English Welsh & Scottish Railway Holdings (EWS) by Deutsche Bahn (DB). The Commission’s decision was subject to DB‘s undertaking to fulfil EWS‘ expansion (...)

The Portuguese Competition Authority approves a merger in the fuel sector subject, inter alia, to termination of exclusivity clause (Bensaude / Nicolau Sousa Lima)
Uria Menéndez (Lisbon)
On 23 October 2007, the Portuguese Competition Authority (the “AdC”) adopted a merger control decision according to Law 18/2003 of 11 June (the Portuguese Competition Act), providing clearance to the envisaged acquisition of sole control over the company NSL - Nicolau Sousa Lima, SGPS, S.A. (the (...)

The Portuguese Competition Authority clears a merger in the fuel retail market, amongs others, with remedies, including the cancellation of exclusivity clauses (Bensaude / Nicolau Sousa Lima)
PLMJ (Lisbon)
The operation The operation consists in the acquisition of sole control of the company NSL - Nicolau Sousa Lima, SGPS, S.A. (NSL) by the Bensaude Group, through the company Bencom - Armazenamento e Comércio de Combustíveis S.A. (“Bencom”) (para. 1.1). The markets According to the PCA’s (...)

The Icelandic Competition Authority cleared a merger in the agricultural products market, subject to remedies, mostly concerning restrictions on marketing and sales activities (Fodurblandan/KHB-Midbae)
PwC (Reykjavik)
The operation On 23 May 2007, Fodurblandan (FB) notified the Icelandic Competition Authority (ICA) that FB had acquired the goodwill, product stock and liquid assets of KHB-Midbae (KHB).FB is a company that manufactures and sells various agriculture products. KHB sells only animal feeds. On 22 (...)

The Hungarian Competition Authority conditionally clears a merger in the food sector and imposes a fine for late notification (Bács-Tak Takarmánygyártó és Forgalmazó/Kiskunhalasi Baromfifeldolgozó)
Lakatos, Köves & Partners (Budapest)
The operation Bács-Tak Kft is owned by two private persons (István Kiss and Zoltán Balogh) and its main activities are producing and distributing feed for poultry and breeding duck and broiler chicken. The main activity of Kiskunhalasi Zrt. is waterfowl (duck and goose) processing. One of the (...)

The European Commission conditionally clears a merger in the book publishing industry (Egmont/Bonnier Danish books)
J G Associates (Brussels)
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DG COMP (Brussels)
"Mergers: Main developments between 1 September and 31 December 2007"* On 15 October the Commission cleared the proposed acquisition of the Danish book publishing company Bonnier Forlagene A/S, belonging to the Swedish media group Bonnier, by Egmont of Denmark, also a media group. The (...)

The Hungarian Competition Office conditionally clears poultry processing merger (Bacs-Tak / Kiskunhalasi)
Dentons (Budapest)
On October 9, 2007, the Hungarian Competition Office’s Competition Council (the “Competition Council”) issued a ruling whereby it authorized the acquisition of control by Bács-Tak Takarmánygyártó és Forgalmazó Kft. (“Bacs-Tak”) over Kiskunhalasi Baromfifeldolgozó Zrt. (“Kiskunhalasi Zrt.”) upon the (...)

The Turkish Competition Authority cleared an acquisition in the lime market subject to limitation of the non-compete obligation (Oztüre / Carmeuse)
Esin (Istanbul)
The operation LVI Holding NV (“LVI”) controls Carmeuse’s all of the shares and its subsidiary Calsipar SA’s (“Calsipar”) 99,9% of the shares. LVI and its affiliates own facilities in Holland, Belgium, France, Luxemburg, Italy, Sweden, Turkey, Gana and USD which are active in lime and dolomite (...)