The Dutch Trade and Industry Appeals Tribunal upholds the Rotterdam court’s cancellation of the Dutch NCA conditional clearance of a merger in the energy sector (Nuon / Reliant)

The acquisition by Nuon of Reliant was originally cleared by the NMa in December 2003 after a phase II investigation. The activities of Nuon and Reliant mainly overlap in regard of the production and wholesale of electricity. The NMa defined the relevant market as the market for the production and wholesale of electricity. The NMa considered this market to be of a national dimension. In both its phase I decision and its phase II decision, the NMa considered the increase in market power arising from the proposed merger would enable unilateral behaviour without any need for tacit collusion by competitors (applying the Airtours criteria for collective dominance). The NMa stated that as during peak periods production plants are working at full capacity, production cannot be increased,

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  • De Brauw Blackstone Westbroeck (Amsterdam)

Quotation

Martijn Snoep, The Dutch Trade and Industry Appeals Tribunal upholds the Rotterdam court’s cancellation of the Dutch NCA conditional clearance of a merger in the energy sector (Nuon / Reliant), 28 November 2006, e-Competitions Bulletin Energy & Mergers, Art. N° 13305

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