Buyer power in mergers


The German Competition Authority clears a proposed purchase of up to 92 stores of a food retail sales division subject to conditions (Kaufland / Real)
University of Konstanz
Introduction In December 2020, The German Antitrust Authority has conditionally authorized the purchase of up to 92 stores of the food retail sales division of Real by Kaufland. The decision exemplifies how to correctly deal with economic idiosyncrasies of buyer power in merger analysis. The (...)

The Australian Competition Authority outlines preliminary competition concerns over supermarket chain’s acquisition of food service distributor (Woolworths / PFD)
Australian Competition and Consumer Commission (Canberra)
Preliminary competition concerns over Woolworths’ PFD acquisition* The ACCC has outlined preliminary competition concerns with Woolworths’ (ASX: WOW) proposal to acquire 65 per cent of PFD Food Services. PFD is a wholesale food distributor, purchasing a wide range of food products from (...)

The EU Commission clears acquisition of large specialised refiner of copper scrap by the world’s largest refiner of copper scrap (Aurubis / Metallo)
DG COMP (Brussels)
Mergers: Commission clears Aurubis’ acquisition of Metallo* The European Commission has approved, under the EU Merger Regulation, Aurubis’ acquisition of Metallo, a large copper scrap refiner. The Commission concluded that the merger would not adversely affect competition in the European (...)

The German Competition Authority clears a merger in the market of processed meat and sausages products (Reinert / Kemper)
German Competition Authority (Bonn)
Processed meat and sausage producers Kemper and Reinert can merge* The Bundeskartellamt has today cleared the merger between the Reinert Group (H. & E. Reinert Holding GmbH & Co. KG) and the Kemper Group (H. Kemper GmbH & Co. KG /P.F.C. Pro Food Company GmbH & Co. KG). The (...)

The Irish Competition Authority clears, subject to a divestment remedy, an acquisition between two companies in the rental and maintenance of flat linen to customers in the healthcare and hospitality sectors (Elis / Kings Laundry)
Trinity College Dublin
Introduction 1. On 8 July 2019 the Competition and Consumer Protection Commission (CCPC), Ireland’s competition agency, cleared the acquisition by Berendsen Ireland Limited (Berendsen), ultimately controlled by Elis S. A. (Elis), of Kings Laundry Limited (Kings Laundry), subject to a divestment (...)

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

The Turkish Competition Authority conditionally approves an acquisition of sole control in the market for passive hydraulic actuators, subject to the commitments submitted before the European Commission (Valeo / FTE)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case summary concerns an analysis of the Board’s Valeo/FTE Group decision, pertaining to the acquisition of sole control over FTE Group Holding GmbH (“FTE Group”) by Valeo Holding GmbH (“Valeo Germany”). The Board resolved that the transaction would result in a horizontally affected market in (...)

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

The Chinese MOFCOM conditionally clears a merger in the market of production and sale of beer (AB InBev / SABMiller)
Hogan Lovells (Beijing)
University of Melbourne
China Competition Bulletin (Beijing)
On 29 July 2016, AB InBev’s acquisition of SABMiller was conditionally approved by the MOFCOM. With the acquisition, AB InBev acquires SABMiller’s 49% interest in CR Snow. When Anheuser-Busch acquired InBev back in 2008, the MOFCOM approved that acquisition on the condition that, inter alia, if (...)

The EU Commission clears acquisition between two automotive component manufacturers in the markets for plastic front bumpers, rear bumpers, and front end modules, subject to conditions (Plastic Omnium / Faurecia)
DG COMP (Brussels)
DG COMP (Brussels)
Freshfields Bruckhaus Deringer (Paris)
Plastic Omnium/Faurecia Exterior Business: The use of delivery distances in defining the geographic market and how supplyside concentration cancels out buyer power* In a nutshell: An in-depth assessment of the customers’ sourcing behaviour and of the Parties delivery distance allowed the (...)

Buyer power in merger control: An overview of EU and national case law
University of Oxford - Centre for Competition Law and Policy
Queen Mary University (London)
Considerations relating to buyer power have taken on a central role in economic literature and policy discussions. The topic is a complex one, not only because economic theory offers diverse approaches and classifications to buyer power, but also because the intensity of policy debate does not (...)

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