Market definition in mergers

Mergers

The UK Competition Authority publishes its revised Merger Assessment Guidelines
Bird & Bird (London)
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Bird & Bird (London)
In March 2021, the Competition & Markets Authority (CMA) published its revised Merger Assessment Guidelines (MAGs) along with a Quick Guide, complementing the revision of its Guidance on jurisdiction and procedure, which was published in December 2020. The updated MAGs underpin the CMA’s (...)

The UK Competition Authority publishes its revised Merger Assessment Guidelines along with a quick guide complementing the revision of its Guidance on jurisdiction and procedure
Bird & Bird (London)
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Bird & Bird (London)
In March 2021, the Competition & Markets Authority (CMA) published its revised Merger Assessment Guidelines (MAGs) along with a Quick Guide, complementing the revision of its Guidance on jurisdiction and procedure, which was published in December 2020. The updated MAGs underpin the CMA’s (...)

The UK Competition Authority publishes the revised Merger Assessment Guidelines
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (London)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
The U.K.’s Competition & Markets Authority (CMA) has released new merger assessment guidelines that confirm the U.K. regulator’s intensified approach to merger control. The guidelines largely codify the CMA’s recent output, which includes record-high numbers of prohibitions and deal (...)

The Finnish Competition Authority secures its second merger block in 2020 as €360 million healthcare deal is abandoned during the Market Court proceeding (Mehiläinen / Pihlajalinna)
White & Case (Brussels)
An exceptional year in Finnish merger control came to an end on 29 December 2020 when the Finnish Market Court announced its decision concerning the Finnish Competition Authority’s (the FCCA) proposal to prohibit the merger between healthcare firms Mehiläinen and Pihlajalinna. After the oral (...)

The Chinese SAMR promulgates the Anti-monopoly Guidelines for intellectual property rights providing a more detailed analytical framework for monopoly agreements and abuse of dominant position
King & Wood Mallesons (Beijing)
In 2020, SAMR promulgated the Anti-monopoly Guidelines for Intellectual Property Rights, i.e. IP Guidelines, which provide a more detailed analytical framework for monopoly agreements and abuse of dominant market position involving intellectual property: Definition of relevant market: The IP (...)

The German Competition Authority clears the business-to-consumer side of a Phase II merger of furniture stores, subject to conditions and subject to clearance of the business-to-business side of the merger by the EU Commission (XXXLutz / Tessner group)
German Competition Authority (Bonn)
Bundeskartellamt clears merger of XXXLutz and the Tessner group (Roller, tejo’s, Schulenburg) only subject to conditions* Following an in-depth examination the Bundeskartellamt has cleared the planned acquisition by Mann Mobilia Beteiligungs GmbH, based in Würzburg (part of the Austrian XXXLutz (...)

The Italian Administrative Court annuls fines imposed by the Competition Authority for an alleged automotive financial services cartel (Banca / Banque PSA / Santander Consumer Bank / BMW Bank...)
Van Bael & Bellis (Brussels)
On 24 November 2020, the Italian Regional Administrative Court for Lazio (“IRAC”) annulled a decision issued by the Italian Competition Authority (“ICA”) in the automotive financial services cartel case in which a total fine of € 678 million was imposed (“Decision”). On 20 December 2019, the ICA had (...)

The UK Competition Authority opens consultation on revised merger assessment guidelines
Morgan Lewis (London)
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Morgan Lewis (London)
The UK Competition and Markets Authority published for consultation updated guidelines setting out its approach to analysing mergers on 17 November. The guidelines update the current merger assessment guidelines (CC2/OFT1254), which date back to 2010, in order to reflect developments in the (...)

The UK Competition Authority launches consultation on revised merger assessment guidelines
Skadden, Arps, Slate, Meagher & Flom (London)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Following its review of a series of global deals in the digital markets space, the U.K.’s Competition & Markets Authority (the CMA) has launched a consultation on revised merger assessment guidelines (the draft guidelines) codifying its evolving practice in the digital sector and addressing (...)

The Chinese SAMR issues antitrust guidelines for the platform economic industry
King & Wood Mallesons (Beijing)
10 Highlights of the Antitrust Guidelines for Platform Economy* On 10 November, the Anti-Monopoly Bureau of the State Administration for Market Regulation (“SAMR”) issued the Antitrust Guidelines for the Platform Economic Industry (draft for comments) (“Platform Guidelines”). [1] The release of (...)

The Indian Competition Authority receives an anonymous complaint on alleged dominance by a Big Tech company through the Android ecosystem (Google)
National University of Study and Research in Law (Ranchi)
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National University of Study and Research in Law (Ranchi)
Introduction Pursuant to the scrutiny of WhatsApp over allegation of abusive dominance regarding its Payment app, the Competition Commission of India (CCI) warranted a detailed investigation against Google to monitor its anti-competitive practices over multiple facets including a violation of (...)

The EU Commission takes note of the General Court’s judgment confirming its decision to prohibit an acquisition in the construction sector in Hungary and Croatia (HeidelbergCement / Schwenk Zement / Cemex)
DG COMP (Brussels)
Mergers: Commission takes note of General Court judgment in HeidelbergCement/Schwenk/Cemex Hungary/Cemex Croatia merger case* The European Commission takes note of the judgment of the General Court, which confirms the Commission’s decision prohibiting the acquisition by HeidelbergCement and (...)

The French Competition Authority issues an opinion on the analysis of the fixed broadband and superfast broadband wholesale markets
French Competition Authority (Paris)
The Autorité de la concurrence has issued an opinion to Arcep as part of the cycle of analysis of the fixed broadband and superfast broadband wholesale markets* Background Arcep requested the opinion of the Autorité de la concurrence on five draft decisions adopted by Arcep as part of the sixth (...)

The UK Competition Authority blocks window covering company’s completed acquisition of a competitor (Hunter Douglas / 247 Home Furnishings)
Van Bael & Bellis (Brussels)
On 14 September 2020, the UK’s Competition and Markets Authority (“CMA”) ordered the blinds supplier Hunter Doug- las to sell off its majority stake in 247 Home Furnishings, which also sells blinds. The CMA found that the deal, which had already been completed, would substantially lessen (...)

The Singapore Competition Authority publishes its findings and recommendations from its market study on e-commerce platforms
Ashurst (Sydney)
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Ashurst (Singapore)
On 10 September 2020, the Competition and Consumer Commission of Singapore ("CCCS") published its findings and recommendations from its market study on e-commerce platforms. While the market study did not identify any significant competition concerns in the sector, the CCCS has concurrently (...)

The Singapore Competition Authority publishes a market study on e-commerce platforms
Bird & Bird (Singapore)
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Bird & Bird (Singapore)
Digital platforms have experienced significant growth and popularity in Singapore in recent years and COVID-19 has accelerated its proliferation. The rapid pace of innovation and broad adoption of these platforms have raised significant competition concerns both local and abroad. In September (...)

The EU Court of Justice rules that the provision of Italian law preventing a media company from acquiring 28% of the capital in competitor as a measure of protecting pluralism of information is contrary to EU law (Vivendi / Mediaset)
European Court of Justice (Luxembourg)
The provision of Italian law preventing Vivendi from acquiring 28% of the capital in Mediaset is contrary to EU law* That provision constitutes a prohibited impediment to the right of establishment as it is not appropriate for achieving the objective of protecting pluralism of information. (...)

The EU Court of Justice rules that a restriction imposed by Italian law on acquisitions in the broadcasting and audiovisual sectors is contrary to EU Law (Vivendi / Mediaset)
Ashurst (Brussels)
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Ashurst (Milan)
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Ashurst (Brussels)
On 3 September 2020, the European Court of Justice ("ECJ") ruled that a restriction imposed by an Italian law on acquisitions in the broadcasting and audiovisual sectors is contrary to the fundamental EU law principle of the freedom of establishment enshrined in Article 49 of the Treaty on the (...)

The Romanian Government launches a draft law on the authorisation of 5G technology manufacturers with the potential exclusion of certain foreign businesses based on national security grounds resulting in decreased competition in an already oligopolistic market
Maravela, Popescu & Asociatii (Bucharest)
1. Background The Ministry of Transportation, Infrastructure and Communications launched on August 4, 2020 a draft law on measures relating to information and communication infrastructures of national interest and the conditions for the implementation of 5G networks (the “Draft Law”). The Draft (...)

The EU Commission opens public consultation on the market definition Notice used in EU competition law and whether an update is required
DG COMP (Brussels)
Competition: Commission consults stakeholders on the Market Definition Notice* The European Commission has published today a public consultation on the Market Definition Notice used in EU competition law. The open questionnaire will contribute to the Commission’s evaluation of the Notice to (...)

The EU Commission undertakes a review of the market definition notice
DG COMP (Brussels)
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Shearman & Sterling (Brussels)
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Shearman & Sterling (London)
In her first speech upon being reappointed as Competition Commissioner, Commissioner Vestager announced that a review would be undertaken of the Commission’s Market Definition Notice (the “Notice”); the consultation on that review closed Friday, October 9th. The Notice is an important document in (...)

The EU Commission conditionally clears pandemic-related package aid to a German airline company (Lufthansa) Free
Giannino SI (Monserrato)
Introduction Applying its Temporary Framework, the European Commission (EC) has conditionally authorized a rescue package granted by German to Lufthansa to cover financial losses resulting from the Covid-19 crisis. Conditions for the approval of tge proposed bail out included, among other (...)

The German Federal Court of Justice preliminarily confirms that an online platform abused its dominant position on the German market of social networks (Facebook)
Van Bael & Bellis (Brussels)
On 23 June 2020, the German Federal Court of Justice (“FCJ”), in summary proceedings, preliminarily confirmed the finding of the Federal Cartel Office (“FCO”) that Facebook had abused its dominant position. It overturned the decision of the Higher Regional Court of Düsseldorf that had suspended the (...)

The German Federal Court of Justice confirms an abuse of dominance over data collection by an online platform without the user’s explicit consent (Facebook)
Bird & Bird (Dusseldorf)
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Bird & Bird (Dusseldorf)
The Federal Court of Justice (FCJ) rejected Facebook’s application for suspensive effect in connection to its appeal to the Higher Regional Court of Düsseldorf against the decision of the Federal Cartel Office (FCO) prohibiting Facebook from collecting and processing Facebook users’ data generated (...)

The German Federal Court of Justice overturns the Düsseldorf Court of Appeals’ interim decision and finds an online social media platform to have abused its power in collecting data from different sources (Facebook)
Cleary Gottlieb Steen & Hamilton (Cologne)
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Cleary Gottlieb Steen & Hamilton (Cologne)
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Cleary Gottlieb Steen & Hamilton (Cologne)
On June 23, 2020, the Federal Court of Justice (“FCJ”) overturned the Düsseldorf Court of Appeals’ (“DCA”) interim decision and rejected Facebook Inc.’s (“Facebook”) request to suspend the enforceability of the Federal Cartel Office’s (“FCO”) prohibition decision. The FCJ disagreed with the FCO’s (...)

The French Competition Authority publishes a study on competition and e-commerce
Court of First Instance of Namur (Namur)
On 5 June 2020, the French Competition Authority (“FCA”) published a study on competition and e-commerce. The study highlights that digital technologies have considerably changed the commerce and distribution landscape. Many offline retailers are now marketing their products and services online (...)

The French Competition Authority publishes its study on competition and e-commerce
French Competition Authority (Paris)
The Autorité has published a study on competition and e-commerce* The growth of e-commerce is profoundly changing distribution. The physical distribution model is facing strong competition from the growth of online sales, which may be the result of “pure play” online retailers and strategies (...)

The French Competition Authority launches public consultation on the freedom of establishment of notaries that will account for effects of the COVID-19 pandemic on the activity of notaries Free
French Competition Authority (Paris)
New opinion on the freedom of establishment of notaries: the Autorité launches a consultation* The Autorité de la Concurrence launches a public consultation with a view to preparing a new opinion on the freedom of establishment of notaries and proposing a revision of the map that was published (...)

The EU General Court annuls the Commission’s decision prohibiting an oligopolistic merger between two mobile network operators in the telecommunication sector on the basis that it did not result in the creation or strengthening of a dominant position (Telefónica UK / Hutchison 3G UK)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
On 28 May 2020 the General Court handed down its ruling in CK Telecoms UK Investment Ltd v European Commission (Case T-399/16) in which it annulled the EU Commission’s decision which prohibited the proposed acquisition by CK Hutchison Holdings Ltd (Hutchison) of Telefónica Europe plc (O2). The (...)

The US DoJ moves to vacate its loss in a booking services market acquisition decision on the basis that the competition effects may heighten the agencies’ burden of proof and merger enforcement (Sabre / Farelogix)
Baker Botts (Washington)
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Baker Botts (Washington)
On May 12, 2020, the Department of Justice moved the U.S. Court of Appeals for the Third Circuit to vacate the U.S. District Court for the District of Delaware’s U.S. v. Sabre Corp. opinion. In an opinion released on April 7, the court rejected DOJ’s challenge to the proposed merger of Sabre and (...)

The French Competition Authority clears merger in the conference organization markets (Europa Group / Comexposium)
French Competition Authority (Paris)
The Autorité clears the takeover of the group Europa by Comexposium* The Autorité de la concurrence has examined the proposed acquisition of full control of the group Europa, which is active in the organisation of conferences and other events sector, by Comexposium. The parties to the (...)

The Spanish Competition Authority clears merger of travel agencies (Barceló / Globalia) Free
Spanish Competition Authority (Madrid)
The CNMC authorises Barceló to purchase Globalia’s travel agency business* The CNMC has authorised, in the first phase, Barceló to acquire exclusive control of Globalia’s travel agency business. We do not anticipate this operation to have any adverse effects on competition in the markets affected (...)

The French Competition Authority clears without commitments a multidisciplinary healthcare group’s takeover of a mental health services group (Orpea group / Sinoué group)
French Competition Authority (Paris)
The Autorité de la concurrence clears, without commitments, the acquisition of sole control of Sinoué group by Orpea group* On 20 March 2020, the Orpea group notified the Autorité de la concurrence of its plan to acquire sole control of the Sinoué group. Parties to the transaction The Orpea (...)

The EU Commission launches a consultation for the review of the 1997 Notice on the definition of the relevant market
Court of First Instance of Namur (Namur)
On 3 April 2020, the Commission launched a six-week consultation on its roadmap for the review of the 1997 Notice on the definition of the relevant market for the purposes of Community competition law (the “Market Definition Notice”). Overall, the review aims at determining whether the Market (...)

The US DoJ challenges a merger that highlights key considerations for antitrust reviews of aerospace and defence industry transactions (United Technologies / Raytheon)
McDermott Will & Emery (Washington)
The DOJ Antitrust Division’s recent challenge to the United Technologies/Raytheon merger highlights a few key considerations for antitrust reviews of aerospace and defense industry transactions. The case is a useful illustration of important principles applicable to this unique industry. IN (...)

The Hungarian Competition Authority reopens a previously approved acquisition between two telecommunication players on the basis that the parties submitted false and misleading data during the notification and approval procedure (Invitel / GVH)
Bird & Bird (Budapest)
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Bird & Bird (Budapest)
The Hungarian Competition Authority (GVH) finally approved the acquisition of Invitel by DIGI, both significant players on the Hungarian telecoms market. However, with with a complex remedies package as published on 18 March 2020 (Vj/42/2018). As we already reported, the approval of the merger (...)

The French Competition Authority clears a merger in the insurance market (Macif / Aésio)
French Competition Authority (Paris)
The Autorité de la concurrence clears the merger of the Macif and Aésio insurance groups* On 7 February 2020, the Macif and Aésio groups notified the Autorité de la concurrence of their planned merger. Parties to the transaction The MACIF group is a French insurance group active mainly in the (...)

The UK Court of Appeal considers the test for excessive pricing after an undertaking had charged unfairly high prices for phenytoin sodium capsules (Pfizer / Flynn)
Bristows (London)
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Bristows (London)
Introduction In December 2016, the UK’s Competition and Markets Authority (CMA) found that Pfizer and Flynn had charged unfairly high prices for phenytoin sodium capsules, an important anti-epilepsy drug, in breach of competition law. The CMA imposed fines totalling £90 million. Pfizer and Flynn (...)

The UK Court of Appeal seeks to reinstate record fines totalling £89.4million imposed on pharmaceutical companies for abuse of dominant position through excessive and unfair pricing of an anti-epilepsy drug (Pfizer / Flynn)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
On 10 March 2020 the UK Court of Appeal handed down its hotly anticipated judgment in Flynn Pharma Limited & Anr vs Competition and Markets Authority. The UK Competition and Markets Authority (CMA) was seeking to reinstate record fines totalling £89.4m imposed on pharmaceutical companies (...)

The UK Court of Appeal imposes agency discretion in the methodology to establish the unfairness of prices, thereby increasing the burden of proof on companies to avoid a finding of excessive pricing (Flynn / Pfizer)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
The UK Court of Appeal Overturns the CAT & Imposes Agency Discretion on Excessive Price Benchmark* On March 10, 2020, the England and Wales Court of Appeal (CoA) handed down a significant ruling that reintroduces agency discretion in the methodology used to establish the unfairness of (...)

The UK Court of Appeal upholds the ruling of the Competition Appeal Tribunal in its schemes governing suppliers’ access to its infrastructure (Network Rail / RISQS)
Ashurst (London)
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Ashurst (London)
The Court of Appeal on 5 March 2020 handed down a judgment upholding the ruling of the Competition Appeal Tribunal ("CAT") of July 2019 which found Network Rail had infringed the Chapter I and II prohibitions of the Competition Act 1998 by requiring, in its schemes governing suppliers’ access to (...)

The German Competition Authority clears a merger in the market for manufacturing chocolate and nougat spreads (Krüger Group / Peeters)
German Competition Authority (Bonn)
Chocolate and nougat spreads – Merger between Krüger Group and Peeters cleared* Bonn, 2 March 2020: The Bundeskartellamt has cleared the acquisition of the Dutch Peeters group, a manufacturer of chocolate and nougat spreads, by Wilhelm Reuss GmbH, a member of the Krüger Group based in (...)

The Chinese State Administration for Market Regulation releases auto antitrust guidelines
King & Wood Mallesons (Beijing)
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King & Wood Mallesons (Beijing)
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King & Wood Mallesons (Beijing)
China’s Auto Antitrust Guidelines Released to the Public* On 20 February 2020, in his annual review “Dedicated to Fair Competition and Serving Reform and Development – Overview of Antitrust Work in 2019”, Mr. Wu Zhenguo, the Director of the Anti-monopoly Bureau (“AMB”) of the State Administration (...)

The EU Commission unconditionally approves proposed acquisition of joint control in the telecommunications market (Prosegur Alarmas / Telefónica / Prosegur)
DG COMP (Brussels)
Mergers: Commission approves acquisition of joint control over Prosegur Alarmas by Telefónica and Prosegur* The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of joint control over Prosegur Alarmas by Telefónica and Prosegur. The (...)

The EU General Court hears an appeal for abuse of dominance in online comparison shopping services (Google)
Catholic University of Louvain
Background On 27 June 2017, the European Commission imposed a record fine of 2.42 billion euros to Google for abuse of dominant position under Article 102 TFEU consisting in self-favouring its own Comparison Shopping Service (“CSS”) by displaying it more prominently and under enriched features (...)

The Italian Competition Authority, the Communications Authority and the Data Protection Authority publish the findings of a joint sector inquiry into the field of big data
Portolano Cavallo (Milan)
On February 10, 2020 the Italian Authorities for Communications, Competition and Data Protection published the findings of a joint sector inquiry into the field of Big Data (“Investigation”), which lasted almost three years. It was launched on May 30, 2017 to study the functioning and impact of (...)

The Croatian Competition Authority clears a merger in the pay television transmission services market (Slovenia Broadband / Tele2)
Croatian Competition Agency (Zagreb)
Slovenia Broadband and Tele2 merger approved* In the assessment procedure of the concentration between the undertakings Slovenia Broadband and Tele2 the CCA took into account all relevant facts, the results of the legal and economic analysis and the effects of the vertical concentration on (...)

The EU Court of Justice clarifies the conditions under which pay-for-delay agreements preventing generic versions of a patented medicine from entering the market or delaying such entry may constitute a restriction of competition ‘by object’ or ‘by effect” as well as an abuse of dominant position (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
University of Liège
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University of Liège
On 30 January 2020, the Court of Justice of the EU (‘CJEU’) ruled on the applicability of competition law to settlement agreements between a holder of a pharmaceutical patent and manufacturers of generic medicines. In a judgment issued only a week after Advocate General Kokott delivered her (...)

The Belgian Competition Authority imposes interim measures against a sport’s association because of its anticompetitive rules (Belgian Bumper Pool Association)
Belgian Competition Authority (Brussels)
Interim measure imposed on the Belgian Bumper Pool Association concerning the bumper pool balls that may be played with in competitions and matches* At the request of HCSB BVBA (manufacturer of bumper pool balls), the Competition College of the Belgian Competition Authority (BCA) has imposed (...)

The French Competition Authority clears a merger in the newspaper market (Groupe Nice Matin / NJJ)
French Competition Authority (Paris)
The Autorité de la concurrence clears the acquisition of Groupe Nice Matin by NJJ, controlled by Xavier Niel* The Autorité de la concurrence examined the acquisition of sole control of the Nice Matin newspaper group (GNM), which publishes the Nice-Matin, Var-Matin and Monaco-Matin newspapers, by (...)

The French Competition Authority issues a study on behavioural remedies in competition law
French Competition Authority (Paris)
The Autorité de la concurrence publishes a new study on Behavioural remedies in competition law* In 2018, together with La Documentation française, the Autorité created a new collection, Les Essentiels, to further understanding of competition. After an initial study on loyalty rebates (2018), it (...)

The French Competition Authority publishes a new study on behavioural remedies in competition law
Court of First Instance of Namur (Namur)
On 17 January 2019, the French Competition Authority (“FCA”) published a new study on behavioural remedies in competition law. The study is available on the FCA’s web- site in both French and English. The assessment was carried out by comparing behavioural commitments to structural commitments (...)

The Mexican Competition Authority informs that concentration notifications may only be filed electronically
Mexican Competition Authority (Mexico City)
As of January, concentration notifications may only be filed through electronic means* As of January 24, notification of concentrations that COFECE must review by law, will only be received through the Electronic Procedure System at the Commission’s website. This measure simplifies the (...)

The Belgian Competition Authority starts a phase II investigation into the acquisition of two companies active in the sector of the production and sales of soft wheat flour (Ceres / Dossche Mills)
Bird & Bird (Brussels)
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Bird & Bird (Brussels)
At the beginning of the year, the Belgian Competition Authority ("BCA") started a second phase investigation into the acquisition of Ceres NV by Dossche Mills, two companies active in the sector of production and sales of soft wheat flour for human consumption. The main issue concerned the (...)

The French Competition Authority clears a merger in the distribution of frozen food products market (Picard Group / Zouari family/ Lion Capital)
French Competition Authority (Paris)
Distribution of frozen food products* The Autorité de la concurrence clears the joint takeover of Picard Group by the Zouari family and Lion Capital. The Zouari family, together with Lion Capital investment fund, notified the Autorité de la concurrence of its plan to acquire joint control of (...)

The US DoJ and FTC issue draft vertical merger guidelines
Baker Botts (Washington)
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Baker Botts (Washington)
Update: On February 3, 2020, the DOJ and FTC announced that the deadline for submitting public comments on the draft vertical merger guidelines has been extended to February 26, 2020. The agencies also announced two public workshops – on March 11 and March 18 – to solicit dialogue on the draft (...)

The US FTC files an administrative complaint challenging consummated acquisition and non-reportable transactions in the body-worn camera market (Axon / Safariland)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
FTC CHALLENGES AXON’S CONSUMMATED ACQUISITION OF BODY-WORN CAMERA COMPETITOR* The US antitrust regulators continue to challenge consummated transactions. On January 3, 2020, the FTC filed an administrative complaint against Axon Enterprise, Inc., challenging its consummated acquisition of (...)

The Chinese State Administration for Market Regulation releases its draft proposing amendments to the Chinese Anti-Monopoly Law
Dacheng - Dentons (Beijing)
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Dacheng - Dentons (Shanghai)
On 2 January 2020, the State Administration for Market Regulation of China (“SAMR”) released a draft of the proposed amendment to the Anti-Monopoly Law of China (“Draft Amendment”) to solicit public comments from different sectors of society. It indicates that after twelve years, at the beginning (...)

The French Competition Authority opens an in-depth investigation into a proposed merger in the petroleum product storage services market (Trapil / Pisto)
French Competition Authority (Paris)
The Autorité de la concurrence has begun an in-depth examination into the acquisition of Société des Transports Pétroliers par Pipelines (Trapil) by Pisto SAS* Acquisition of France’s largest pipeline On 5 November 2019, Pisto SAS, which is active in the petroleum product storage services (...)

The Vice-President Margrethe Vestager announces the intention to launch the review of the Commission Notice on the definition of relevant market
Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
On 9 December 2019, the Commission’s Executive Vice-President Margrethe Vestager announced the Commission’s intention to launch the review of the Commission Notice on the definition of relevant market for the purposes of Community competition law (‘the Notice’). The Notice dates back from 1997 and (...)

The Australian Competition Authority launches its first enforcement proceedings under the new ’effects test’ prohibition on misuse of market power (Tasmanian Ports)
Herbert Smith Freehills (Sydney)
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Herbert Smith Freehills (Sydney)
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Herbert Smith Freehills (Sydney)
On 6 December 2019, the ACCC launched its first enforcement proceedings under the new ‘effects test’ prohibition on misuse of market power. The proceedings will provide much needed guidance as to how the much-debated ‘effects test’ will apply to unilateral conduct. It is noteworthy that the two (...)

The French Competition Authority clears two separate mergers of companies in the same group in the transport sector (Capelle / AltéAd Marchal Levage and Mediaco-Capelle / AltéAd)
French Competition Authority (Paris)
The Autorité de la concurrence clears two separate acquisitions but concerning companies belonging to the same group, AltéAd* These decisions are made following the opening of judicial reorganisation proceedings regarding AltéAd. On 25 June 2019, Mediaco Levage and Capelle Investissements (...)

The French Competition Authority conditionally clears a merger in the construction industry (Point P Travaux Publics / Frans Bonhomme)
French Competition Authority (Paris)
Green light, subject to conditions, to the acquisition of Point P Travaux Publics by Frans Bonhomme* On 18 October 2019, Frans Bonhomme notified the Autorité de la concurrence of its plan to acquire control of one of its competitors, Distribution de Matériaux pour les Travaux Publics (...)

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 EU Commission opens an in-depth investigation into proposed merger between the two leading copper scrap refiners in Europe (Metallo / Aurubis)
DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into proposed acquisition of Metallo by Aurubis* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Metallo by Aurubis, under the EU Merger Regulation. The Commission is concerned that the (...)

The French Competition Authority decides to not renew remedies previously imposed to clear a merger in the telecommunications sector (SFR / Altice)
French Competition Authority (Paris)
Acquisition of SFR by Altice: the Autorité de la concurrence will not renew the commitments and maintains certain injunctions* Given changes to the markets, the Autorité de la concurrence will not renew the commitments made by Altice upon acquiring SFR. However, the injunctions with penalty (...)

The Austrian Competition Authority fines two companies for gun-jumping in the motorcycle and sports car manufacturing market (KTM / Kiska )
Austrian Competition Authority (Vienna)
KTM AG and Kiska GmbH fined for illegal merger* The Cartel Court, at the Austrian Federal Competition Authority’s request, has imposed a fine of € 60,000 on KTM AG and Kiska GmbH. The first respondent had held a 26% stake in the second respondent during the period from 7 October 2015 to 29 (...)

The French Competition Authority opens an in-depth investigation relating to a merger in the food retail market (Casino / Leclerc)
French Competition Authority (Paris)
Acquisition of a Casino hypermarket located in the Troyes urban area: The Autorité de la concurrence opens an in-depth examination phase* The Autorité de la concurrence opens an in-depth examination phase for the acquisition of a Casino hypermarket located in the Troyes urban area by Soditroy (...)

The French Competition Authority clears a merger in the energy efficiency sector (Économie d’Énergie / La Poste)
French Competition Authority (Paris)
The Autorité de la concurrence clears the acquisition of Économie d’Énergie by Le Groupe La Poste.* Le Groupe La Poste notified the Autorité of its plans to take exclusive control of Économie d’Énergie. This transaction is part of Le Groupe La Poste’s strategy to diversify its activities, resulting in (...)

The EU Commission opens an in-depth investigation relating to a proposed joint venture by aircraft manufacturers (Boeing / Embraer)
DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into joint ventures proposed by Boeing and Embraer* The European Commission has opened an in-depth investigation to assess the proposed creation of two joint ventures by aircraft manufacturers Boeing and Embraer, under the EU Merger Regulation. (...)

The EU Commission clears a merger, subject to remedies, in the production of aluminium automotive body sheets market (Novelis / Aleris)
DG COMP (Brussels)
Mergers: Commission clears Novelis’ acquisition of Aleris, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of Aleris by Novelis. The decision is conditional on the divestiture of Aleris’ aluminium automotive body sheets business in (...)

The French Competition Authority clears a merger, subject to pre-acquisition divestitures in the food and non-food wholesale and semi-wholesale sector (Cayenne supermarket / Super NKT)
French Competition Authority (Paris)
Acquisition of Cayenne supermarket Super NKT* The Autorité de la concurrence cleared the acquisition, subject to conditions, of the company NDIS and its subsidiary NG Kon Tia by SAFO (Huyghues-Despointes Group), which will be conditional on a divestiture prior to the acquisition of the (...)

The French Competition Authority clears a merger in the distribution of automotive parts market (TODD group / Alliance Automotive France)
French Competition Authority (Paris)
Distribution of automotive parts* The Autorité de la concurrence clears the acquisition of TODD group by the company Alliance Automotive France On 2 September 2019, the company Alliance Automotive France (hereinafter « AAF ») notified the Autorité de la concurrence of its plan to take over TODD (...)

The German Competition Authority clears a merger in the hospital sector in spite of the high market shares of the clinics (Klinikverbund Kempten-Oberallgäu / Kreiskliniken Unterallgäu)
German Competition Authority (Bonn)
Bundeskartellamt clears hospital merger in the Allgäu region* In the first phase of examination the Bundeskartellamt has cleared the planned merger of the hospital group Klinikverbund Kempten-Oberallgäu gGmbH, Immenstadt, with the district clinics Kreiskliniken Unterallgäu AöR, Mindelheim, (...)

The French Competition Authority clears a merger in the coach transport market (CarPostal France / Keolis)
French Competition Authority (Paris)
Coach transport* The Autorité has given the green light to the acquisition of CarPostal France by Keolis Keolis notified the Autorité de la concurrence of its planned acquisition of CarPostal France. Following an examination of the effects of this transaction on the urban and interurban public (...)

The UK Competition Authority considers that a merger in the sports fashion market raises competition concerns (JD Sports / Footasylum)
United Kingdom’s Competition Authority - CMA (London)
Sports fashion merger raises competition concerns* The CMA has found that JD Sports’ takeover of close competitor Footasylum could be bad for shoppers. The Competition and Markets Authority (CMA) is concerned that the loss of competition brought about by the merger could result in a worse deal (...)

The Portuguese Competition Authority clears a merger in the hospital market in applying the failing firm defence (HSGL / HPA Group)
Portuguese Competition Authority (Lisbon)
The AdC adopts a clearance decision on the Grupo HPA Saúde / Hospital São Gonçalo de Lagos merger* The AdC (Autoridade da Concorrência – Portuguese Competition Authority) has adopted a clearance decision on the merger concerning the acquisition of sole control of Hospital São Gonçalo de Lagos (...)

The French Competition Authority clears a merger in the markets of cosmetics and perfumes (Colgate Palmolive / Laboratoires Filorga Cosmétiques)
French Competition Authority (Paris)
Cosmetic products* The Autorité de la concurrence clears the acquisition of Laboratoires Filorga Cosmétiques by Colgate Palmolive On 7 August 2019, Colgate-Palmolive notified the Autorité de la concurrence of its plan to take over Laboratoires Filorga Cosmétiques . By a decision issued today, the (...)

The US DoJ agrees to use binding arbitration to resolve merger disputes for a new approach in antitrust enforcements (Novelis / Aleris Corporation)
Constantine Cannon (New York)
DOJ AGREEMENT TO USE BINDING ARBITRATION TO RESOLVE MERGER DISPUTE COULD HERALD NEW APPROACH IN ANTITRUST ENFORCEMENT* Federal antitrust enforcers may be increasingly looking to arbitrators—instead of federal courts—to be the arbiters of competition law if a new approach in enforcement takes (...)

The US DoJ agrees to refer the product market definition to binding arbitration (Novelis / Aleris Corporation)
Jones Day (Washington DC)
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Jones Day (Washington DC)
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American Express (New York)
For the first time in history, DOJ’s Antitrust Division plans to use binding arbitration to resolve an important element of a merger challenge. As part of its lawsuit to block the proposed acquisition of Aleris Corporation by Novelis Inc., the parties and DOJ agreed to resolve the issue of (...)

The US DoJ submits a market definition question to the binding arbitration (Novelis / Aleris Corporation)
Constantine Cannon (San Francisco)
MERGERS AND ACQUISITIONS, MARKET DEFINITION, UNITED STATES OF AMERICA, ARBITRATION, ALUMINUM FOR AUTOMOTIVE APPLICATIONS* On September 4, 2019, the United States Department of Justice’s Antitrust Division sued to block Novelis, Inc.’s acquisition of Aleris Corporation, alleged to be a “new and (...)

The US DoJ provides details on the use of arbitration to resolve a challenge to a proposed acquisition in the market of the aluminium sheet (Novelis / Aleris Corporation)
Jones Day (Washington DC)
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American Express (New York)
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Jones Day (Washington DC)
In Short: The Situation: The United States Department of Justice Antitrust Division ("DOJ") has provided details on the unprecedented use of arbitration to resolve its challenge to the proposed acquisition of Aleris Corporation by Novelis Inc. The Significance: Companies now have greater (...)

The Higher Regional Court of Düsseldorf suspends an order of the German Competition Authority on an alleged abuse of dominance in the social networks (Facebook)
Baker Botts (London)
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Baker Botts (Washington)
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Baker Botts (Brussels)
On 26 August 2019, a German appeal court suspended an order of the German competition authority (the “FCO”) which had found that Facebook’s data processing practices in Germany constituted an abuse of dominance in breach of German antitrust rules (the “decision”). Expressing serious doubts as to the (...)

The French Competition Authority clears a merger subject to remedies in the car publication market (Mondadori / Reworld Media)
French Competition Authority (Paris)
Magazines* The Autorité de la concurrence clears, subject to conditions, the acquisition of Mondadori France (Biba, Grazia, Modes & Travaux) by Reworld Media (Marie France, Maison & Travaux, Auto Moto) Background Press group Reworld Media notified the Autorité of its planned (...)

The French Competition Authority clears a merger in the jewellery market (Mauboussin / Guérin Joaillerie / Galeries Lafayette / CFN)
French Competition Authority (Paris)
Jewellery industry* The Autorité clears the acquisitions of Mauboussin and Guérin Joaillerie by Galeries Lafayette and La Compagnie Financière Nemarq & Co Background The Autorité de la concurrence approves the acquisition of joint control by the group Galeries Lafayette and La Compagnie (...)

The EU Commission clears a merger subject to remedies in the telecommunication market (Vodafone / Liberty Global)
DG COMP (Brussels)
Mergers: Commission clears Vodafone’s acquisition of Liberty Global’s cable business in Czechia, Germany, Hungary and Romania, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition by Vodafone of Liberty Global’s cable business in (...)

The Croatian Competition Authority clears a merger in the liquified petroleum gas wholesale and retail market (Petrol / Crodux Plin)
Croatian Competition Agency (Zagreb)
CCA approved Petrol/Crodux Plin LPG part of business concentration* By implementing the concentration Petrol will acquire the Crodux Plin LPG part of the business, including the undertaking Adria-Plin that operates in the LPG retail at the regional level, at one point of sale in Split-Dalmatia (...)

The EU Commission clears a merger subject to remedies in the air transport of passengers market (Flybe / Connect Airways)
DG COMP (Brussels)
Mergers: Commission approves the acquisition of Flybe by Connect Airways, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of UK regional air carrier Flybe by Connect Airways, a consortium by Virgin Atlantic, Stobart Aviation and (...)

The German Competition Authority clears a merger in the paper wholesale market (Papyrus Deutschland / Papier Union)
German Competition Authority (Bonn)
Bundeskartellamt clears merger between the paper wholesalers Papyrus Deutschland and Papier Union* The Bundeskartellamt has cleared the acquisition of Papyrus Deutschland by Papier Union’s mother company, Inapa Group, in second phase proceedings. The wholesalers in paper, Papier Union and (...)

The EU General Court rejects a legal challenge to conditional clearance of a joint venture in the wholesale provision of premium pay-TV sports channels market (Vodafone / Liberty Global)
Van Bael & Bellis (Brussels)
On 23 May 2019, the General Court of the European Union (“GC”) rejected a legal challenge brought against the European Commission’s (“Commission”) conditional clearance of the Liberty Global / Vodafone joint venture in the Netherlands by rival KPN (see VBB on Competition Law, Volume 2016, No. 8). (...)

The French Competition Authority clears a merger in the sector of retail distribution of clothing and footwear (The Kooples / Maus Frères)
French Competition Authority (Paris)
Clothing and footwear* The Autorité de la concurrence clears the takeover of the company The Kooples Group by the group Maus Frères (Lacoste, Aigle and Gant) On 17 April 2019, the group Maus Frères notified the Autorité de la concurrence his project of taking over the company The Kooples Group. (...)

The Polish Competition Authority conditionally clears a merger between multiplex cinema operators (Multikino / Cinema 3D)
White & Case (Warsaw)
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DG COMP (Brussels)
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White & Case (Warsaw)
THE POLISH PRESIDENT OF THE OFFICE OF COMPETITION AND CONSUMER PROTECTION CONDITIONALLY CLEARED A MERGER BETWEEN MULTIPLEX CINEMA OPERATORS* Background On 11 July 2018, the President of the Office of Competition and Consumer Protection (the “OCCP”) initiated merger clearance proceedings (...)

The Polish Competition Authority conditionally clears merger between two cinema operators (Multikino / Cinema 3D)
Polish Competition Authority (Warsaw)
CONDITIONAL CONSENT: MULTIKINO - CINEMA 3D* UOKiK gave consent to Multikino taking over Cinema 3D. The transaction may take place provided that the cinema of the acquired company will be sold in Galeria Morena in Gdańsk. The parties to the transaction are cinema operators. Multikino runs 32 (...)

The French Competition Authority clears a merger in the metalworking market (Ascoval / British Steel)
French Competition Authority (Paris)
Metalworking industry* The Autorité de la concurrence clears the takeover of the Ascoval company by the British Steel group. After the decision of the Strasbourg General court of first instance of 2 May 2019, which validated the takeover of the steel plant Ascoval by the British Steel group, (...)

The Polish Competition Authority conditionally clears a merger in the fuel retail market (BP Europe / ARGE)
White & Case (Warsaw)
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DG COMP (Brussels)
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White & Case (Warsaw)
Background On 29 June 2018, the OCCP initiated the merger proceedings concerning acquisition of ARGE Nieruchomości sp. z o.o. (“ARGE RE”) and ARGE Paliwa sp. z o.o. (“ARGE”)’s assets from BP Europa (“BP”). More specifically, the proposed transaction considered the acquisition of several real estates (...)

The EU Commission opens an in-depth investigation regarding a merger in the audiovisual sector (Telia / Bonnier Broadcasting)
DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into Telia Company’s proposed acquisition of Bonnier Broadcasting* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Bonnier Broadcasting by Telia Company under the EU Merger Regulation. The (...)

The German Competition Authority clears a merger in the book retail sector (Thalia / Mayersche Buchhandlung)
German Competition Authority (Bonn)
Merger between Thalia and Mayersche Buchhandlung cleared* The Bundeskartellamt has today cleared the merger between the two bookstore chains Thalia and Mayersche Buchhandlung. Thalia and Mayersche are both large bookstore chains which altogether operate 288 bookstores in Germany. Andreas (...)

The German Competition Authority prohibits a merger in the printing industry (MBO / Heidelberger Druckmaschinen)
German Competition Authority (Bonn)
Bundeskartellamt prohibits acquisition of MBO group by Heidelberger Druckmaschinen AG* Bonn, 7 May 2019: The Bundeskartellamt has today prohibited the proposed acquisition of all the shares in HB Vermögensverwaltungsgesellschaft mbH & Co. KG by Heidelberger Druckmaschinen AG. HB (...)

The French Competition Authority innovates by analyzing the online and in-store sales of toys as a single market (Luderix International / Jellej Jouets)
French Competition Authority (Paris)
Distribution of toys* The Autorité de la concurrence innovates by analyzing the online and in-store sales of toys as a single market. The Autorité de la concurrence clears the acquisition of joint control of Luderix International (Picwic) by Jellej Jouets (Toys’R’Us) and by the undivided (...)

The EU Commission publishes a report on competition policy for the digital era
Crowell & Moring (London)
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Simmons & Simmons (London)
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Simmons & Simmons (London)
On 04 April 2019, the European Commission (EC) published a report commissioned by the EU’s Competition Commissioner, Margrethe Vestager. The report looks at how competition policy should continue to evolve in the digital age and is written jointly by an economist, a lawyer and an engineer. The (...)

The EU Commission publishes the final report on competition policy for the digital era
Court of First Instance of Namur (Namur)
On 4 April 2019, the European Commission published a special report commissioned by Commissioner Margrethe Vestager on how competition policy should evolve to continue promoting pro-consumer innovation in the digital age (“Competition Policy for the Digital Era”). The report is grounded in three (...)

The EU Commission publishes a report on competition policy for the digital sector
Hogan Lovells (Brussels)
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Hogan Lovells (Brussels)
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Hogan Lovells (London)
On 4 April 2019, the European Commission published the much anticipated Report Competition Policy for the digital era (hereinafter referred to as the "Report"). Authored by a panel of special advisers (all academics) appointed by Competition Commissioner, Margrethe Vestager, the Report explores (...)

The EU Commission publishes a report on competition policy for the digital era
Norton Rose Fulbright (Brussels)
“Digital Era” Report Bolsters Commissioner Vestager’s Digital Legacy* On April 4, 2019, the European Commission published a report by Jacques Crémer, Yves-Alexandre de Montjoye, and Heike Schweitzer on competition policy for the digital era (the Digital Era Re port, or the Report), the culmination (...)

The EU Commission clears a merger subject to remedies in the markets of insurance broking services (JLT / MMC)
DG COMP (Brussels)
Mergers: Commission approves acquisition of Jardine Lloyd Thompson by Marsh & McLennan Companies, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of Jardine Lloyd Thompson (“JLT”) by Marsh & McLennan Companies (“MMC”). The (...)

The French Competition Authority clears a merger in the motor vehicle distribution sector and establishes a new method for analysing mergers in this sector (Bernard Participations / Emil Frey Motors France and Fiber)
French Competition Authority (Paris)
Distribution of motor vehicles* The Autorité de la concurrence clears the acquisition of joint control of the company Bernard Participations SAS by the company Emil Frey Motors France and the company Fiber. This transaction led the Autorité to review its method for analysing mergers in the (...)

The EU Commission opens an in-depth investigation concerning a merger in retail markets for electricity and gas (E.ON / Innogy)
DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into E.ON’s proposed acquisition of Innogy* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Innogy by E.ON under the EU Merger Regulation. The Commission has concerns that the proposed (...)

The French Competition Authority clears a merger, subject to remedies, in the markets of wine and spirits (Marie Brizard / COFEPP)
French Competition Authority (Paris)
Wine and spirits* The Autorité de la concurrence clears - subject to conditions - the acquisition of the group Marie Brizard On 3 January 2019, the Compagnie Financière Européenne de Prises de Participation (“Cofepp”) notified the Autorité de la concurrence its intention to acquire sole control of (...)

The Indian Competition Authority finds no violation in a cinema chain exclusively selling one beverage producer’s products (Inox / Coca-Cola)
Vaish Associates Advocates (New Delhi)
CCI holds no violation in exclusive selling beverages of Coca-Cola by INOX Theatres at higher rates than the retail price* The Competition Commission of India (“CCI/ Commission”) by way of order dated 28.02.2019 exonerated INOX Leisure Ltd (“INOX”) and Hindustan Coca-Cola Beverages Private Ltd (...)

The EU Commission clears a merger subject to remedies in the aquaculture sector (Amerra and Mubadala / Andromeda / Nireus and Selonda)
DG COMP (Brussels)
Mergers: Commission approves the acquisition of joint control of Andromeda, Nireus and Selonda by Amerra and Mubadala, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of joint control over Andromeda, Nireus and Selonda, all active in (...)

The EU Commission clears a merger subject to remedies in the flexible packaging for medical use and food products sectors (Amcor / Bemis)
DG COMP (Brussels)
Mergers: Commission approves merger between Amcor and Bemis, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the merger between Amcor and Bemis. Both companies manufacture flexible packaging products worldwide. The approval is conditional on the (...)

The German Competition Authority orders a social network company to stop collecting and matching data of its users without explicit consent as it constitutes an abuse of dominance (Facebook)
Heinz & Zagrosek (Köln)
Bundeskartellamt hits „don’t like“-button on Facebook* On February 7, 2019, Germany’s Federal Cartel Office (“FCO”) issued its long-awaited decision in the Facebook case, see press release and background paper in English here. It qualifies Facebook’s current practice of collecting and matching data (...)

The German Competition Authority prohibits a social network company for abusing its dominant position by combining its user data from different sources (Facebook)
German Competition Authority (Bonn)
Bundeskartellamt / Digital Economy Bundeskartellamt prohibits Facebook from combining user data from different sources* Bonn, 7 February 2019: The Bundeskartellamt has imposed on Facebook far-reaching restrictions in the processing of user data. According to Facebook’s terms and conditions (...)

The German Competition Authority finds that the data gathering practices of a social network are an abuse of its dominant position, and orders amendments in its data processing policy (Facebook)
Van Bael & Bellis (Brussels)
On 6 February 2019, the German Federal Cartel Office (“FCO”) concluded administrative proceedings concerning the data gathering practices of Facebook Inc., Facebook Ireland and Facebook Germany (together “Facebook”). The FCO found that Facebook abused its dominant position by making the private use (...)

The French Competition Authority clears a merger by approving in advance remedies in the market of fabrication and marketing of baking aids (Alsa / Dr. Oetker)
French Competition Authority (Paris)
Confection and marketing of baking aids* The Autorité de la concurrence clears the acquisition of Alsa by Dr. Oetker (Ancel) by approving a commitment which addresses in advance competition issues (“fix-it-first” commitment), by granting a credible market player a license for the Ancel brand On (...)

The French Competition Authority issues an opinion in favour of extending ex-ante regulation of the upstream wholesale digital terrestrial television broadcasting services market by three years
French Competition Authority (Paris)
DTT Broadcasting* The Autorité de la concurrence is in favour of extending ex-ante regulation of the upstream wholesale DTT broadcasting services market by three years. Background Following a referral by the French Telecommunications Regulator (ARCEP), the Autorité de la concurrence today (...)

The Indian Competition Authority approves merger of multinational companies with non-exclusive consignment selling agency arrangement in OTC and oral healthcare markets (Hindustan Unilever / GlaxoSmithKline Consumer Healthcare)
Vaish Associates Advocates (New Delhi)
CCI approves amalgamation of GlaxoSmithKline into Hindustan Unilever Limited* The Commission, by way of order dated 23.01.2019, has approved the amalgamation of GlaxoSmithKline Consumer Healthcare Limited (“GSKCH”) into Hindustan Unilever Limited (“HUL”) and subsequently cleared HUL to enter into (...)

The German Competition Authority prohibits a merger in the bearing production sector (Miba / Zollern)
German Competition Authority (Bonn)
Bundeskartellamt prohibits merger between Miba and Zollern in bearing production sector* The Bundeskartellamt has prohibited the launch of a joint venture between Miba AG, Laakirchen (Austria), and Zollern GmbH & Co. KG, Sigmaringen. The companies had planned to pool their hydrodynamic (...)

The Irish Competition Authority opens an in-depth investigation regarding a merger in the music entertainment market (MCD Productions / LN-Gaiety Holdings)
Irish Competition Authority (Dublin)
CCPC to carry out a phase 2 investigation of LN-Gaiety/MCD Productions merger* The Competition and Consumer Protection Commission (CCPC) has decided to carry out a full Phase 2 investigation in relation to the proposed acquisition of MCD Productions Unlimited Company by LN-Gaiety Holdings (...)

The EU General Court holds that patent settlements may be deemed pay-for-delay agreements only if there are reverse payments, and the originator may not be held dominant if the market is not assessed rigorously (Servier)
Portolano Cavallo (Milan)
The Servier judgments: patent settlements may be deemed “pay-for-delay” agreements, and thus by-object infringements of Article 101 TFEU only if Commission substantiates strong indication of “reverse payment” or “abnormal inducement” from the originator to the generic; further, the originator cannot (...)

The EU General Court offers a mixed review of patent settlement agreements in the pharmaceutical sector (Servier)
Van Bael & Bellis (Brussels)
On 12 December 2018, the General Court (“GC”) once again passed judgment on a number of patent settlement agreements in the pharmaceutical sector. It had already reviewed such agreements in September 2016 when it upheld the decision of the European Commission (the “Commission”) in the Lundbeck (...)

The EU General Court annuls a decision of the Commission for wrongly qualifying agreements as "pay for delay" and improperly qualifying an abuse of dominance, thus reducing the fine imposed on a pharmaceutical company (Servier)
Dechert (Paris)
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Dechert (Paris)
,
Dechert (Paris)
The General Court annuls in part the European Commission’s decision finding the existence of restrictive agreements and an abuse of a dominant position on the market for perindopril, a medicine used to treat hypertension and heart failure* On 12 December 2018, the General Court (“Court”) (...)

The COMESA Competition Commission’s second investigation into restrictive vertical distribution ends with a beverage company avoiding a fine after agreeing to eliminate price maintenance clauses (Coca-Cola)
Primerio (Washington)
COMESA’S SECOND RESTRICTIVE TRADE PRACTICES INVESTIGATION ENDS INCONCLUSIVELY* Having now concluded two non-merger cases (the first was an exclusivity issue in football broadcasting and sponsorship agreements, see here), the COMESA Competition Commission’s (“CCC”) second investigation into (...)

The Turkish Competition Authority holds that online sales channels exert competitive pressure in traditional sales channels in the market of sales of books (Doğan Müzik Kitap Mağazacılık ve Pazarlama)
ACTECON (Istanbul)
Should Traditional and Online Sales Channels Constitute Separate Relevant Markets? (The TCA’s D&R Decision) On November 23, 2018, the Turkish Competition Authority (“TCA”) published its reasoned decision (“D&R Decision”) concerning the investigation conducted against Doğan Müzik Kitap (...)

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 EU Commission opens an in-depth investigation related to a merger on the steel supply market (Tata Steel / ThyssenKrupp)
DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into new joint venture proposed by steel suppliers Tata Steel and ThyssenKrupp* The European Commission has opened an in-depth investigation to assess the proposed creation of a joint venture by Tata Steel and ThyssenKrupp, under the EU Merger (...)

The UK Competition Authority imposes structural remedies to clear a merger in the market of the supply of managed laundry services (JLA / Washstation)
United Kingdom’s Competition Authority - CMA (London)
University laundry merger broken up by CMA* The CMA has decided that JLA must sell Washstation to preserve competition in the supply of managed laundry services to higher education providers. The decision by the Competition and Markets Authority (CMA) comes following an in-depth investigation (...)

The Indian Competition Authority fines MRI manufacturer for abuse of dominance, with the Chairman dissenting due to different market definition that would conclude no dominance (House of Diagnostics / Esaote Asia Pacific)
Vaish Associates Advocates (New Delhi)
CCI imposes penalty on Esaote SPA and its Indian subsidiary for abusing its dominant position in the sale of specialized MRI machines* The CCI vide its order dated September 27, 2018 has imposed a penalty of INR 9.33 lakhs on Esaote S.p.A and its Indian subsidiary, Esaote Asia Pacific (...)

The Irish Competition Authority clears a merger subject to remedies in the media sector (Reach / Northern / Shell Network)
Irish Competition Authority (Dublin)
CCPC clears media merger subject to confidentiality commitments* Following an extensive two-phase investigation, the Competition and Consumer Protection Commission (CCPC) has cleared, subject to binding commitments, the acquisition by Reach Plc (Reach) (formerly Trinity Mirror Plc) of Northern (...)

The EU Commission clears a merger in the market of music recognition for smartphones, tablets and PCs (Apple / Shazam)
DG COMP (Brussels)
Mergers: Commission clears Apple’s acquisition of Shazam* The European Commission has approved under the EU Merger Regulation the proposed acquisition of Shazam by Apple. The Commission concluded that the merger would not adversely affect competition in the European Economic Area or any (...)

The French Competition Authority clears a merger subject to remedies in the retailing of gardening products market (Jardiland / InVivo)
French Competition Authority (Paris)
Retailing of gardening products* The Autorité de la concurrence clears the acquisition of Jardiland group by InVivo group (Gamm Vert, Delbard) subject to divestiture of 11 stores Parties to the transaction On 29 June 2018, InVivo Retail group, a subsidiary of InVivo cooperative union, which (...)

The French Competition Authority clears a merger subject to remedies in the food retail distribution sector (Bernard Hayot / Géant Casino)
French Competition Authority (Paris)
Distribution in Martinique* The Autorité de la concurrence clears, subject to conditions, the acquisition by Bernard Hayot Group of a Géant Casino hypermarket in Martinique On 20 June 2018, Bernard Hayot Group (‘BHG’) notified the Autorité de la concurrence of its planned acquisition of a Géant (...)

The Italian Competition Authority unconditionally approves the creation of a cooperative banking group (Cassa Centrale Bancaria)
Giannino SI (Monserrato)
Merger, notification, autohorisation, banking, market definition, : clearance Phase (I) merger, economic efficiency, high market shares, relevant market, By a recent decision the Italian Competition Authority (ICA) has unconditionally approved the creation of a cooperative banking group. The (...)

The EU Commission clears a merger subject to remedies in the fresh produce distribution market (Total Produce / Dole)
DG COMP (Brussels)
Mergers: Commission approves Total Produce’s acquisition of Dole, subject to conditions* The European Commission has approved under the EU Merger Regulation the acquisition by Total Produce of joint control over Dole. Both companies supply bagged salads, bananas and other fresh fruit and (...)

The EU Commission opens an in-depth investigation to assess a merger in the hardware security modules market (Gemalto / Thales)
DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into proposed acquisition of Gemalto by Thales* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Gemalto by Thales under the EU Merger Regulation. The Commission is concerned that the merger (...)

The EU Commission opens an in-depth investigation to assess a merger in the market of the supply of rolled copper products and sanitary copper tubes (MKM /KME)
DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into KME’s proposed acquisition of competing copper products supplier MKM* The European Commission has opened an in-depth investigation to assess the proposed acquisition of MKM by KME, under the EU Merger Regulation. The Commission is concerned (...)

The EU Commission fines a multinational technology company for abuse of dominance by imposing illegal restrictions on device manufacturers and mobile network operators (Google Android)
DG COMP (Brussels)
Antitrust: Commission fines Google €4.34 billion for illegal practices regarding Android mobile devices to strengthen dominance of Google’s search engine* The European Commission has fined Google €4.34 billion for breaching EU antitrust rules. Since 2011, Google has imposed illegal restrictions (...)

The EU Commission fines a tech company for illegal tying in the market for third-party mobile device manufacturing (Google Android)
Economists Incorporated (Washington)
European Commission Fines Google for Illegal Tying* The European Commission (“EC”) recently fined Google €4.34 billion, stating that “Google has imposed illegal restrictions on Android device manufacturers and mobile network operators to cement its dominant position in general internet search.” (...)

The EU Commission fines a multinational technology company for abuse of dominant position in the smartphone operating system sector (Google Android)
Baker McKenzie (London)
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Baker McKenzie (Brussels)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 18 July 2018 the European Commission imposed a record fine of €4.34 billion on Google. In such an innovative and competitive industry, a decision and fine on (...)

The EU Commission opens an in-depth investigation to assess a proposed merger in the rail sector (Siemens / Alstom)
DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into Siemens proposed acquisition of Alstom* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Alstom by Siemens, under the EU Merger Regulation. The Commission is concerned that the merger may (...)

The EU Commission clears a merger, subject to remedies, in the titanium dioxide pigment market (Tronox / Cristal)
DG COMP (Brussels)
Mergers: Commission approves Tronox’s acquisition of Cristal, subject to conditions* The European Commission has approved under the EU Merger Regulation the acquisition of Cristal by Tronox, both major suppliers of titanium dioxide pigment. The approval is conditional on full compliance with (...)

The EU Commission clears a merger subject to remedies in the manufacturing of pool equipment products market (Zodiac / Fluidra)
DG COMP (Brussels)
MERGERS: COMMISSION CLEARS ZODIAC AND FLUIDRA POOL EQUIPMENT JOINT VENTURE, SUBJECT TO CONDITIONS* The European Commission has approved under the EU Merger Regulation the proposed creation of a joint venture between the swimming pool equipment businesses of Zodiac and Fluidra. The approval is (...)

The EU Commission opens an in-depth investigation concerning a merger in the nylon production market (BASF / Solvay)
DG COMP (Brussels)
MERGERS: COMMISSION OPENS IN-DEPTH INVESTIGATION INTO PROPOSED ACQUISITION OF SOLVAY’S NYLON BUSINESS BY BASF* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Solvay’s global nylon business by BASF, under the EU Merger Regulation. The Commission (...)

The EU Commission opens an in-depth investigation concerning a merger in the Dutch retail mobile telecommunications market (Tele2 / T-Mobile)
DG COMP (Brussels)
MERGERS: COMMISSION OPENS IN-DEPTH INVESTIGATION INTO PROPOSED ACQUISITION OF TELE2 NL BY T-MOBILE NL IN THE NETHERLANDS* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Tele2 NL by T-Mobile NL under the EU Merger Regulation. The Commission is (...)

The Portuguese Competition Authority clears a merger between wind power electricity producers (New Finerge / Empreedimentos Eólicos do Rego / Eolcinf / Parque Eólico do Vale de Abade / Biowatt / Eolflor)
Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
,
Morais Leitão, Galvão Teles, Soares da Silva (Porto)
On May 4th 2018, the Portuguese Competition Authority (PCA) was notified of a merger where New Finerge, S.A. (New Finerge), a company operating in the electricity production market, aimed to acquire exclusive control over five wind farm management companies: Empreedimentos Eólicos do Rego, S.A. (...)

The UK Competition Appeal Tribunal announces its provisional judgment in an appeal against the Competition Authority’s infringement decision in an excessive price case (Pfizer / Flynn)
White & Case (Brussels)
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White & Case (Brussels)
I. Introduction In the last couple of years, there has been a trend for antitrust watchdogs around the world to investigate excessive pricing, especially in the pharmaceutical sector. Last year, the European Commission opened its first investigation into excessive pricing in the pharmaceutical (...)

The OECD holds a roundtable on market concentration
OECD - Competition Division (Paris)
Executive Summary 1. In recent years, there has been growing concern that a trend has emerged in which markets around the world are becoming more concentrated and less competitive. This is sometimes attributed to the increasingly digital and globalised nature of many markets and the firms that (...)

The French Competition Authority clears merger between two domestic electrical goods companies after concluding that the transaction is unable to give rise to anticompetitive effects in Guadeloupe (Cafom / Dimeco)
French Competition Authority (Paris)
RETAIL OF DOMESTIC ELECTRICAL GOODS IN THE FRENCH OVERSEAS DEPARTMENTS* The autorité de la concurrence clears the acquisition of the Dimeco society (connection , Circuit Ménager) bu the Cafom Group (But and Darty) Parties to the transaction On 18 April 2018, the Cafom group notified the (...)

The Supreme Court of India clarifies that the determination of relevant market is not a mandatory pre-condition for initiating investigations of alleged anticompetitive agreements (Co-ordination Committee of Artists and Technicians of West Bengal Film and Television Industry)
Vaish Associates Advocates (New Delhi)
Supreme Court clears air on definition of relevant market in Section 3 (anti-competitive agreement) cases* The Supreme Court by its order dated May 7, 2018 has clarified that the determination of a ‘relevant market’ is not a mandatory pre-condition for undertaking an assessment of an alleged (...)

The Irish Competition Authority obtains remedies in order to clear a merger in the wholesale and retail market (4 Aces / BWG)
Irish Competition Authority (Dublin)
CCPC COMMITMENTS FROM BWG TO SECURE APPROVAL FOR PROPOSED ACQUISITION OF 4 ACES WHOLESALE* Following an extensive investigation, the Competition and Consumer Protection Commission (CCPC) has today cleared the proposed acquisition of 4 Aces Wholesale Limited (“4 Aces”) by BWG Foods Unlimited (...)

The EU Commission clears a merger subject to remedies on the seeds, pesticides, and digital agriculture market (Bayer’s Crop Science / BASF)
DG COMP (Brussels)
MERGERS: COMMISSION CLEARS ACQUISITION OF PARTS OF BAYER’S CROP SCIENCE BUSINESS BY BASF, SUBJECT TO CONDITIONS* The European Commission has conditionally approved under the EU Merger Regulation the acquisition of parts of Bayer’s Crop Science business by BASF. This transaction is related to the (...)

The OECD holds a roundtable on taxi, ride-sourcing and ride-sharing services
OECD - Competition Division (Paris)
Introduction 1. Over the last 10 years, disruptive innovation in transportation radically changed the regulatory and competitive landscape, raising new questions for regulators and competition law enforcers. 2. Different services with different business models entered into the provision of (...)

The EU Commission clears a merger subject to remedies in the steel wheels manufacturing market (Mefro Wheels / Accuride)
DG COMP (Brussels)
MERGERS: COMMISSION APPROVES ACQUISITION OF MEFRO WHEELS BY ACCURIDE, SUBJECT TO CONDITIONS* The European Commission has approved, under the EU Merger Regulation, the acquisition of steel wheels manufacturer Mefro Wheels by its competitor Accuride. The decision is conditional on the divestment (...)

The OECD holds a roundtable on blockchain technology and competition policy
OECD - Competition Division (Paris)
1. Introduction 1. Blockchain is a general-purpose technology that threatens to disrupt markets and institutions across the world. Where the internet enabled the publishing and digital transfer of information, blockchain authenticates the ownership of assets, makes them unique, traceable, and (...)

The Romanian Competition Authority clears a merger subject to remedies in the pharmaceutical sector (A&D Pharma / Glebi)
Romanian Competition Council (Bucharest)
THE COMPETITION COUNCIL AUTHORIZED WITH CONDITIONS THE TAKING OVER OF A&D PHARMA HOLDINGS NV BY GLEBI HOLDINGS PLC* The Competition Council authorised with conditions the transaction by which Glebi Holdings PLC takes over A&D Pharma Holdings NV. Glebi Holdings PLC is part of Penta (...)

The French Competition Authority clears a merger on the online advertising market (Aufeminin / TF1)
French Competition Authority (Paris)
Online advertising* The Autorité de la concurrence clears the acquisition of Aufeminin by TF1 On 16 March 2018, TF1 notified the Autorité de la concurrence of its acquisition of sole control of Aufeminin. Following the consultation of competitors and TF1’s clients along with an analysis of the (...)

The EU Commission opens an in-depth investigation concerning a merger in the market of music recognition for smartphones, tablets and PCs (Apple / Shazam)
DG COMP (Brussels)
MERGERS: COMMISSIONS OPEN IN-DEPTH INVESTIGATION INTO APPLE’S PROPOSED ACQUISITION OF SHAZAM* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Shazam by Apple under the EU Merger Regulation. The Commission is concerned that the merger could (...)

The French Competition Authority clears two separate mergers in the footwear distribution market (Monoprix / Sarenza ; Spartoo / André)
French Competition Authority (Paris)
FOOTWEAR DISTRIBUTION* The Autorité de la concurrence clears two separate acquisitions but which raise similar questions: Sarenza by Monoprix (Casino group) André by Spartoo On 16 March Monoprix, and subsequently on 4 April 2018, Spartoo notified the Autorité de la concurrence of two distinct (...)

The Spanish Supreme Court orders restarting the investigation of a complaint about abuse of dominant position (Oracle)
Callol, Coca & Asociados (Madrid)
On 26 February 2013, Hewlett Packard and Hewlett Packard Española, S.L. (jointly, HP) filed a complaint against Oracle Corporation and Oracle Ibérica, S.R.L. (jointly, Oracle) before the NMCC denouncing restrictive practices of competition in the field of relational database management systems, (...)

The Portuguese Competition Authority clears a merger between tour operators (Escalatur / Nortravel)
Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
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Morais Leitão, Galvão Teles, Soares da Silva (Porto)
On March 23rd 2018, the Portuguese Competition Authority (PCA) was notified of a merger where Escalatur – Viagens e Turismo, Unipessoal, Limitada (Escalatur), a company within the Barceló Group, which operates in the tourism sector and is active in various countries, aimed to acquire exclusive (...)

The EU Commission opens a formal investigation into German grid operator for limiting cross border electricity capacity with Denmark (TenneT)
DG COMP (Brussels)
Antitrust: Commission opens investigation into German grid operator TenneT for limiting cross border electricity capacity with Denmark* The European Commission has opened a formal investigation to assess whether German grid operator TenneT’s limitation of capacity from Western Denmark into (...)

The US FTC challenges a merger due to the potential negative effects it caused in the market of marine water treatment for chemicals (Drew Marine Group / Wilhelmsen Maritime Services)
Economists Incorporated (Washington)
FTC ALLEGES "GLOBAL FLEETS" IN CHALLENGE TO WILHELMSEN’S ACQUISITION OF DREW MARINE* The Federal Trade Commission (“FTC”) recently issued an administrative complaint and amended complaint challenging the proposed acquisition of Drew Marine Group (“Drew”) by Wilhelmsen Maritime Services (...)

The German Competition Authority indicates in its preliminary assessment of possible abuse of dominance case that data collection and use from third-party sources is abusive (Facebook)
Heinz & Zagrosek (Köln)
Bundeskartellamt sends preliminary assessment to Facebook* On December 19, 2017, the Federal Cartel Office (“FCO”) published a press release on its preliminary assessment in the ongoing Facebook dominance probe, accompanied by a background paper (available in English here). The FCO considers (...)

The Chinese Supreme People’s Court finds no abuse of dominance in the central heating market (Bayannuer Sunshine Energy / Linhe Thermal Power Plant / Northern United Electric Power)
Beijing Foreign Studies University (Beijing)
Identification and Abuse Analysis of Market Dominance of Public Utilities: Thoughts of the Supreme People’s Court of China on Antitrust Litigation of Heating Units In December 2017, the Supreme People’s Court of China decided to reject the retrial application of Sunshine Energy Co., Ltd. in the (...)

The Finnish Competition Authority clears a merger subject to remedies in the hotel accommodation market (Scandic / Restel)
Finnish Competition and Consumer Authority (Helsinki)
The FCCA approves Scandic’s acquisition of Restel, with conditions* Today, the FCCA has approved the acquisition of Restel Hotellit Oy by Scandic Hotels Oy, with conditions. As a condition for the approval of the sale, the FCCA obliged Scandic to sell one hotel in Pori, Lahti and Kuopio to its (...)

The EU Commission refers back a merger to the Polish Competition Authority in the pork meat sector (Pini Polonia / Smithfield)
DG COMP (Brussels)
MERGERS: COMMISSION REFERS THE ACQUISITION OF PINI POLONIA BY SMITHFIELD TO THE POLISH COMPETITION AUTHORITY* The European Commission has referred the proposed transaction between Smithfield Foods of the US and Pini Polonia of Poland to the Polish Office of Competition and Consumer Protection (...)

The Turkish Competition Authority prohibits a merger in the shipping market despite remedies offered by the merging parties (UN Ro-Ro / Ulusoy)
Erdem & Erdem (Istanbul)
The Competition Board (“Board”), in its decision dated 9.11.2017 and numbered 17-36/595-259 (“Decision”), has rejected the acquisition of the full shares of Ulusoy Deniz Taşımacılığı A.Ş., Ulusoy Gemi İşletmeleri A.Ş., Ulusoy Ro-Ro İşletmeleri A.Ş., Ulusoy Ro-Ro Yatırımları A.Ş., Ulusoy Gemi Acenteliği A.Ş., (...)

The Cypriot Competition Authority sends a statement of objections to a chemical and consumer goods company suspected to have abused of its dominance (Henkel)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
The Commission for the Protection of Competition announces that it has notified Statements of Objections to Henkel AG & Co KGaA and its subsidiary GPM Henkel Ltd jointly and severally regarding a prima facie infringement of Section 6(1)(b) of the Protection of Competition Laws of 2008 and (...)

The EU Commission refers back to the French Competition Authority a merger in the waste management sector (La Poste / Suez groups)
French Competition Authority (Paris)
WASTE MANAGEMENT SECTOR* The European Commission has referred the review of the creation of a joint venture between the La Poste and Suez groups, in the waste management sector The European Commission referred the review of the creation of a joint venture between the La Poste and Suez groups. (...)

The EU Commission clears a merger, subject to remedies, in the vending services market (Pelican Rouge / Selecta)
DG COMP (Brussels)
MERGERS: COMMISSION APPROVES ACQUISITION OF PELICAN ROUGE BY SELECTA, SUBJECT TO CONDITION* The European Commission has cleared under the EU Merger Regulation the proposed acquisition of vending services provider Pelican Rouge of the Netherlands by Selecta of Switzerland. The clearance is (...)

The EU Commission clears a merger, subject to remedies, on the chemicals market (FMC / Dupont)
DG COMP (Brussels)
MERGERS: COMMISSION CLEARS BOTH FMC’S ACQUISITION OF PARTS OF DUPONT’S CROP PROTECTION BUSINESS AND DUPONT’S ACQUISITION OF FMC’S HEALTH AND NUTRITION BUSINESS* The European Commission has conditionally approved, under the EU Merger Regulation, FMC’s proposed acquisition of parts of DuPont’s crop (...)

The French Competition Authority opens an in-depth investigation concerning a merger in the online property advertising (SeLoger.com / Logic-Immo.com)
French Competition Authority (Paris)
ONLINE PROPERTY ADVERTISING* The Autorité de la concurrence has begun an in-depth examination as part of the review of the take-over of Concept Multimédia (Logic-Immo.com) by the Axel Springer group (SeLoger.com) The Axel Springer group, which is active mainly on the online property adverting (...)

The OECD holds a roundtable on competition issues in aftermarkets
OECD - Competition Division (Paris)
Aftermarkets are widespread across the economy. From a competition perspective, the manufacturer of the primary good is often a major supplier in the aftermarket and may enjoy market power in the secondary market, which raises questions as to whether antitrust intervention is warranted to (...)

The US FTC sues to block the proposed physician acquisition group by a health system due to the possibility to create very high market shares (Sanford Health / Mid-Dakota Clinic)
McDermott Will & Emery (Washington)
With its latest lawsuit to block an acquisition of physicians, the Federal Trade Commission (FTC) confirmed last week that monitoring physician consolidation is a priority. The FTC and North Dakota Attorney General sued to block the proposed acquisition by a health system (Sanford Health) of (...)

The OECD holds a roundtable on market study methodologies for competition authorities
OECD - Competition Division (Paris)
Executive Summary, by the Secretariat* Working Party No. 3 of the OECD Competition Committee held a Roundtable on the subject of Methodologies for conducting market studies on 20 June 2017. Based on the background paper prepared by the OECD Secretariat, written submissions from delegates, and (...)

The EU Commission clears a merger subject to remedies on the markets for debt collection and debt purchasing (Intrum Justitia / Nordic Capital)
DG COMP (Brussels)
MERGERS: COMMISSION APPROVES ACQUISITION OF INTRUM JUSTITIA BY NORDIC CAPITAL, SUBJECT TO CONDITIONS* The European Commission has approved under the EU Merger Regulation the acquisition of Intrum Justitia by Nordic Capital. The decision is conditional on the divestment of the companies’ (...)

The EU Commission clears the acquisition of a pharmaceutical company by a global conglomerate subject to a commitment that clinical development of innovative insomnia drugs will not be adversely affected by the merger (Johnson & Johnson / Actelion)
DG COMP (Brussels)
J&J/Actelion - falling asleep fast and deeply while staying fully awake on innovation * In a nutshell: The Commission found competitive concerns due to the combination of two development programmes for insomnia drugs, currently in Phase II of clinical trials. These pipeline drugs are based (...)

The OECD holds a roundtable on rethinking the use of traditional antitrust enforcement tools in multi-sided markets
OECD - Competition Division (Paris)
A key challenge for competition agencies, particularly in digital markets, is the multi-sided nature of some of the markets that they analyse. In June 2017 the OECD held a hearing to look at an important question that competition agencies face: Are the tools traditionally used to define (...)

The EU Commission clears a merger subject to remedies in the telecommunication market (Telecom Italia / Vivendi)
DG COMP (Brussels)
MERGERS: COMMISSION APPROVES VIVENDI’S ACQUISITION OF TELECOM ITALIA, SUBJECT TO CONDITIONS* The European Commission has approved the acquisition of de facto control over Telecom Italia by Vivendi. The decision is conditional on the divestment of Telecom Italia’s stake in Persidera. Telecom (...)

The EU Commission clears a merger, subject to remedies, in the market of semiconductor devices (Brocade / Broadcom)
DG COMP (Brussels)
MERGERS: COMMISSION CLEARS ACQUISITION OF BROCADE BY BROADCOM, SUBJECT TO CONDITIONS* The European Commission has cleared under the EU Merger Regulation the proposed acquisition of networking products supplier Brocade (US) by semiconductor manufacturer Broadcom (US/Singapore), subject to (...)

The French Competition Authority issues an opinion to the Electronic Communications Authority concerning the fixed broadband and superfast broadband wholesale markets
French Competition Authority (Paris)
The Autorité de la concurrence issues an opinion to ARCEP (France’s Electronic Communications and Postal Regulatory Authority), in the framework of the fifth cycle of analysis of the fixed broadband and superfast broadband wholesale markets.* The Autorité de la concurrence agrees with most of (...)

The French Competition Authority clears a merger in the cured meat products market (Financière Turenne Lafayette / Coorperl Arc Atlantique)
French Competition Authority (Paris)
The Autorité de la concurrence clears the acquisition of full control of the cured meats’ division of Financière Turenne Lafayette (Paul Prédault, Madrange…) by Coorperl Arc Atlantique (Brocéliande)* Parties to the operation On 4 May 2017, Cooperl Arc Atlantique (VériTable, L’atout prix or (...)

The French Competition Authority clears a merger in the commercial restaurant sector (Flo / Bertrand)
French Competition Authority (Paris)
RESTAURANT SECTOR* As part of group Flo’s takeover by group Bertrand, the Autorité de la concurrence considered the case under merger control. The Autorité has authorized the transaction for which the agreement protocols have to be approved by Nanterre’s commercial court. Group Bertrand notified (...)

The EU Commission clears a merger subject to remedies in the identity and security solutions market (Morpho / Advent International)
DG COMP (Brussels)
MERGERS: COMMISSION CLEARS ACQUISITION OF SMART CARD MAKER MORPHO BY ADVENT INTERNATIONAL, SUBJECT TO CONDITIONS* The European Commission has cleared under the EU Merger Regulation the proposed acquisition of identity and security solutions provider Morpho, based in France, by Advent (...)

The UK Competition Authority clears a merger subject to remedies in the market of payment systems (MasterCard / VocaLink)
United Kingdom’s Competition Authority - CMA (London)
CMA accepts Mastercard/VocaLink undertakings* The CMA has today accepted undertakings offered by Mastercard to address competition concerns arising from its purchase of VocaLink. On 18 January 2017, the Competition and Markets Authority (CMA) announced it would look in detail at whether the (...)

The EU Commission clears a merger subject to remedies in the container shipping services market (Hamburg Süd / Maersk Line)
DG COMP (Brussels)
MERGERS: COMMISSION APPROVES ACQUISITION OF HAMBURG SÜD BY MAERSK LINE, SUBJECT TO CONDITIONS* The European Commission has cleared under the EU Merger Regulation the proposed acquisition of container liner shipping company Hamburg Südamerikanische Dampfschifffahrts-Gesellschaft KG (HSDG) of (...)

The EU Commission clears a merger subject to remedies on the pesticides and plant growth regulators market (ChemChina / Syngenta)
DG COMP (Brussels)
MERGERS: COMMISSION CLEARS CHEMCHINA ACQUISITION OF SYNGENTA, SUBJECT TO CONDITIONS* The European Commission has approved under the EU Merger Regulation the proposed acquisition of Syngenta (based in Switzerland) by ChemChina. The approval is conditional on the divestiture of significant parts (...)

The EU Commission approves the acquisition of a leading global R&D crop protection company by a leading global generic crop protection company, subject to remedies (ChemChina / Syngenta)
DG COMP (Brussels)
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DG COMP (Brussels)
ChemChina/Syngenta: when growth is no longer organic* In a nutshell: This case concerned the acquisition of Syngenta by ChemChina, which already controlled Adama, the largest supplier of generic crop protection products. Adama is the largest generic company in this industry worldwide and in (...)

The EU Commission issues a decision prohibiting a merger between two stock exchange companies due to the risk of foreclosure in the markets for post-trade services (Deutsche Börse / London Stock Exchange Group)
Compass Lexecon (London)
Introduction On 29 March 2017, the European Commission issued its decision prohibiting the merger between Deutsche Börse AG (“DBAG”) and London Stock Exchange Group (“LSEG”). The Commission was concerned about, inter alia, the risk of foreclosure in the markets for post-trade services. In this (...)

The EU Commission prohibits a merger in the financial markets (Deutsche Börse / London Stock Exchange)
DG COMP (Brussels)
MERGERS: COMMISSION BLOCKS PROPOSED MERGER BETWEEN DEUTSCHE BÖRSE AND LONDON STOCK EXCHANGE * The European Commission has prohibited the proposed merger between Deutsche Börse AG and London Stock Exchange Group under the EU Merger Regulation. The Commission’s investigation concluded the merger (...)

The German Federal Ministry for Economic Affairs and Energy proposes establishing a Digital Agency for the regulation of digital markets
Hogan Lovells (Brussels)
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Hogan Lovells (Munich/Frankfurt)
Germany suggests ramping up regulation of digital platforms by establishing Digital Agency with robust antitrust mandate* Will Germany establish a “Digital Agency” to monitor compliance with competition law rules in digital markets? Will a German “Digital Antitrust Enforcer” become a role model (...)

The German Competition Authority clears a merger in the sanitary wholesale market (Wilhelm Gienger / Cordes & Graefe)
German Competition Authority (Bonn)
BUNDESKARTELLAMT CLEARS MERGER BETWEEN SANITARY WHOLESALERS* The Bundeskartellamt has cleared the acquisition of the business operations of Wilhelm Gienger GmbH, Stuttgart, by Cordes & Graefe KG, Bremen, after the companies changed their original plans in response to concerns expressed by (...)

The EU Commission clears a merger in the energy sector (Gamesa / Siemens)
DG COMP (Brussels)
MERGERS: COMMISSION CLEARS ACQUISITION OF GAMESA BY SIEMENS* The European Commission has cleared unconditionally under the EU Merger Regulation the proposed acquisition of wind turbine manufacturer Gamesa by Siemens. The Commission found that the transaction raises no competition concerns, (...)

The Russian Competition Authority sends a warning to a multinational technology company suspected of abuse of dominance (Apple)
Russian Federal Antimonopoly Service (Moscow)
FAS issued a warning to “Apple Rus” Ltd.* By 1 May 2017 the company should open a unified service centre in the Russian Federation On 20 February 2017, the FAS Commission investigated a case against “Apple Rus” Ltd. According to a statement received by FAS, in 2016 service centres failed to (...)

The French Competition Authority clears a merger on the upstream markets of broadcasting rights of television programmes (Shine / Endemol)
French Competition Authority (Paris)
THE AUTORITÉ DE LA CONCURRENCE CLEARS THE ACQUISITION OF SHINE FRANCE BY THE ENDEMOL SHINE GROUP * On 2 February 2017, Endemol Shine notified the Autorité de la concurrence of its planned acquisition of sole control of the company Shine France which, prior to the transaction, it controlled (...)

The EU Commission refers the review of a merger concerning two private hospital groups back to the French Competition Authority (Médipôle-Partenaires / Elsan)
French Competition Authority (Paris)
THE EUROPEAN COMMISSION HAS REFERRED THE REVIEW OF THE ACQUISITION OF MÉDIPÔLE-PARTENAIRES BY ELSAN BACK TO THE AUTORITÉ DE LA CONCURRENCE* On 31 January 2017, the European Commission has referred the review of the acquisition of sole control of Médipôle-Partenaires by Elsan, two private hospital (...)

The German Competition Authority clears a wet-lease agreement concerning aircrafts in accordance with German merger rules (Lufthansa / Air Berlin)
German Competition Authority (Bonn)
LUFTHANSA MAY LEASE AIRCRAFT FROM AIR BERLIN * Today the Bundeskartellamt has cleared the wet-lease agreement on 38 passenger aircraft between Lufthansa and Air Berlin. The agreement was proactively notified by the parties according to German merger control rules. With the wet-lease agreement (...)

The EU Commission clears a merger in the voltage cable business and power cable accessories business markets (ABB’s / NKT)
DG COMP (Brussels)
MERGERS: COMMISSION CLEARS ACQUISITION OF ABB’S HIGH VOLTAGE CABLE AND CABLE ACCESSORIES BUSINESSES* The European Commission has cleared unconditionally under the EU Merger Regulation the proposed acquisition of ABB’s high voltage cable business and power cable accessories business by NKT. The (...)

The EU Commission clears an acquisition between two leading global manufacturers of threat detection equipment subject to remedies (Smiths / Morpho Detection)
DG COMP (Brussels)
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University of Tokyo
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DG COMP (Brussels)
SMITHS GROUP / MORPHO DETECTION: MAINTAINING SECURITY THROUGH INNOVATION * In a nutshell: Smiths’ acquisition of Morpho Detection brought together two leading suppliers of the equipment used to detect explosives and narcotics. This equipment is omnipresent at security checks in airports and is (...)

The EU Commission clears a merger subject to remedies in the threat detection equipment business market (Smiths / Morpho Detection)
DG COMP (Brussels)
MERGERS: COMMISSION CLEARS ACQUISITION OF MORPHO DETECTION BY SMITHS, SUBJECT TO CONDITIONS* The European Commission has cleared under the EU Merger Regulation the proposed acquisition of Morpho Detection, the threat detection equipment business of Safran of France, by Smiths of the UK. The (...)

The Polish Supreme Court finds that a decision of the Competition Authority and the judgment of the Court of Appeal failed to establish a sufficiently precise relevant market definition to enable the finding of an abuse of dominance in the natural gas sector (PGNiG)
Utrecht University
,
Affre i Wspólnicy (Warsaw)
In the judgment of the Supreme Court (“SC”) of 10 January 2017, (III SK 61/15) concerning the alleged abuse of dominant position by PGNiG S.A. – a Polish natural gas company, the case was referred back to the Court of Appeal in Warsaw (“CA”). The SC found that neither the President of the Office of (...)

The Spanish Competition Authority clears a merger subject to remedies in the healthcare sector (Fresenius Helios / Quironsalud)
Callol, Coca & Asociados (Madrid)
The acquisition (Transaction) of Quironsalud by Fresenius Helios had been initially notified to the European Commission, who referred the Transaction to the SCA under Article 9 of the EU Merger Regulation. On 22 December 2016, the SCA issued its phase I decision authorizing the Transaction (...)

The EU Commission clears a merger, subject to remedies, in the market of dairy products (WhiteWave / Danone)
DG COMP (Brussels)
MERGERS: COMMISSION APPROVES ACQUISITION OF WHITEWAVE BY DANONE, SUBJECT TO CONDITIONS* The European Commission has cleared under the EU Merger Regulation the proposed acquisition of WhiteWave, a US-based manufacturer of packaged foods and beverages, by the French Danone group. The clearance (...)

The Polish Competition Authority clears a merger, subject to remedies, in the wholesale and retail sale of everyday consumer goods market (Dystrybucja Alkoholi / Eurocash)
Polish Competition Authority (Warsaw)
CONDITIONAL CONCENTRATION CLEARANCE: EUROCASH - PDA* The President of the Office of Competition and Customer Protection (UOKiK) gave his consent to a takeover of Polska Dystrybucja Alkoholi by Eurocash. The transaction may take place providing the purchase of a warehouse in Pabianice is (...)

The Polish Competition Authority gives conditional consent to a merger of undertakings operating on the market for wholesale and retail sale of alcoholic beverages (Eurocash / Polska Dystrybucja Alkoholi)
WKB Wierciński Kwieciński Baehr (Warsaw)
,
WKB Wierciński Kwieciński Baehr (Warsaw)
In its decision of December 2016, the Polish Competition Authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, the “OCCP President” or the “Authority”) has given his conditional consent for Eurocash to take control over Polska Dystrybucja Alkoholi (hereinafter the “PDA”). Both undertakings (...)

The Dutch Competition Authority clears a merger in the telecommunication market (Vodafone Thuis / T-Mobile)
Netherlands Authority for Consumers & Markets (The Hague)
ACM CLEARS ACQUISITION OF VODAFONE THUIS BY T-MOBILE* Telecom provider T-Mobile is allowed to acquire the fixed-telecom division of Vodafone Netherlands. Vodafone has branded this division ‘Vodafone Thuis,’ which offers services for fixed telephony, TV, and internet. The Netherlands Authority (...)

The EU Commission clears a merger subject to remedies on the professional social networks market (Microsoft / LinkedIn)
DG COMP (Brussels)
MERGERS: COMMISSION APPROVES ACQUISITION OF LINKEDIN BY MICROSOFT, SUBJECT TO CONDITIONS* The European Commission has approved under the EU Merger Regulation the proposed acquisition of LinkedIn by Microsoft. The decision is conditional on compliance with a series of commitments aimed at (...)

The EU Commission conditionally clears a merger in the professional social network market (Microsoft / LinkedIn)
McDermott Will & Emery (Brussels)
European Commission Approves Microsoft Acquisition of LinkedIn Subject to Conditions* On 6 December 2016, the European Commission cleared the acquisition of LinkedIn by Microsoft, subject to Microsoft granting LinkedIn’s competitors access to certain LinkedIn tools. “BIG DATA” CONCERNS ANALYSED (...)

The UK Competition Authority launches a market test concerning a merger in the fruit juice market (Hain / Orchard)
United Kingdom’s Competition Authority - CMA (London)
CMA CONSULTS ON FRUIT JUICE MERGER UNDERTAKINGS* The CMA is consulting on undertakings offered by Hain to address merger competition concerns arising from its purchase of Orchard. Hain Frozen Foods UK Limited (Hain) and Orchard House Foods Limited (Orchard) are the only 2 suppliers of (...)

The French Competition Authority clears a merger in the food wholesale sector and breaks with its previous practice concerning the delimitation of the market (Metro / Colruyt France)
French Competition Authority (Paris)
THE AUTORITÉ DE LA CONCURRENCE CLEARS METRO’S ACQUISITION OF COLRUYT FRANCE (PRO-À-PRO)* On 28 November 2016, the European Commission referred the review of the acquisition of Colruyt France SAS (“Colruyt France”) by Metro AG (“Metro) back to the Autorité de la concurrence (see note on referrals in (...)

The OECD holds a roundtable on geographic market definition across national borders
OECD - Competition Division (Paris)
Executive summary, by the Secretariat* Working Party No. 3 held a roundtable discussion on 28 November 2016 to discuss geographic market definition across national borders. Considering the roundtable discussion, the delegates’ written contributions, presentations from the expert panellists and (...)

The EU Commission clears a merger, subject to remedies, in the container liner shipping market (Hapag-Lloyd / UASC)
DG COMP (Brussels)
MERGERS: COMMISSION APPROVES CONTAINER LINER SHIPPING MERGER BETWEEN HAPAG-LLOYD AND UASC, SUBJECT TO CONDITIONS* The European Commission has cleared under the EU Merger Regulation the proposed acquisition of United Arab Shipping Company ("UASC") by Hapag-Lloyd of Germany, subject to (...)

The EU Commission clears a merger subject to remedies in the pharmaceutical sector (Abbott Laboratories / St Jude Medical)
DG COMP (Brussels)
MERGERS: COMMISSION APPROVES ACQUISITION OF ST JUDE MEDICAL BY ABBOTT LABORATORIES, SUBJECT TO CONDITIONS* The European Commission has approved under the EU Merger Regulation the proposed acquisition of St Jude Medical by Abbott Laboratories, both US based companies that develop and market (...)

The Turkish Competition Authority publishes its reasoned decision on the investigations conducted upon the allegation of resale price fixing in the auto gas market (Aygaz)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case note analyses the Turkish Competition Board’s (“Board”) Aygaz decision dated 16.11.2016 with No. 16-39/659-294. The Board assessed allegations that Aygaz and its wholly-owned subsidiary, Mogaz A.Ş. (“Mogaz”), had engaged in resale price maintenance (“RPM”). Background The Board initiated (...)

The EU Commission clears a merger subject to remedies in the animal health market (Boehringer Ingelheim / Sanofi)
DG COMP (Brussels)
MERGERS: COMMISSION APPROVES ACQUISITION OF SANOFI’S ANIMAL HEALTH BUSINESS MERIAL BY BOEHRINGER INGELHEIM, SUBJECT TO CONDITIONS* The European Commission has approved under the EU Merger Regulation the acquisition of the animal health business of Sanofi (Merial) of France by Boehringer (...)

The French Competition Authority fines €80 million a multinational telecom company for the premature completion of two mergers (Altice & SFR / OTL)
French Competition Authority (Paris)
The Autorité de la concurrence fines the Altice group 80 million euros for the premature completion of two mergers notified in 2014* The Autorité de la concurrence issued a decision today to fine jointly Altice Luxembourg and SFR Group 80 million euros, in application of Section II of Article (...)

The US Court of Appeals for the Seventh Circuit overturns a district court decision which denies a motion by the FTC to enjoin the proposed merger in a hospital merger case (FTC / Advocate Health Network)
McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Washington)
On October 31, 2016, the US Court of Appeals for the Seventh Circuit handed another important victory to the Federal Trade Commission (FTC) and the State of Illinois in a hospital merger case in Chicago, Illinois. This decision follows closely on the heels of the FTC’s victory earlier this year (...)

The US Court of Appeals for the Seventh Circuit considers potential discrimination between taxis and transportation network providers (Illinois Transport Association / City of Chicago)
Office of Competition and Consumer Protection (Warsaw)
Sharing and traditional economy: matter of substitutability ... between cats and dogs?* Sharing economy firms are disrupting traditional industries across the globe. As Tom Goodwin once put it: “Uber, the world’s largest taxi company, owns no vehicles. Facebook, the world’s most popular media (...)

The French Competition Authority clears a merger in the line products and travel services markets (Bazarchic / Galeries Lafayette)
French Competition Authority (Paris)
THE AUTORITÉ DE LA CONCURRENCE CLEARS THE ACQUISITION OF THE BAZARCHIC BY THE GALERIES LAFAYETTE GROUP* The Galeries Lafayette group notified the Autorité de la Concurrence on 27 September 2016 of its intention to acquire the Bazarchic Company. After considering the transaction’s effects on the (...)

The EU Commission opens an in-depth investigation regarding a merger in the market of railway equipment manufacturing (Wabtec / Faiveley)
DG COMP (Brussels)
MERGERS: COMMISSION OPENS IN-DEPTH INVESTIGATION INTO WABTEC’S PROPOSED TAKEOVER OF RAILWAT EQUIPMENT MANUFACTURER FAIVELEY* The European Commission has opened an in-depth investigation to assess whether the proposed acquisition of Faiveley Transport of France by Westinghouse Air Brake (...)

The UK Competition Authority accepts merger remedies proposed by a leading global interdealer broker (Tullett Prebon)
United Kingdom’s Competition Authority - CMA (London)
CMA ACCEPTS BROKER MERGER UNDERTAKINGS* The CMA has accepted undertakings from Tullett Prebon and will not refer its merger with IGBB for an in-depth investigation. Tullett Prebon plc and ICAP plc are leading global interdealer brokers, companies that sit between investment banks helping to (...)

The UK Competition Authority issues its final report on private healthcare
United Kingdom’s Competition Authority - CMA (London)
CMA publishes final report on private healthcare remittal* The CMA has decided, following new evidence, that extra remedies in London’s private healthcare market would not be proportionate. The Competition Commission, a predecessor body of the Competition and Markets Authority (CMA), started a (...)

The UK Competition Authority opens an in-depth investigation concerning a merger in the market of supply of ATMs (Diebold / Wincor)
United Kingdom’s Competition Authority - CMA (London)
CASHPOINT MERGER FACES IN-DEPTH INVESTIGATION* Diebold and Wincor face an in-depth merger investigation by the CMA unless the companies offer undertakings to address competition concerns. Diebold, Incorporated (Diebold) and Wincor Nixdorf AG (Wincor) both supply ATMs (cashpoints) to banks and (...)

The UK Competition Authority opens an in-depth investigation concerning a merger between two toy suppliers (VTech / LeapFrog)
United Kingdom’s Competition Authority - CMA (London)
MERGER OF TOY SUPPLIERS COULD FACE IN-DEPTH INVESTIGATION* VTech could face an in-depth merger investigation over competition concerns arising from its completed merger with LeapFrog. VTech Holdings Ltd (VTech) and LeapFrog Enterprises Inc (LeapFrog) are 2 of the 3 largest suppliers of (...)

The EU Commission clears a merger, subject to remedies, in the lifting equipment market (Konecranes / Terex)
DG COMP (Brussels)
MERGERS: COMMISSION APPROVES KONECRANES’ ACQUISITION OF TEREX’S CRANE AND CONTAINER HANDLING BUSINESS, SUBJET TO CONDITIONS* The European Commission has cleared under the EU Merger Regulation the acquisition by Konecranes of Terex’s crane and container handling business, MHPS. The decision is (...)

The EU Commission clears a merger subject to remedies in the pharmaceutical sector (Boehringer Ingelheim / Sanofi)
DG COMP (Brussels)
MERGERS: COMMISSION CLEARS ACQUISITION OF BOEHRINGER INGELHEIM’S CONSUMER HEALTH BUSINESS BY SANOFI, SUBJEC TO CONDITIONS* The European Commission has approved under the EU Merger Regulation the proposed acquisition of the consumer health business of Germany’s Boehringer Ingelheim by Sanofi of (...)

The EU Commission clears acquisition that creates global number two animal health company, subject to fix-it-first remedy including a technology transfer of vaccines (Boehringer Ingelheim / Sanofi)
DG COMP (Brussels)
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Sullivan & Cromwell (Brussels)
BOEHRINGER INGELHEIM/SANOFI ANIMAL HEALTH - THE TIMELY INJECTION OF A FIX-ITFIRST REMEDY* In a nutshell: The acquisition of Sanofi’s animal health business by Boehringer Ingelheim led to competition concerns in a number of animal vaccine and pharmaceutical markets. The remedy put forward (...)

The EU Commission clears a merger, subject to remedies, in the telecommunication market and rejects a referral request issued by the Dutch competition authority (Vodafone / Liberty Global)
DG COMP (Brussels)
MERGERS: COMMISSION CLEARS VODAFONE/LIBERTY GLOBAL TELECOMS JOINT VENTURE, SUBJECT TO CONDITION; REJECTS REFERRAL REQUEST BY DUTCH COMPETITION AUTHORITY * The European Commission has cleared under the EU Merger Regulation the proposed creation of a joint venture in the Netherlands by mobile (...)

The EU Commission conditionally clears the creation of a joint venture between two mobile telecom operators (Vodafone / Liberty Global)
Van Bael & Bellis (Brussels)
On 3 August 2016, the European Commission conditionally cleared the creation of a joint venture between mobile telecom operator Vodafone and cable company Liberty Global in the Netherlands. The joint venture will offer unified communications services and will compete with KPN, the only other (...)

The German Competition Authority informs the public that manufacturers of glass fibre nonwovens has withdrawn their merger notification (Ahlstrom / Owens Corning)
German Competition Authority (Bonn)
MANUFACTURERS OF GLASS FIBRE NONWOVENS WITHDRAW MERGER NOTIFICATION * The Bundeskartellamt confirms that the notification of the planned merger between European Owens Corning Fiberglas Sprl, Watermael-Boitsfort, Belgium (’Owens Corning’) and Ahlstrom Glassfibre Oy, Kotka, Finland (’Ahlstrom’) (...)

The German Competition Authority issues its preliminary assessment concerning a merger in the food retail market (Rewe / Coop)
German Competition Authority (Bonn)
BUNDESKARTELLAMT ISSUES PRELIMINARY ASSESSMENT OF THE PLANNED REWE/COOP MERGER* In response to enquiries the Bundeskartellamt confirms that on 25.07.2016 it sent the parties concerned in the Rewe/Coop merger control proceedings its draft decision in the matter. In addition to the parties to (...)

The EU Commission clears a merger, subject to remedies, in the markets for satellites and launch services (Arianespace / ASL)
DG COMP (Brussels)
MERGERS: COMMISSION APPROVES ACQUISITION OF ARIANESPACE BY ASL, SUBJECT TO CONDITIONS* Following an in-depth review, the European Commission has approved under the EU Merger Regulation, the acquisition of Arianespace by Airbus Safran Launchers (ASL), a joint venture between Airbus and Safran. (...)

The French Competition Authority holds that the relevant market for retail distribution of electronic products comprises both physical and online stores (Fnac / Darty)
Cleary Gottlieb Steen & Hamilton (Rome)
THE FRENCH COMPETITION AUTHORITY HOLDS THAT THE RELEVANT MARKET FOR RETAIL DISTRIBUTION OF ELECTRIC PRODUCT COMPRISES BOTH PHYSICAL AND ONLINE STORES* On 18 July 2016, the French Competition Authority (FCA or the Authority) cleared the acquisition of Darty by the Fnac group, a move which will (...)

The EU Commission considers comparison shopping services and advertising related practices (Google AdSense)
International Center for Law & Economics (Portland)
Everything is amazing - and no-one at the European Commission is happy* Since the European Commission (EC) announced its first inquiry into Google’s business practices in 2010, the company has been the subject of lengthy investigations by courts and competition agencies around the globe. (...)

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)
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DG COMP (Brussels)
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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 (...)

The EU Commission clears a merger subject to remedies in the market for the production and supply of plastic bumpers (Plastic Omnium / Faurecia)
DG COMP (Brussels)
MERGERS: COMMISSION CLEARS ACQUISITON OF AN AUTOMOTIVE COMPONENT BUSINESS OF FAURECIA BY PLASTIC OMNIUM, SUBJECT TO CONDITIONS* The Commission has cleared under the EU Merger Regulation the proposed acquisition of the automotive plastic exterior component business of Faurecia by Compagnie (...)

The US District Court for the Northern District of Illinois Eastern Division denies preliminary injunction on the basis that geographic market analysis was erroneous in a hospital merger case (Advocate Health / NorthShore)
Constantine Cannon (Washington)
GEOGRAPHIC MARKET DEFINITION TRIPS UP FTC AS FEDERAL COURT REJECTS CHALLENGE TO ADVOCATE-NOTHSHORE HOSPITAL MERGER* The loss of the Federal Trade Commission (“FTC”) in a hospital merger case in the U. S. District Court for the Northern District of Illinois last week highlights just how tricky (...)

The UK Competition Authority accepts merger remedies proposed by a company specialized in record management services (Iron Mountain / Recall)
United Kingdom’s Competition Authority - CMA (London)
CMA ACCEPTES RECORDS MANAGEMENT UNDERTAKINGS* The CMA has accepted undertakings from Iron Mountain Inc to sell C21 Data Services in Aberdeen and Dundee to an approved buyer. Iron Mountain and Recall both provide records management services, which comprise the storage and retrieval of paper (...)

The German Competition Authority issues a working paper on the market power of platforms and networks
German Competition Authority (Bonn)
Bundeskartellamt publishes working paper on "Market Power of Platforms and Networks"* The Bundeskartellamt has today published a working paper which deals with the "Market Power of Platforms and Networks" in the Internet. The report focuses on the factors relevant for assessing the market (...)

The German Competition Authority launches a sectoral inquiry into hospitals to examine and analyse competitive conditions in the sector
German Competition Authority (Bonn)
SECTOR INQUIRY INTO HOSPITALS* The Bundeskartellamt has launched a sector inquiry into the hospital service to examine and analyse competitive conditions in the sector. In the light of increasing consolidation the authority frequently has to deal with planned mergers between different hospital (...)

The EU Commission clears a merger subject to remedies in the market of building materials (HeidelbergCement / Italcementi)
DG COMP (Brussels)
MERGERS: COMMISSION APPROVES ACQUISITION OF BUILDING MATERIALS GROUP ITALCEMENTI BY HEIDELBERGCEMENT, SUBJECT TO CONDITIONS* The European Commission has cleared under the EU Merger Regulation the proposed acquisition of Italian building materials group Italcementi by its German competitor (...)

The French and German Competition Authority publish a joint study on competition law and data
French Competition Authority (Paris)
The French Autorité de la concurrence and the German Bundeskartellamt publish joint paper on data and its implications for Competition Law* The increasing collection, processing and commercial use of data in digital markets has prompted a broad debate about the role of data in corporate (...)

The German Competition Authority clears a merger between producers of equipment for semiconductor manufacture (KLA-Tencor Corporation / Milpitas / Lam Research Corporation / Fremont)
German Competition Authority (Bonn)
BUNDESKARTELLAMT CLEARS PLANNED MERGER OF PRODUCERS OF EQUIPMENT FOR SEMICONDUCTOR MANUFACTURE* The Bundeskartellamt has cleared the planned merger between KLA-Tencor Corporation, Milpitas, USA, and Lam Research Corporation, Fremont, USA. Both parties to the merger are internationally active (...)

The EU Commission clears, subject to remedies, a merger between two container liner shippers (CMA CGM / NOL)
DG COMP (Brussels)
MERGERS: COMMISSION APPROVES CONTAINER LINER SHIPPING MERGER BETWEEN CMA CGM AND NOL, SUBJECT TO CONDITIONS* The European Commission has cleared under the EU Merger Regulation the proposed acquisition of Neptune Oriental Lines ("NOL") of Singapore by rival CMA CGM, a French shipping company (...)

The Turkish Competition Authority unconditionally clears the acquisition of a 5-star hotel chain (Marriott / Starwood)
Ankara Hacı Bayram Veli University (Ankara)
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has unconditionally cleared in Phase I the acquisition of the sole control of Starwood by Marriott in the market for 4- and 5-star hotels. The Operation On March 1, 2016, the TCA received a (...)

The Finnish Competition Authority clears a merger subject to remedies on the food retail market (Kesko Food / Suomen Lähikauppa)
Finnish Competition and Consumer Authority (Helsinki)
FCCA TO APPROVE A MERGER BETWEEN KESKO FOOD AND SUOMEN LÄHIKAUPPA, SUBJECT TO CONDITIONS* The Finnish Competition and Consumer Authority (FCCA) has approved Kesko Food Ltd’s acquisition of Suomen Lähikauppa Oy, subject to certain conditions. The conditions imposed by the FCCA are an obligation to (...)

The Dutch Competition Authority clears a merger between two rivals in the pharmaceutical sector (DA group / Holland Pharma)
Netherlands Authority for Consumers & Markets (The Hague)
ACM CLEARS ACQUISITION OF DA GROUP BY RIVAL HOLLAND PHARMA* The Netherlands Authority for Consumers and Markets (ACM) has cleared the acquisition of the DA group by Holland Pharma Exploitatie B.V. Both Holland Pharma and DA are wholesale companies that trade in drugstore items. In addition, DA (...)

The German Competition Authority approves a merger between two central banks in the cooperative banking sector (DZ Bank / WGZ Bank)
German Competition Authority (Bonn)
Bundeskartellamt clears merger of the two central banks in the German cooperative banking sector* The Bundeskartellamt has cleared the merger of the two central banks in the German cooperative banking sector, DZ BANK AG (Frankfurt) and WGZ BANK AG (Düsseldorf). The cooperative banks are (...)

The French Competition Authority opens an in-depth investigation regarding a merger on the market of retail of cultural and electronic products (Fnac / Darty)
French Competition Authority (Paris)
THE AUTORITÉ DE LA CONCURRENCE IS OPENING A PHASE 2 EXAMINATION OF THE ACQUISITION OF THE DARTY COMPANY BY THE FNAC GROUP* On 17 February 2016, the Fnac group notified the Autorité of its proposed acquisition of the Darty company. Under its examination of the case, and following an initial (...)

The EU Commission clears a merger, subject to remedies, in the pharmaceutical market (Teva / Allergan Generics)
DG COMP (Brussels)
MERGERS: COMMISSION APPROVES ACQUISITION OF ALLERGAN GENERICS BY TEVA, SUBJECT TO CONDITIONS The European Commission has approved under the EU Merger Regulation the proposed acquisition of the generics business of Allergan of Ireland, by Teva of Israel, subject to conditions. Both companies (...)

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