The EU Court of Justice rules on the application of Article 21 of the Merger Regulation (E.ON / Endesa)

"Application of Article 21 of the Merger Regulation in the E.ON/Endesa case"* On 21 February 2006, the German company E.ON publicly announced its intention to launch a bid for the entire share capital of the Spanish energy company Endesa. This bid was competing with a hostile bid made by Gas Natural, launched some months earlier [1]. The acquisition of Endesa by E.ON was notified to the Commission on 16 March and cleared on 25 April 2006 [2]. On 24 February 2006, the Spanish Council of Ministers adopted a new legislative measure increasing the supervisory powers of the CNE (Comision Nacional de Energia), the Spanish energy regulator. Under the new Royal Decree, E.ON‘s bid was subject to the CNE‘s prior approval. Previously, this authorisation was not required as E.ON did not carry

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Lucrezia Busa, Elisa Zaera Cuadrado, The EU Court of Justice rules on the application of Article 21 of the Merger Regulation (E.ON / Endesa), 6 March 2008, e-Competitions Bulletin Energy & Mergers, Art. N° 35266

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