The Dutch Trade and Industry Appeals Tribunal confirms the annulation of the Dutch Competition Authority’s merger decision having imposed electricity auction as remedy on the wholesale electricity market (Nuon / Reliant)

Introduction In its judgment of 28 November 2006 the Trade and Industry Appeals Tribunal (“Tribunal”) dismissed the appeal lodged by the Dutch Competition Authority (“NMa”) in the Nuon/Reliant merger case. The case started in 2003 following the imposition of structural remedies with a phase II merger clearance in the energy sector. Similar to an earlier decision by the District Court of Rotterdam, the Tribunal was very critical of the NMa's use of economic modeling in the high profile case. Background In April 2003 energy company Nuon notified the NMa of its intention to takeover the electricity producer Reliant. The Nuon/Reliant merger combined a large Dutch electricity generator and a large electricity distribution company that was also active in electricity generation in

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  • Covington & Burling (Brussels)

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Sebastian Vos, The Dutch Trade and Industry Appeals Tribunal confirms the annulation of the Dutch Competition Authority’s merger decision having imposed electricity auction as remedy on the wholesale electricity market (Nuon / Reliant), 28 November 2006, e-Competitions Bulletin Energy & Mergers, Art. N° 13250

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