The EU Commission imposes a twenty million euros fine against Belgian electricity supplier for failure to notify a merger (Electrabel / CNR)

On 10 June 2009, the European Commission (EC) imposed a fine of € 20 M on Belgian electricity supplier Electrabel for implementing a merger without seeking its prior approval, in breach of the EC Merger Regulation (ECMR). This decision merits attention not only because it is one of only a handful of such decisions in Europe, but also because it serves as a reminder of several key issues often arising in EU merger reviews. In particular, the decision highlights the importance of making a careful assessment of the concept of “control,” which is the trigger for a merger notification under the ECMR. I. Electrabel's failure to notify In 2003, Electrabel purchased shares in the French electricity generator Compagnie Nationale du Rhône (CNR), with a resulting shareholding of less than 50

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

  • Linklaters (Hong Kong)
  • Cadwalader Wickersham & Taft (Brussels)
  • Bird & Bird (Brussels)

Quotation

Marcus Pollard, Vincent Brophy, Scott McInnes, The EU Commission imposes a twenty million euros fine against Belgian electricity supplier for failure to notify a merger (Electrabel / CNR), 10 June 2009, e-Competitions Bulletin Energy & Mergers, Art. N° 33785

Visites 2382

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues