Market definition in mergers

Mergers

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 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 French Competition Authority clears a merger, subject to remedies taking the form of a divestiture prior to the acquisition, 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 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)
British 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 Department of Justice agrees to use binding arbitration to resolve merger disputes for a new approach in antitrust enforcements (Novelis / Aleris)
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 Department of Justice provides details on the use of arbitration to resolve a challenge to a proposed acquisition in the market of aluminum sheet (Novelis / Aleris)
Jones Day (Washington DC)
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Jones Day (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 US Department of Justice and merging parties submit market definition question to binding arbitration (Aleris / Novelis)
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 Department of Justice agrees to refer the product market definition to binding arbitration (Aleris / Novelis)
Jones Day (Washington DC)
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Jones Day (Washington DC)
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Jones Day (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 French Competition Authority clears a merger subject to remedies in the magazines 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 market for air transport of passengers (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 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 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 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 merger control 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 clears a merger subject to remedies in the markets of insurance broking services for specialty sectors and the provision of employee benefits-related 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 by Compagnie Financière Européenne de Prise de Participation (COFEPP) On 3 January 2019, the Compagnie Financière Européenne de Prises de Participation (“Cofepp”) notified (...)

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 for 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 French Competition Authority clears a merger by approving in advance remedies that ended competition issues 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 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 (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 Italian Competition Authority conditionally clears a merger in the optical sector (Luxottica / Barberini)
Desogus Law Office (Cagliari)
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)
British 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 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)
Desogus Law Office (Cagliari)
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 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 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 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 French Competition Authority clears a merger in the media market (Newen/TF1)
French Competition Authority (Paris)
Television/Audiovisual production* The Autorité de la concurrence clears the acquisition of sole control of Newen by TF1 On 21 January 2016, the Autorité de la concurrence cleared the acquisition of joint control of Newen, which produces programmes broadcasted on television such as the series (...)

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 (Solvay’s nylon business / BASF)
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 & Associados (Porto)
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Morais Leitão, Galvão Teles, Soares da Silva & Associados (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 OECD holds a roundtable on market concentration
OECD - Competition Division
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)
The Autorité de la concurrence clears the acquisition of the Dimeco society (Connexion, Circuit Ménager) by the Cafom group (But and Darty)* Parties to the transaction On 18 April 2018, the Cafom group notified the Autorité de la concurrence of its project to acquire the Dimeco society, which (...)

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 obtains 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 (...)

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 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 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: Commission opens 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 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 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 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 Portuguese Competition Authority clears a merger between tour operators (Escalatur / Nortravel)
Morais Leitão, Galvão Teles, Soares da Silva & Associados (Porto)
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Morais Leitão, Galvão Teles, Soares da Silva & Associados (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 Belgian Competition Authority clears the acquisition of a Belgian football club by an investment company (Royal Sporting Club Anderlecht / Alychlo)
Belgian Competition Authority (Brussels)
The Belgian Competition Authority approves the acquisition of Royal Sporting Club Anderlecht by Alychlo* The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) has approved on 28 March 2018 the acquisition of Royal Sporting Club Anderlecht by Alychlo. The (...)

The US Federal Trade Commission challenges merger in the market for marine water treatment chemicals due to the potential negative effects on the relevant market’s large customers (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 Belgian Competition Authority clears a merger subject to remedies in the market of garages for maintenance and repairs of trucks (Kant / Volvo)
Belgian Competition Authority (Brussels)
The Competition College of the BCA authorises conditionally the acquisition of garages of the group Kant by Volvo Group Belgium* The Competition College of the Belgian Competition Authority (BCA) has authorised on 31 January 2018 the acquisition of garages of Kant NV by Volvo Group Belgium NV. (...)

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 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 Turkish Competition Board 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 French Competition Authority clears a merger on 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 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 conditions* 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 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)
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 market via SeLoger.com, (...)

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)
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 two companies (...)

The Belgian Competition Authority clears a merger subject to remedies on the telecommunication market (Coditel / Telenet)
Belgian Competition Authority (Brussels)
The BCA has approved conditionally the acquisition of Coditel by Telenet* The Competition College of the Belgian Competition Authority (BCA) has approved conditionally on 12 June 2017 the acquisition of Coditel Brabant SPRL and her subsidiary Coditel SARL (hereafter ‘Coditel’) by Telenet Group (...)

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 commitment that clinical development of innovative insomnia drugs will not be adversely affected by the merger (Johnson & Johnson / Actelion)
DG COMP (Brussels)
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Spanish Ministry of Economy, Industry and Competitiveness (Madrid)
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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 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 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, on 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 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 cinema sector (Odeon / Vue)
British Competition Authority - CMA (London)
CMA accepts Manchester cinemas sale* In December, the Competition and Markets Authority (CMA) announced that AMC (UK) Acquisition Ltd’s (AMC’s) purchase of Odeon and UCI Cinemas Holdings Ltd (Odeon) would face an in-depth investigation, unless AMC could address concerns over the merger’s effect (...)

The UK Competition Authority clears a merger subject to remedies on the market of payment systems (MasterCard / VocaLink)
British 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 on 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 acquisition of leading global R&D crop protection company by leading global generic crop protection company, subject to remedies (ChemChina / Syngenta)
DG COMP (Brussels)
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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 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 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 German Competition Authority clears a merger on 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 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 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 by NKT* 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 (...)

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 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 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, subject to remedies, on the threat detection equipment business market (Morpho Detection / Smiths)
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 EU Commission clears acquisition between two leading global manufacturers of threat detection equipment, subject to remedies (Smiths Group / Morpho Detection)
DG COMP (Brussels)
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DG COMP (Brussels)
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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 Spanish Competition Authority clears a merger subject to remedies in the healthcare sector (Quironsalud / Fresenius Helios)
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 UK Competition Authority accepts merger remedies proposed by petrol and diesel retailers (Dover / Wayne)
British Competition Authority - CMA (London)
CMA accepts remedies in fuel pumps merger* The CMA has accepted undertakings from Dover to remedy competition concerns arising from its merger with Wayne. This follows the Competition and Markets Authority’s (CMA) intervention to ensure that choice is maintained for petrol and diesel retailers (...)

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 Office 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)
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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 French Competition Authority clears a merger, subject to remedies, on the slaughtering and meat processing market (Sicavyl / Sicarev)
French Competition Authority (Paris)
The Autorité de la concurrence clears the merger between Sicavyl and Sicarev, subject to conditions* Parties to the operation On 4 November 2016, the agricultural cooperatives Sicarev and Sicavyl, mainly active in the meat sector, notified the Autorité de la concurrence of their intended (...)

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 clears a merger, subject to remedies, on 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 Belgian Competition Authority clears a merger subject to remedies in the sector of newspapers distribution and delivery of small parcels (AMP / LS Distribution Benelux / bpost)
Belgian Competition Authority (Brussels)
The Competition College of the BCA has approved conditionally the acquisition of AMP and LS Distribution Benelux by bpost* The Competition College of the Belgian Competition Authority has on 8 November 2016 conditionally approved the acquisition of AMP NV and LS Distribution Benelux NV by (...)

The EU Commission clears a merger subject to remedies on 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 a multinational telecoms company for the premature completion of two mergers (Altice)
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 French Competition Authority clears a merger on the end of 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 French Competition Authority clears a merger subject to remedies in the airports market (Aéroports de Lyon / Vinci Airports)
French Competition Authority (Paris)
The Autorité de la concurrence clears the acquisition of Aéroports de Lyon by Vinci Airports, subject to commitments* On 6 September 2016, Vinci Airports, a subsidiary of the Vinci group, notified the Autorité de la concurrence of its acquisition of sole control of Aéroports de Lyon, the company (...)

The UK Competition Authority accepts merger remedies proposed by a leading global interdealer broker (Tullett Prebon)
British 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 accepts merger remedies proposed by a company specialized in records management services (Iron Mountain)
British Competition Authority - CMA (London)
CMA accepts records management merger 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 (...)

The UK Competition Authority opens an in-depth investigation concerning a merger on the market of supply of ATMs (Diebold / Wincor)
British 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)
British 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 UK Competition Authority launches a market test concerning a merger on the fruit juice market (Hain / Orchard)
British 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 EU Commission clears 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, subject 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 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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Freshfields Bruckhaus Deringer
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 pharmaceutical sector (Boehringer Ingelheim / Sanofi)
DG COMP (Brussels)
Mergers: Commission clears acquisition of Boehringer Ingelheim’s consumer health business by Sanofi, subject 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 a merger, subject to remedies, on 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 conditions; 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 withdraw 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’) was (...)

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, on 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 French Competition Authority clears a merger, subject to remedies, on the market of retail of cultural and electronic products (Fnac / Darty)
French Competition Authority (Paris)
Retailing of "brown" and "grey" products* The Autorité de la concurrence clears, subject to the divestiture of 6 stores in Paris and the Parisian region, the acquisition of the Darty company by the Fnac group On 17 February 2016, the Fnac group notified its project to take over Darty to 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 acquisition 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 EU Commission clears acquisition between two automotive component manufacturers in the markets for plastic front bumpers, rear bumpers, and front end modules (FEM), subject to conditions (Plastic Omnium / Faurecia Exterior Automotive Business)
DG COMP (Brussels)
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DG COMP (Brussels)
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DG COMP (Brussels)
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 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-NorthShore 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 EU Commission clears a merger subject to remedies in the market of building materials (Italcementi / HeidelbergCement)
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 Competition Authority opens an in-depth investigation concerning a merger in the food retail sector (Auchan / System U)
French Competition Authority (Paris)
Retailing sector* The Autorité de la concurrence has decided to open an in-depth examination regarding the de facto merger of Auchan and System U. Auchan and System U groups have notified the Autorité de la concurrence of their merger project on December 30th 2015, after a referral of 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 railway 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 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)
University of Sussex (Brighton)
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 Belgian Competition Authority clears a merger subject to remedies in the market of multiplex cinemas (Kinepolis / Utopolis)
Belgian Competition Authority (Brussels)
The Belgian Competition Authority (BCA) has approved with remedies the acquisition by Kinepolis of two of the four multiplex cinemas of Utopolis* The Competition College of the Belgian Competition Authority has approved on 25 March 2016 the acquisition by Kinepolis of two of the four Utopolis (...)

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 Belgian Competition Authority clears a merger, subject to remedies, in the food retail market (Ahold / Delhaize)
Belgian Competition Authority (Brussels)
The Competition College of the BCA has authorised the merger of Ahold and Delhaize with remedies* The Competition College of the Belgian Competition Authority has authorised on the 15th of March 2016 the merger of Delhaize SA and Royal Ahold NV with the remedies proposed by the parties. The (...)

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 (...)

The Croatian Competition Authority clears a merger in the car manufacturing sector (Frey / Peugeot / Citroen)
Croatian Competition Agency (Zagreb)
Frey Automobil takes over Peugeot Hrvatska and Citroen Hrvatska* The Croatian Competition Agency (CCA) deemed compatible the concentration on the basis of which Frey Automobil acquires control over the undertakings Peugeot Hrvatska and Citroen Hrvatska. The acquisition of Peugeot Hrvatska and (...)

The EU Commission opens an in-depth investigation concerning a merger in the satellite and launch service markets (Arianespace / Airbus Safran Launchers)
DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into ASL’s acquisition of Arianespace* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Arianespace by Airbus Safran Launchers (ASL) under the EU Merger Regulation. The Commission has concerns (...)

The EU Commission clears a merger, subject to remedies, on the market of consumable dental products for the professional dental (Dentsply /Sirona)
DG COMP (Brussels)
Mergers: Commission approves Dentsply acquisition of dental equipment supplier Sirona, subject to conditions* The European Commission has approved under the EU Merger Regulation the proposed acquisition of dental equipment supplier Sirona by Dentsply, both of the US, subject to conditions. (...)

The EU Commission approves acquisition of a mobile network operator by virtual mobile network operator, subject to fix-it-first remedies (Liberty Global / BASE)
DG COMP (Brussels)
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DG COMP (Brussels)
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DG COMP (Brussels)
Liberty Global/BASE: Fixing it first in the Belgian mobile market* In a nutshell: Liberty Global/BASE entailed the acquisition of a mobile network operator by a mobile virtual network operator. The transaction prompted an in-depth investigation and was ultimately cleared with a fix-it-first (...)

The UK Competition Authority accepts a remedy concerning a merger in the serviced office space market (Regus / Avanta)
British Competition Authority - CMA (London)
CMA accepts remedy in serviced office space merger* The Competition and Markets Authority has today accepted a remedy to resolve competition concerns arising from Regus’ acquisition of Avanta. The Competition and Markets Authority (CMA) announced on 18 November 2015 that it would consider in (...)

The French Competition Authority clears a merger in the market of production of programmes broadcast on television (Newen / TF1 and Newen)
French Competition Authority (Paris)
The Autorité de la concurrence clears the acquisition of joint control of Newen by TF1 and FIFL* On 27 November 2015, TF1 and FIFL notified the Autorité de la concurrence of the acquisition of joint control of the FLCP (Fabrice Larue Capital Partners) Group, for which the principal company, (...)

The French Competition Authority opens an in-depth investigation concerning a merger on in the advertising sector (Metrobus / JCDecaux)
French Competition Authority (Paris)
The Autorité de la concurrence has decided to open an in-depth examination of the acquisition of the Metrobus Group by the JCDecaux Group* On 23 November 2015, JCDecaux SA notified the Autorité of its proposed acquisition of the Régie Publicitaire des Transports Parisiens Metrobus Publicité SA (...)

The EU Commission clears a merger in the market of airline computer reservations systems (Amadeus / Navitaire)
DG COMP (Brussels)
Mergers: Commission approves acquisition of Navitaire by Amadeus* The Commission approved under the EU Merger Regulation the acquisition of airline software provider Navitaire by rival Amadeus. The Commission concluded the companies’ IT solutions target different types of airlines and are (...)

The EU Commission clears a merger subject to remedies on the market of beverage can manufacturing (Ball / Rexam)
DG COMP (Brussels)
Mergers: Commission approves Ball’s acquisition of Rexam, subject to conditions* Following an in-depth review, the Commission has approved under the EU Merger Regulation the acquisition of beverage can manufacturer Rexam by rival Ball, subject to the divestment of 12 plants in the EEA. Ten of (...)

The EU Commission opens an in-depth investigation concerning a merger in the market of oilfield service (Halliburton / Baker Hughes)
DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into acquisition of oilfield service provider Baker Hughes by Halliburton* The European Commission has opened an in-depth investigation to assess whether the proposed acquisition of oilfield service supplier Baker Hughes by rival Halliburton (...)

The EU Commission unconditionally clears acquisition between two out of four integrators in the European small package delivery services market (FedEx / TNT)
DG COMP (Brussels)
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DG COMP (Brussels)
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DG COMP (Brussels)
FedEx/TNT: Signed, sealed, delivered: Clearance without remedies of 4-to-3 merger in the small package delivery services sector* In a nutshell: This is the second major merger review in the small package delivery services markets, following the prohibition by the Commission of the proposed (...)

The Lithuanian Competition Authority announces the entry into force of a new merger notification and examination procedure
Lithuanian Competition Authority (Vilnius)
New merger notification and examination procedure came into force in Lithuania* Lithuanian Competition Council (the Council) announced that the new Merger Notification and Examination Procedure (the Merger Procedure) had come into force on 1 January 2016. As of that date, all merger (...)

The French Competition Authority clears a merger concerning several retail markets (Charentes Alliance / Coréa cooperatives)
French Competition Authority (Paris)
Autorité de la Concurrence authorises the merger between the Charentes Alliance and Coréa cooperatives* On December 23rd 2015, the Charentes Alliance and Coréa cooperatives notified the Autorité that their organisations were planning to merge. Having undertaken a detailed analysis of the local (...)

The EU Commission clears a merger subject to remedies in the market of heating products (Elster / Honeywell)
DG COMP (Brussels)
Mergers: Commission approves acquisition of Elster by Honeywell, subject to conditions* The European Commission has approved under the EU Merger Regulation the proposed acquisition of Elster by Honeywell, subject to divestment of Honeywell’s gas metering business. The activities of the Elster (...)

The US FTC challenges office supplies merger, focusing exclusively on the business-to-business market (Staples / Office Depot)
Constantine Cannon (Washington)
FTC Moves To Break Up Staples Office Depot Merger* The Federal Trade Commission filed an administrative complaint yesterday seeking to block Staples, Inc.’s proposed $6.3 billion acquisition of rival Office Depot, Inc., claiming the merger would violate the antitrust laws by significantly (...)

The EU Commission pursues its in-depth investigation on a merger in the mobile telecommunications services market without referral to the UK NCA (Hutchison / Telefónica UK)
DG COMP (Brussels)
Mergers: Commission continues investigation of Hutchison 3G /Telefónica UK merger without referral to UK* Commission does not refer investigation of Hutchison/Telefónica UK merger to UK The European Commission has decided not to refer the planned acquisition of Telefónica UKby Hutchison to the (...)

The German Competition Authority clears a merger in the online advertising sector (Ströer / OMS)
German Competition Authority (Bonn)
Clearance of takeover by Ströer of online marketing company OMS* In first phase proceedings the Bundeskartellamt has cleared plans by Ströer SE, Cologne, to acquire all the shares in OMS-Vermarktungs GmbH & Co. KG, Düsseldorf. The merger project affects the online advertising sector. Andreas (...)

The German Competition Authority clears a merger in the waste management market (Remondis / Cortek Group)
German Competition Authority (Bonn)
Remondis can acquire Cortek Group* In second phase proceedings the Bundeskartellamt has cleared the acquisition of the Cortek group by REMONDIS GmbH & Co. KG, Kloster Lehnin. The Cortek group includes the following companies: Cortek Gesellschaft für Recycling und Entsorgungsleistungen mbH, (...)

The EU Commission approves the acquisition of a data centre operator by rival subject to the divestment of a number of data centres in Amsterdam, London and Frankfurt (Telecity / Equinix)
DG COMP (Brussels)
Mergers: Commission clears acquisition of Telecity by Equinix, subject to conditions* The European Commission has approved the proposed acquisition of data centre operator Telecity by rival Equinix subject to the divestment of a number of data centres in Amsterdam, London and Frankfurt. The (...)

The EU Commission opens an in-depth investigation concerning a merger in the mobile telecommunications market (Hutchison / Telefónica UK)
DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into Hutchison’s proposed acquisition of Telefónica UK* The European Commission will investigate in-depth Hutchison’s takeover of Telefónica UK. The European Commission has opened an in-depth investigation under the EU Merger Regulation to assess (...)

The UK Competition Authority provisionally clears a merger in the retail mobile market (BT / EE)
British Competition Authority - CMA (London)
CMA provisionally clears BT/EE merger* The Competition and Markets Authority (CMA) has provisionally cleared BT’s anticipated acquisition of EE. BT Group plc (BT) and EE Limited (EE) are large telecommunications companies in the UK. They operate largely in separate areas with BT strong in (...)

The French Competition Authority clears an acquisition in the overseas’s mobile telecom market (Iliad / Hiridjee)
French Competition Authority (Paris)
The Autorité de la concurrence clears the acquisition of joint control of Outremer Telecom’s mobile activities by Iliad alongside Hiridjee* The Autorité de la concurrence has reviewed the acquisition by Iliad of 50% of the capital of the company Telecom Reunion Mayotte, which will henceforth be (...)

The Romanian Competition Authority clears a merger in the pharmaceutical sector (Centrofarm / Help Net Farma)
Romanian Competition Council (Bucharest)
The Competition Council has authorized the takeover of 19 pharmacies Centrofarm by Help Net* The Competition Council has authorized the take over of 19 pharmacies Centrofarm by Help Net Farma SA. By this transaction, Help Net take over the 19 pharmacies Centrofarm from 10 localities: (...)

The Portuguese Competition Authority clears a merger on the air transport market (TAP)
Portuguese Competition Authority (Lisbon)
AdC clears the acquisition of TAP* The Portuguese Competition Authority (PCA) adopted a clearance decision on the merger concerning the acquisition of joint control of the air transport undertaking TAP – Transportes Aéreos Portugueses, SGPS, S.A. by HPGB, SGPS, S.A. and DGN Corporation, through (...)

The German Competition Authority clears a merger on the market of high definition digital maps for cars (BMW, Daimler & Audi / HERE)
German Competition Authority (Bonn)
BMW, Daimler and Audi can aquire Nokia’s HERE mapping service* In the first phase of merger control the Bundeskartellamt has cleared the acquisition of the HERE mapping service, which until now has belonged to the Finnish Nokia Corporation, by a consortium of the German car manufacturers BMW, (...)

The EU Commission opens an in-depth investigation regarding a takeover in the mobile phone retail market (Liberty Global / BASE)
DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into proposed acquisition of BASE Belgium by Liberty Global* The European Commission will investigate in-depth the Liberty Global/BASE Belgium takeover. The European Commission has opened an in-depth investigation under the EU Merger Regulation (...)

The EU Commission opens an in-depth investigation concerning a merger in the office supplies market (Staples / Office Depot)
DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into Staples’ proposed takeover of Office Depot* The European Commission will investigate in-depth the acquisition of office supplies distributor Office Depot by its competitor Staples. The European Commission has opened an in-depth (...)

The Latvian Competition Authority clears a merger on the dairy products market (Meridian Capital / SIA Rīgas piensaimnieks)
Konkurences padome (Riga)
The CC Clears Purchase of SIA Rīgas piensaimnieks* On 25 September, the Competition Council (CC) of Latvia cleared Meridian Capital CIS Fund purchase of SIA Rīgas piensaimnieks. In the decision, the competition authority foresees that such merger will not to distort competition and will develop (...)

The Finnish Competition Authority clears a merger on the publishing market (Bonnier / Stockmann)
Finnish Competition and Consumer Authority (Helsinki)
FCCA approves acquisition of Academic Bookstore by Bonnier* On 24 September 2015, the Finnish Competition and Consumer Authority (FCCA) approved an acquisition whereby Bonnier Books Retail Finland Ltd, part of the Bonnier Media Group, will acquire the businesses of Academic Bookstore from (...)

The UK Competition Authority considers merger remedies proposed by a supplier of legal information (Reed Elsevier / Jordan Publishing)
British Competition Authority - CMA (London)
CMA considers remedies in family law information merger* The CMA has decided to consider in detail whether to accept remedies offered by Reed Elsevier (UK) Limited. Earlier this month, the Competition and Markets Authority (CMA) announced that it would refer the anticipated acquisition by (...)

The EU Commission clears a merger subject to remedies in the radio frequency power transistors market (NXP / Freescale)
DG COMP (Brussels)
Mergers: Commission approves NXP’s acquisition of Freescale, subject to conditions* The European Commission has approved the acquisition of Freescale by NXP, subject to divestment of NXP’s radio frequency power business, where the takeover could have led to higher prices and less competition. (...)

The German Competition Authority clears a merger on vehicle glass repair service market (Carglass / Junited Autoglas)
German Competition Authority (Bonn)
Bundeskartellamt clears merger between Carglass and junited AUTOGLAS* The Bundeskartellamt has cleared the acquisition of the "junited AUTOGLAS" network and three individual garages that offer vehicle glass repair services by Belron GmbH, Cologne, the parent company of Carglass GmbH. The (...)

The EU Commission opens an in-depth investigation regarding a merger in the market of packaging materials (Walki / Mondi)
DG COMP (Brussels)
Commission opens in-depth investigation into acquisition of parts of Walki’s industrial packaging division by Mondi* The Commission has concerns that Mondi’s acquisition of two of Walki’s packaging plants could lead to less choice and higher prices for customers of certain packaging materials (...)

The German Competition Authority clears a merger, subject to remedies, in the market of automotive spare parts (Trost Auto Service Technik / Wessels & Müller)
German Competition Authority (Bonn)
Merger of wholesalers of automotive spare parts cleared subject to conditions precedent* fter an in-depth examination the Bundeskartellamt has cleared the acquisition of Trost Auto Service Technik SE, Stuttgart, by Wessels & Müller SE, Osnabrück, subject to conditions. Both companies sell (...)

The UK Competition Authority imposes remedies to clear an acquisition in the market of personal lubricants (Reckitt Benckiser / Johnson & Johnson)
British Competition Authority - CMA (London)
CMA orders remedy to meet concern over lubricants merger* The CMA has found that Reckitt Benckiser’s anticipated acquisition of the K-Y brand could lead to higher prices for personal lubricants. In its final report published today, the Competition and Markets Authority (CMA) has concluded the (...)

The UK Competition Authority orders licensing remedy to meet concerns over horizontal unilateral effects resulting from a merger in the personal lubricants market (Reckitt Benckiser / Johnson & Johnson)
Herbert Smith Freehills (Brussels)
Introduction and background On 4 November 2015, the UK Competition and Markets Authority ("CMA") accepted final undertakings from Reckitt Benckiser Group plc ("RB") and Johnson & Johnson ("J&J") in relation to RB’s proposed acquisition from J&J of the K-Y brand of personal lubricant (...)

The EU Commission clears acquisition of pharmaceutical company, with effects in the market for biosimilars, subject to remedies that ensure innovation competition (Pfizer / Hospira)
DG COMP (Brussels)
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DG COMP (Brussels)
Pfizer / Hospira: Through the lookingglass: assessing competition by biosimilars* In a nutshell In Pfizer/Hospira, the Commission assessed biosimilar drugs in detail for the first time. Biosimilars aim to have the same therapeutic mechanism as, and be clinically equivalent to, original (...)

The Belgian Competition Authority approves several acquisitions, subject to remedies, in the publishing market (De Persgroep / Humo)
Belgian Competition Authority (Brussels)
The Competition College of the Belgian Competition Authority has approved on 4 August 2015 the acquisition of Humo NV (publishers of the magazine Humo) and of the magazines Story, Teve-blad, and Vitaya by De Persgroep Publishing NV (publishers of newspapers and magazines with interests in (...)

The Belgian Competition Authority conditionally approves merger in highly concentrated print magazines market (De Persgroep / Humo)
Simmons & Simmons (Brussels)
Conditional approval of media merger defuses the risk of four popular Dutch language magazines disappearing from the Belgian market. On 04 August 2015, and in the context of a Phase I procedure, the Competition College of the Belgian Competition Authority conditionally approved the acquisition (...)

The EU Commission open an in-depth investigation concerning a merger in the market of small package delivery, freight forwarding and cargo transportation services (TNT / FedEx)
DG COMP (Brussels)
Commission opens in-depth investigation into proposed acquisition of TNT by FedEx* The European Commission has opened an in-depth investigation to assess whether the proposed acquisition of TNT Express by FedEx Corporation is in line with the EU Merger Regulation. Both companies are major (...)

The EU Commission clears a merger beetwen two mobile network equipment manufacturers (Nokia / Alcatel-Lucent)
DG COMP (Brussels)
Commission approves Nokia´s acquisition of Alcatel-Lucent* The European Commission has approved under the EU Merger Regulation the proposed acquisition of Alcatel-Lucent by Nokia. Both companies are global providers of telecommunications equipment and related services. The Commission concluded (...)

The Italian Competition Authority conditionally clears a baby products merger (Enrico Preziosi-Artsana / Newco-Bimbo Store)
Desogus Law Office (Cagliari)
In Baby Products by a decision made on 9 July 2015 the Italian Competition Authority (ICA) has conditionally cleared a merger between retailers of baby products (Case C11982, Enrico Preziosi-Artsana/Newco-Bimbo Store) . The ICA started a phase II investigation into the notified merger since it (...)

The EU Commission unconditionally clears acquisition of one equipment manufacturer by another in the market for the supply of aero-derivative gas turbines (Siemens / Dresser-Rand)
DG COMP (Brussels)
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DG COMP (Brussels)
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German Competition Authority (Bonn)
Siemens / Dresser* In a nutshell The Commission was concerned that the acquisition of Dresser-Rand by Siemens would reduce the number of significant suppliers from 3 to 2 for rotating equipment in the oil and gas industry. The in-depth investigation showed that the parties’ activities in gas (...)

The European Commission clears a merger in the market of turbo compressor engines (Dresser-Rand / Siemens)
DG COMP (Brussels)
Commission approves acquisition of rotating equipment manufacturer Dresser-Rand by Siemens* The European Commission has approved under the EU Merger Regulation the proposed acquisition of rotating equipment manufacturer Dresser-Rand of the US by Siemens of Germany. Both companies supply turbo (...)

The US District Court for the District of Columbia grants the FTC a preliminary injunction to halt the proposed merger between the largest US food distributors, leading them to abandon the merger plans (Sysco / US Foods)
Constantine Cannon (Washington)
Sysco Scraps US Foods Merger After FTC Victory In Court* Sysco Corp. announced yesterday that it is abandoning its plans to acquire food service rival US Foods Inc., following last week’s setback to the deal in federal court. In an opinion that closely tracked the FTC/DOJ Merger Guidelines, (...)

The UK Competition and Markets Authority begins an in-depth investigation concerning a merger between two water companies (Bournemouth Water / South West Water)
British Competition Authority - CMA (London)
South West and Bournemouth water merger referred for in-depth investigation* The CMA today referred the merger of Bournemouth Water with South West Water for an in-depth phase 2 investigation. Currently the Competition and Markets Authority (CMA) has a duty to refer mergers involving water (...)

The Belgian Competition Authority clears a merger on the markets for industrial scaffolding services and industrial isolation services already approved by the German and Dutch competition authorities (Hertel Holding / Altrad Investment Authority)
Belgian Competition Authority (Brussels)
On 8 June, the Competition College of the Belgian Competition Authority has, on proposal of the Competition prosecutor, cleared the acquisition of Hertel Holding NV by Altrad Investment Authority SAS* The acquisition concerns the markets for industrial scaffolding services and industrial (...)

The Croatian Competition Authority clears a merger in the electronic publishing market and in the electronic publishing advertising market (Adriatic Media / Sedam Mora)
Croatian Competition Agency (Zagreb)
CCA clears electronic media merger between Sedam Mora and Adriatic Media* The CCA cleared in the first phase the acquisition of direct control of the undertaking Sedam Mora over the undertaking Adriatic Media given that its assessment proved that the concentration concerned would not produce (...)

The UK Competition and Markets Authority clears a merger, following an in-depth investigation in the market of chilled savoury pastry (Pork Farms Caspian / Kerry Foods)
British Competition Authority - CMA (London)
CMA confirms clearance of Pork Farms/Kerry Foods merger* The CMA has today cleared the completed acquisition by Pork Farms Caspian of the chilled savoury pastry business of Kerry Foods. This confirms April’s provisional findings by the group of Competition and Markets Authority (CMA) (...)

The French Competition Authority clears a merger in the daily newspaper market (Libération and L’Express / Mr Drahi)
French Competition Authority (Paris)
The Autorité de la concurrence clears the acquisition of Libération, on the one hand, and L’Express on the other hand, by Mr. Patrick Drahi.* The Autorité de la concurrence clears the acquisition by Mr. Patrick Drahi of the daily newspaper Libération (held by NewsCo Group and PMP Holding), on the (...)

The Mexican Competition Authority clears a merger, subject to remedies, in the cut bond paper market (Bio Pappel / Scribe)
Mexican Competition Authority (Mexico City)
COFECE conditions merger between Bio Pappel and Scribe* The Mexican Federal Economic Competition Commission (COFECE) accepted commitments presented by Bio Pappel Group to merge with Scribe Corporation. COFECE deemed these commitments would avoid risks to competition and free market access in (...)

The UK Competition and Markets Authority provisionally clears a merger in the packaging market (Sonoco / Weidenhammer)
British Competition Authority - CMA (London)
CMA provisionally clears packaging merger* The CMA has provisionally cleared the completed acquisition by Sonoco Products Company of Weidenhammer Packaging Group. Sonoco and Weidenhammer both produce composite cans (rigid tubes with closures on each end) which are supplied to customers for (...)

The Japan Fair Trade Commission clears, subject to remedies, a merger in the market of manufacture and retail of paper and pulp products (Chuetsu / Oji)
Japan Fair Trade Commission (Tokyo)
The JFTC Reviewed the Proposed Acquisition of Shares of Chuetsu Pulp & Paper Co., Ltd. by Oji Holdings Corporation* Receiving notification regarding the proposed acquisition of shares of Chuetsu Pulp & Paper Co., Ltd. (hereinafter referred to as “Chuetsu”) by Oji Holdings Corporation (...)

The UK Competition and Markets Authority provisionally judges that an anticipated merger between pharmaceuticals enterprises could lead to higher prices in the personal lubricants market (Reckitt Benckiser / Johnson & Johnson)
British Competition Authority - CMA (London)
CMA sets out provisional concerns over lubricants merger* The CMA has provisionally found that Reckitt Benckiser’s anticipated acquisition of the K-Y brand could lead to higher prices for personal lubricants. Reckitt Benckiser (RB) and Johnson & Johnson (J&J) supply personal lubricants (...)

The German Competition Authority clears a merger in the agricultural trading and feed production sectors (Getreide / Agravis Raiffeisen)
German Competition Authority (Bonn)
Agravis AG and Danish Agro can take over large parts of Getreide AG* The Bundeskartellamt has cleared the proposed takeover of large parts of the agribusiness activities and the production of seeds and feedstuffs of Getreide AG by Agravis Raiffeisen AG and its Danish cooperation partner Danish (...)

The Polish Competition Authority clears a merger in the market of production and retail of home appliances (FagorMastercook / BSH Hausgeräte)
Polish Competition Authority (Warsaw)
Poland’s competition Authority okays sale of Bosch-Fagormastercook* UOKiK has given BSH Hausgeräte its approval to purchase FagorMastercook, stating the acquisition will not significantly limit competiton on the market. Poland’s Office of Competition and Consumer Protection (UOKiK) has approved (...)

The EU Commission clears a merger subject to remedies in the retail markets involving fixed internet access services (Orange / Jazztel)
DG COMP (Brussels)
Commission clears acquisition of Jazztel by Orange, subject to conditions* The European Commission has approved under the EU Merger Regulation the proposed acquisition of Jazztel plc, a telecommunications company registered in the UK but mainly active in Spain, by rival Orange SA of France. (...)

The UK Competition and Markets Authority seeks permission to appeal in a case regarding trans-channel ferry transport services (Eurotunnel / SeaFrance / MyFerryLink)
British Competition Authority - CMA (London)
CMA seeks permission to appeal in Eurotunnel case* The CMA today announced that it will seek permission to appeal following last week’s Court of Appeal judgment in the Eurotunnel case. The judgment upheld a challenge to the Competition and Markets Authority’s (CMA) jurisdiction over (...)

The EU Commission clears an international telecom’s acquisition of another national telecom, subject to conditions (Orange / Jazztel)
DG COMP (Brussels)
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DG COMP (Brussels)
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DG COMP (Brussels)
Orange/Jazztel: Convergence meets Consolidation in the Spanish Telecoms Sector* In a nutshell: The Orange/Jazztel transaction takes place in a market that tipped toward fixed-mobile multiple play offers. The forward-looking analysis included an assessment of the parties’ likely future roll-out (...)

The French Competition Authority clears a merger subject to remedies between two gas providers in the intermediate and large-bulk LPG market (UGI France / Totalgaz)
French Competition Authority (Paris)
The Autorité de la concurrence clears, subject to conditions, the acquisition of Totalgaz by UGI France, the parent company of Antargaz.* Among the commitments discussed and negotiated with the Autorité, UGI shall, in particular, be obliged to divest its stakes in the capital of several LPG (...)

The UK Competition and Market Authority formally clears a merger in the insurance sector following an in-depth enquiry (Xchanging / Agencyport)
British Competition Authority - CMA (London)
CMA formally clears specialist insurance merger* The CMA has formally cleared the completed acquisition by Xchanging of certain companies comprising all of the European operations of Agencyport. Xchanging plc (Xchanging) and Agencyport Software Group (Agencyport) supply specialist software to (...)

The UK Competition and Markets Authority provisionally clears a merger in the market of chilled savoury pastry (Pork Farms Caspian / Kerry Foods)
British Competition Authority - CMA (London)
CMA provisionally clears Pork Farms/Kerry Foods merger* The CMA has provisionally cleared the completed acquisition by Pork Farms Caspian of the chilled savoury pastry business of Kerry Foods. Pork Farms Group Limited, through the Pork Farms Caspian Limited subsidiary, and Kerry Foods (...)

The German Competition Authority clears a merger on the market of online real estate portals (Immonet / Immowelt)
German Competition Authority (Bonn)
Clearance of Merger between Immonet and Immowelt* In the first phase of merger control the Bundeskartellamt has cleared plans by Axel Springer SE, Berlin to acquire sole control of Immowelt AG, Nuremberg and the launch of a joint venture between Immowelt AG and Immonet GmbH, Hamburg. The (...)

The Finnish Competition Authority clears a merger subject to remedies in the telephone and data communications services markets (Elisa Oyj / Anvia Oyj)
Finnish Competition and Consumer Authority (Helsinki)
The Finnish Competition and Consumer Authority (FCCA) gives conditional acceptance of acquisition of Anvia by Elisa* The FCCA has today accepted conditionally the transaction whereby Elisa Oyj will gain control over Anvia Oyj. The conditions relate to broadband services on a landline network (...)

The Bundeskartellamt blocks a merger between two food retailers with a strong position in different regional German markets as it would impede effective competition in the food retail market (Kaiser’s Tengelmann / Edeka)
Berlin School of Economics and Law
At the beginning of April 2015, the Bundeskartellamt blocked the merger between Edeka and Kaiser’s Tengelmann ("Tengelmann"), which had been notified in October 2014. In the proposed merger, Edeka intends to acquire approximately 450 outlets of Tengelmann. Both companies are food retailers with (...)

The UK Competition and Markets Authority clears provisionally a merger in the insurance sector (Xchanging / Agencyport)
British Competition Authority - CMA (London)
CMA provisionally clears specialist insurance merger* The CMA has provisionally cleared the completed acquisition by Xchanging of certain companies comprising all of the European operations of Agencyport. Xchanging plc (Xchanging) and Agencyport Software Group (Agencyport) supply specialist (...)

The German Competition Authority clears a partial acquisition in the market of the production and repair armoured vehicles (Diehl Defence Land Systems / Krauss-Maffei Wegmann)
German Competition Authority (Bonn)
Bundeskartellamt clears partial acquisition of Diehl Defence Land Systems GmbH by Krauss-Maffei Wegmann* In the first phase of merger control the Bundeskartellamt has cleared the planned acquisition of a part of Diehl Defence Land Systems GmbH, Freisen, by Krauss-Maffei Wegmann GmbH & Co. (...)

The Portuguese Competition Authority declares the extinction of the merger proceedings following an in-depth investigation in the field of outdoor advertising (JCDecaux / Cemusa)
Portuguese Competition Authority (Lisbon)
The PCA declared the extinction of the proceedings of the JCDecaux/Cemusa merger* On March 19, 2015, the Portuguese Competition Authority (PCA) declared the extinction of the merger proceedings concerning the acquisition of sole control of Cemusa by JCDecaux, in the field of outdoor (...)

The Italian Competition Authority changes the turnover threshold beyond which a merger must be notified
Italian Competition Authority (Rome)
Prior notifications of mergers and acquisitions: updating of turnover thresholds* The Competition Authority has resolved that as from 16 March 2015 the thresholds beyond which prior notification must be submitted for all acquisitions and mergers is raised to 492 million euro for the aggregate (...)

The Polish Competition Authority clears a merger in the rail freight market (PKP Cargo / Advanced World Transport)
Polish Competition Authority (Warsaw)
UOKiK clears PKP Cargo to take over advanced world transport* Poland’s Office of Competition and Consumer Protection (UOKiK) has cleared PKP Cargo, Polish railway freight transport operator, to take over rail freight services provider Advanced World Transport. The Authority’s analysis concluded (...)

The Hellenic Competition Commission clears, following an in-depth investigation, a merger in the market for the production and distribution of beer in Greece (Mythos Brewery / Olympic Brewery)
Hellenic Competition Authority (Athens)
The HCC clears the notified merger between Mythos Brewery (a subsidiary of Carlsberg Breweries) and Olympic Brewery * By its unanimous Decision 606/2015, the Hellenic Competition Commission (HCC) approved, on the basis of Art. 8, para. 6 of the Greek Competition Act, the notified (...)

The EU General Court upholds a Commission decision to prohibit a merger of two stock exchanges of financial derivatives (NYSE Euronext / Deutsche Börse)
Clifford Chance (Madrid)
Background information The ruling of the EU General Court of 9 March 2015 has fully upheld the decision in which the European Commission (the “Commission”) blocked the concentration between NYSE Euronext (“NYX”) and Deutsche Börse. NYX is a U.S holding formed in 2007 through the merger of NYSE (...)

The Polish Competition Authority accepts several merger remedies and clears two acquisitions in the sector of grocery stores (Auchan)
Polish Competition Authority (Warsaw)
Auchan to implement conditions, Proceed with merger* Poland’s Office of Competition and Consumer Protection (UOKiK) has approved two transactions that will allow Auchan Polska to implement the conditions required for it to proceed with its acquisition of the Real company. Both mergers involve (...)

The Canadian Competition Bureau clears a transaction in the media sector revealing a possible shift in the Bureau’s analytical framework for media mergers (TVA Group / Transcontinental)
Stikeman Elliott (Toronto)
Media mergers and the Competition Bureau: Is the medium the market?* The rapid growth of digital media in recent years and the simultaneous pressures on traditional media have led to a number of fascinating media transactions in which the Competition Bureau has had to confront the difficult (...)

The German Competition Authority issues a preliminary assessment relating to a merger in the food retail sector (Kaiser’s Tengelmann / Edeka)
German Competition Authority (Bonn)
Bundeskartellamt issues preliminary assessment of the takeover of Kaiser’s Tengelmann by EDEKA* In the EDEKA/Tengelmann merger control proceedings the Bundeskartellamt has today informed the parties of its preliminary assessment of the takeover plans. Andreas Mundt, President of the (...)

The Irish Competition Commission clears a merger, subject to remedies, in the retail market (Valeo Foods / Wardell Roberts)
Irish Competition Authority (Dublin)
Commission approves proposed acquisition by Valeo Foods UK Limited of sole control of Wardell Roberts Limited and Robert Roberts (NI) Limited, subject to binding divestiture commitments* The Competition and Consumer Protection Commission (Commission) has today cleared the proposed acquisition (...)

The UK Court of Appeal upholds the judgment of the Competition Appeal Tribunal requiring an airline to reduce its minority shareholding in rival airline (Ryanair / Aer Lingus)
British Competition Authority - CMA (London)
CMA welcomes Court of Appeal Judgment on Ryanair/Aer Lingus* The CMA welcomes today’s judgment by the Court Of Appeal dismissing Ryanair’s challenge on all 3 grounds. The judgment followed an appeal by Ryanair Holdings plc (Ryanair) against an earlier decision made by the Competition Appeal (...)

The U.S. Court of Appeals for the Ninth Circuit provides significant judicial guidance for future health care mergers, casting serious doubt on the viability of a “post-merger efficiencies defense” to a prima facie case of a Section 7 violation (St. Luke’s Health System / Saltzer Medical Group)
Sheppard Mullin (Los Angeles)
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Sheppard Mullin (Century City)
In Highly-Anticipated Decision, Ninth Circuit Affirms That Hospital-Physician Group Merger in St. Luke’s Violated Section 7 And Casts Serious Doubt on Viability of Efficiencies Defense* On February 10, 2015, the Ninth Circuit issued its highly-anticipated decision at the intersection of health (...)

The Pakistan Competition Commission clears an acquisition, following an in-depth investigation, in the pharmaceutical sector (Novartis / GSK)
Competition Commission of Pakistan (Islamabad)
The Competition Commission clears phase II review of the proposed acquisition by novartis ag of the business relating to a portfolio of oncology products (excluding manufacturing) from GlaxoSmithKline plc* ISLAMABAD, MONDAY, 09 FEBRUARY 2015: The Competition Commission of Pakistan (...)

The Romanian Competition Council clears a merger in the banking sector although the parties have realized the merger before clearance (Transilvania Bank / Volksbank Romania)
Romanian Competition Council (Bucharest)
Transilvania Bank can involve in the activity of Volksbank Romania* The Competition Council issued a derogation decision from the provisions of the Competition Law so that Transilvania Bank to involved in the activity of Volksbank Romania and Volksbank Services Romania before obtaining the (...)

The Competition Commission of India directs for the first time a divestiture of assets in a merger case (Sun Pharma / Ranbaxy)
Shardul Amarchand Mangaldas (Mumbai)
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Economic Laws Practice (Mumbai)
Introduction The Competition Commission of India (“CCI”) for the first time has directed divestitures of assets, before granting its final approval, in a combination relating to merger of Ranbaxy Laboratories Limited (“Ranbaxy”) into Sun Pharmaceutical Industries Limited (“Sun Pharma”) (referred (...)

The Japan Fair Trade Commission opens in-depth investigation on a merger in the market of manufacturing and selling paper and pulp products and launches a market inquiry (Chuetsu Pulp & Paper / Oji Holdings)
Japan Fair Trade Commission (Tokyo)
The JFTC Opens Secondary Review Concerning the Proposed Acquisition of Shares of Chuetsu Pulp & Paper Co., Ltd. by Oji Holdings Corporation and Solicits Comments from Third Parties* The Japan Fair Trade Commission (JFTC) received the notification pursuant to the provision of the (...)

The German Competition Authority clears a merger following an in-depth examination on the production of foreign identity documents market (Giesecke & Devrient / Bundesdruckerei)
German Competition Authority (Bonn)
Bundeskartellamt clears joint venture between Giesecke & Devrient and Bundesdruckerei for the production of foreign identity documents* Following an in-depth examination the Bundeskartellamt has cleared the establishment of a joint venture for the production of foreign identity documents (...)

The French Competition Authority clears, subject to remedies, an acquisition in the high-speed broadband access market (SFR / Numéricable)
French Competition Authority (Paris)
The Autorité de la concurrence gives conditional clearance to the acquisition of SFR by Numericable, an Altice subsidiary. * Among the commitments discussed and negotiated with the Autorité de la concurrence, Numericable commits to give competitors (internet service providers, MVNO) access to (...)

The Hellenic Competition Commission clears an acquisition of sole control in the insurance market (ERGO International / Agrotiki Asfalistiki)
Hellenic Competition Authority (Athens)
Clearance of the proposed acquisition by «ERGO International Aktiengesellschaft» of the insurance company “AGROTIKI ASFALISTIKI S.A.». * By its unanimous Decision 594/2014, the Hellenic Competition Commission (HCC) approved, under Greek merger control rules, the proposed acquisition of sole (...)

The German Competition Authority clears an acquisition of sole control in the gas markets and changes its practice of defining these markets (EWE / VNG)
German Competition Authority (Bonn)
Bundeskartellamt clears EWE’s acquisition of a majority interest in VNG* Today the Bundeskartellamt has cleared the acquisition of a further 15.79% of the shares in VNG AG, Leipzig, by EWE AG, Oldenburg. EWE AG acquired the shares from Wintershall Holding GmbH, Kassel. EWE AG will now hold a (...)

The Finnish Competition and Consumer Authority clears, subject to remedies, an acquisition in the chicken feed market (DAVA Foods / Muna Foods)
Finnish Competition and Consumer Authority (Helsinki)
The Finnish Competition and Consumer Authority approved egg business acquisition subject to conditions* On 21 October 2014, the Finnish Competition and Consumer Authority (FCCA) approved an acquisition whereby DAVA Foods Holding A/S, a Danish company, acquires control of the Finnish company (...)

The Polish Competition Authority clears the creation of a joint undertaking in the power generation and distribution market (Polska Grupa Energetyczna / Polska Miedź)
Polish Competition Authority (Warsaw)
The OCCP approves the formation of PGE EJ 1* The Office of Competition and Consumer Protection (OCCP) has approved the formation of PGE EJ 1, a joint undertaking of the energy groups PGE Polska Grupa Energetyczna, Tauron, and Enea and of the mining group KGHM Polska Miedź to build Poland’s (...)

The Lithuanian Competition Council conditionally clears an acquisition on the market of the insurance of land vehicles and the market of property insurance (AB Lietuvos draudimas / PZU)
Lithuanian Competition Authority (Vilnius)
COMPETITION COUNCIL CLEARS ACQUISITION OF AB LIETUVOS DRAUDIMAS BY PZU S.A., SUBJECT TO CONDITIONS* On 9 October, the Competition Council (KT) cleared the acquisition of 100 per cent of AB Lietuvos draudimas shares by PZU S.A. The merger was cleared upon the condition that PZU S.A. would sell (...)

The German Competition Authority clears an acquisition on the food retail market (Jibi Handel / J. Bünting Beteiligungs)
German Competition Authority (Bonn)
Bundeskartellamt clears takeover of Jibi by Bünting* The Bundeskartellamt has today cleared the complete acquisition of Jibi Handel GmbH & Co. by J. Bünting Beteiligungs AG in the first phase of merger control. Andreas Mundt, President of the Bundeskartellamt: "By acquiring 88 Jibi outlets (...)

The Netherlands Authority for Consumers and Markets clears a merger of three care providers in the northern Dutch province of Friesland (Kwadrantgroep, Antonius Zorggroep and Nij Smellinghe/Pasana)
Netherlands Authority for Consumers & Markets (The Hague)
ACM clears merger between three northern care providers* The Netherlands Authority for Consumers and Markets (ACM) has cleared the merger of three care providers in the northern Dutch province of Friesland, which are Kwadrantgroep, Antonius Zorggroep and Nij Smellinghe/Pasana. These three care (...)

The Croatian Competition Agency clears a merger in the market of guest accommodation and catering services in hotels, apartments and campsites and in the market of guest accommodation (Plava laguna / Istraturist)
Croatian Competition Agency (Zagreb)
Approved merger between Plava laguna and Istraturist* The Croatian Competition Agency approved the implementation of the proposed concentration between the undertakings Plava laguna and Istraturist. The concentration in question will produce effects in the following relevant markets: guest (...)

The EU Commission approves without commitments an acquisition in the information technology sector (Facebook / WhatsApp)
Squire Patton Boggs (Brussels)
EU Commission approves Facebook’s acquisition of WhatsApp* On 3 October 2014, the European Commission of the European Union (the “Commission”) approved the acquisition without any commitments. After the approval of the acquisition of Skype by Microsoft in 2011 and of the acquisition of Nokia by (...)

The Polish competition authority clears an acquisition in the small package delivery sector (DPD / seven)
WKB Wierciński Kwieciński Baehr (Warsaw)
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Freshfields Bruckhaus Deringer (Brussels)
In its decision of 1 October 2014, the Polish competition authority (Urząd Ochrony Konkurencji i Konsumentów, the "UOKiK") unconditionally cleared DPD’s 100% acquisition of shares in a fellow small package delivery company, Siódemka (in English: “seven”). This decision is one of a limited number of (...)

The Hellenic Competition Commission clears an acquisition of sole control in the banking sector (Alpha Bank / Diners Club of Greece Finance Company)
Hellenic Competition Authority (Athens)
Clearance of the proposed acquisition by ALPHA BANK S.A. of CITIBANK Ιnternational PLC’s retail banking activities in Greece and of the shares of DINERS CLUB OF GREECE FINANCE COMPANY S.A.* By its unanimous Decision 592/2014, the Hellenic Competition Commission (HCC) approved, under Greek merger (...)

The Danish Competition Authority clears an acquisition of sole control on the production and sale of gas springs market (Triton / Scandinavian Business Seating Holding)
Danish Competition and Consumer Authority (Copenhagen)
Approval of Triton’s acquisition of Scandinavian Business Seating Holding AS, cf. Section 12c(2) of the Competition Act* On 11th September 2014, the Danish Competition and Consumer Authority (“the Authority”) received a full notification of a proposed merger pursuant to Section 12b(1) of the (...)

The Slovak Antimonopoly Office clears an acquisition taking the form of direct joint control in the market of products for automobile (Bolten Family / Fehrer Group)
Slovak Competition Authority
MERGERS: AMO SR approved merger of Bolten Family and Fehrer Group* On 22 September 2014 the Antimonopoly Office of the Slovak Republic, Division of Concentrations approved the merger consisting in acquisition of direct joint control of undertakings undertakings Carl Conrad Bolten, Martina (...)

The Lithuanian Competition Council launches a market test following merger commitments proposed on the market of the insurance of land vehicles and the market of property insurance (PZU)
Lithuanian Competition Authority (Vilnius)
Competition Council calls for opinions on merger commitments proposed by PZU S.A.* Competition Council (KT) calls stakeholders to express their grounded opinions on PZU S.A. (Powszechny Zakład Ubezpieczeń Spółka Akcyjna) commitments to the merger wherein the latter acquires up to 100 per cent of (...)

The German Competition Authority clears a merger on the component suppliers to the automotive market (Veyance Technologies / Continental)
German Competition Authority (Bonn)
Press Release published on the official website of the German Competition Authority. Bundeskartellamt clears acquisition of Veyance by Continental* In second phase proceedings the Bundeskartellamt has cleared the acquisition of Veyance Technologies, Inc., Fairlawn, Ohio/USA, by Continental (...)

The German Competition Authority clears an acquisition on the market of management of waste after the abandonment by the buyer to acquire seven site of management of waste (Remondis / Sita)
German Competition Authority (Bonn)
Bundeskartellamt clears acquisition by the Remondis group of four Sita waste management sites in Baden-Württemberg* The Bundeskartellamt has cleared the acquisition by Remondis of four waste management sites belonging to the Sita group at Radolfzell, Talheim, Trossingen and Pfullingen. The (...)

The German Competition Authority clears a merger by applying the failing firm defence on the daily newspapers market (Westfälische Nachrichten / Münstersche Zeitung)
German Competition Authority (Bonn)
Press Release published on the official website of the German Competition Authority. Regional daily Westfälische Nachrichten can take over Münstersche Zeitung* The Bundeskartellamt has cleared plans by the Münster-based publishing house Aschendorff Verlag (which publishes Westfälische (...)

The UK Competition and Markets Authority clears an acquisition on the adherence packaging market (Omnicell / SurgiChem)
British Competition Authority - CMA (London)
The Competition and Markets Authority (CMA) has cleared Omnicell/MTS’s proposed acquisition of SurgiChem.* This confirms the CMA’s provisional decision which was published last month and has been made by a group of independent CMA panel members. Omnicell, Inc./MTS Medication Technologies, Inc. (...)

The French Competition Authority opens in-depth investigation on an acquisition in the telecom market (Altice Group / SFR)
French Competition Authority (Paris)
The Autorité de la concurrence has decided to open an in-depth investigation into the acquisition of SFR by the Altice Group* On 4 June 2014, the Numericable Group, a subsidiary of the Altice Group, filed a merger notification to the Autorité de la Concurrence relating to its plan to acquire SFR (...)

The EU Commission clears a merger between the two top-tier suppliers of S-PVC upon submission of significant remedies (INEOS / Solvay / JV)
DG COMP (Brussels)
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DG COMP (Brussels)
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DG COMP (Brussels)
"INEOS / Solvay / JV: Yet another P(ractically) V(ery) C(omplex) merger"* In a nutshell : Natural experiments are rare in merger assessment. However, previous mergers in the PVC industry made it possible in this case to analyse the effects of consolidation on competition and prices. (...)

The Commission for the Protection of Competition of the Republic of Cyprus concludes that a transaction does not affect the current position of the acquirer and therefore decided that it did not raise serious doubts as regards its compatibility with the competitive market (Vicini/SLZA)
Chrysses Demetriades (Limassol)
Background On the 27th of December 2013, the Commission for the Protection of Competition (the «Commission») received a notification relating to the proposed acquisition by S.L.Z.A. S.A. («S.L.Z.A.») of 30% of the share capital of Vicini S.p.A. («Vicini»), in accordance with section 13 of the (...)

The Chinese MOFCOM publishes a set of provisions establishing substantive criteria necessary to fulfil in order to qualify as a simple merger case
King & Wood Mallesons (Beijing)
MOFCOM Takes a Major Step towards a Simplified Merger Control Procedure by Promulgating the Standards for Simple Cases* On February 11, 2014, China’s Ministry of Commerce (MOFCOM) published the long-awaited Interim Provisions on the Standards for Simple Cases of Concentrations of Operators (the (...)

The Polish Competition Authority conditionally clears an acquisition in the grocery market (Auchan/Real)
Deloitte (Paris)
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Deloitte (Paris)
In January 2014, the Polish Competition Authority (UOKiK) conditionally approved the proposed acquisition of 57 Real hypermarkets in Poland by Auchan Polska, an operator of 27 hypermarkets and 31 supermarkets in Poland. The acquisition is conditional on the sale of eight of the Real (...)

The German Federal Court of Justice decides that turnover from goods delivered to a production facility in Germany constitutes domestic turnover, even if the actual decision to buy these goods was taken by a central purchasing organisation outside Germany (KVR)
Jones Day (Brussels)
In its Viscose fibres judgement, the Bundesgerichtshof (Federal Court of Justice (BGH)) held that turnover from goods delivered to a production facility in Germany constitutes domestic turnover, even if the actual decision to buy these goods was taken by the central purchasing organisation of a (...)

The Russian Competition Authority clears a merger in the media sector (Ecofran)
Russian Federal Antimonopoly Service (Moscow)
FAS approved a business transaction for “ECOFRAN MARKETING CONSULTING & COMMUNICATION SERVICES COMPANY LIMITED”* On 20th January 2014, FAS Russia approved a business transaction for “ECOFRAN MARKETING CONSULTING & COMMUNICATION SERVICES COMPANY LIMITED” (included in the group of persons of (...)

The Chinese MOFCOM conditionally approves an acquisition in the biotechnology sector (Thermo Fisher / Life Technologies)
First Principles Economics (London)
On Tuesday 14th January 2014 MOFCOM conditionally cleared the acquisition of Life Technologies Corporation (“Life Technologies”) by Thermo Fisher Scientific Inc. (“Thermo Fisher”). The review process took 6 months from initial notification, which is relatively quick for an intervention decision by (...)

The Irish Competition Authority publishes revised merger guidelines
Queen’s University Belfast
On December 20, 2013 the Irish Competition Authority published its revised Guidelines for Merger Analysis. These guidelines replace the last version, promulgated in December 2002. The Revised Guidelines have had the benefit of a request for comments (with ten resulting submissions) following (...)

The EU General Court rejects a rival’s claim and gives the green signal for an acquisition in the communications services market (Microsoft / Skype)
Shardul Amarchand Mangaldas (New Delhi)
By its decision dated 11 December 2013, Luxembourg based European General Court approves the acquisition of Skype by Microsoft. Background On 02.09.2011 the EU Commission was notified of a proposed concentration by which, Microsoft Corporation, USA acquired 100% of the outstanding shares and (...)

The Competition Commission of India approves a merger between two multinational advertising and communications groups (Publicis / Omnicom)
University of Delhi (New Delhi)
In a recent decision (technically known as an ‘order’), delivered on 23 October 2013, the Competition Commission of India (CCI) approved a merger between two large multinational corporate groups specializing in advertising and communications. The Publicis group, headquartered in Paris, and the (...)

The Irish Competition Authority publishes draft revised merger guidelines
Queen’s University Belfast
On September 13, 2013 the Irish Competition Authority published a draft set of Revised Merger Guidelines while simultaneously launching a public consultation on the revision of the existing Guidelines. The consultation process ends on 25 October 2013, and the Competition Authority will (...)

The Higher Regional Court Düsseldorf overrules decision of the Bundeskartellamt to free merger under remedies between two cable operators (Liberty Global / KabelBW)
Berlin School of Economics and Law
Recently, the Higher Regional Court Düsseldorf ("Court") overruled the decision of the Bundeskartellamt, the German competition authority, to free the merger between two cable operators, Liberty Global and KabelBW. The court decision is the outcome of an appeal procedure initiated by two (...)

The Chinese MOFCOM grants a clearance on the proposed acquisition of a Swedish equipment manufacturer by an American healthcare company (Baxter / Gambro)
AnJie Law (Beijing)
MOFCOM conditionally approves Baxter’s acquisition of Gambro* On 8 August 2013, China’s Ministry of Commerce ("MOFCOM") granted a clearance on the proposed acquisition of the Swedish dialysis equipment manufacturer Gambro AB ("Gambro") by its US rival healthcare company Baxter ("Baxter") in (...)

The European Commission clears the acquisition of a ruggedized mobile computer supplier by a technology manufacturing conglomerate (Honeywell/Intermec)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 14 June 2013, the European Commission unconditionally approved the acquisition of ruggedized mobile computer supplier Intermec by technology manufacturing conglomerate Honeywell. The Commission’s focus was on the parties’ production of ruggedized mobile computers, barcode scanners, and (...)

The President of the Office of Competition and Consumer Protection clears a merger on the LPG distribution market in Poland and imposes a set of remedies, including behavioural (Gaspol / Orlen Gaz)
Markiewicz & Sroczynski (Cracow)
I. The Facts On 25 July 2012 Gaspol S.A. with its seat in Warsaw (“Gaspol”) notified the President of the Office of Competition and Consumer Protection (“OCCP”) of its intention to acquire the business of bottled liquified petroleum gas (“LPG”) from Orlen Gaz Sp. z o.o. with its seat in Plock (“Orlen (...)

The Polish Competition Authority gives conditional consent to a merger in the retail of bottled gas sector (Gaspol / Orlen Gaz)
WKB Wierciński Kwieciński Baehr (Warsaw)
In its decision of 20 May 2013, the President of the Office of Competition and Consumer Protection (the “OCCP President” or the “PCA”) has given her conditional consent for Gaspol to acquire a part of assets of Orlen Gaz. Both undertakings operate on the sales market of bottled gas. Gaspol applied (...)

The Hungarian Competition Authority restricts the scope and duration of ancillary restrictions in the context of a merger (Borealis / Dex)
Dentons (Budapest)
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Hungarian Competition Authority (Budapest)
I. Facts Borealis AG (“Borealis”) acquired sole control over Borealis Plastomers 1 BV (“BP1”) and Borealis Plastomers 2 BV (“BP2”). Through this latter transaction it also acquired indirect sole control over DEX-Plastomers V.O.F. (“DEX”) that was jointly controlled by BP1 and BP2 before the (...)

The European Commission proposes simplification of merger control filings
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 27 March 2013, the European Commission opened a consultation on proposed revisions to its Notice on Simplified Procedure and Merger Implementing Regulation. The proposed amendments are intended to increase the number of transactions that can benefit from the so-called “simplified (...)

The Hungarian Competition Authority establishes that a contractual restriction cannot be regarded as an ancillary restriction if one of the parties does not constitute an undertaking directly participating in a merger (Spar / Match)
Dentons (Budapest)
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Hungarian Competition Authority (Budapest)
I. Facts SPAR Magyarország Kereskedelmi Kft. (“Spar”) acquired sole control over a part of Csemege-Match Kereskedelmi Zrt. (“Match”) that comprised assets, equipments and employees of the retail store (“Store”) of Match situated in the MOM Park shopping mall. On the same day when the above-mentioned (...)

The Dutch Competition Authority approves merger between companies active in the field of ship construction and repair (Damen / Shipdock)
Stibbe (Amsterdam)
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Stibbe
On 25 January 2013, the Netherlands Competition Authority ("NMa") approved a proposed concentration between Damen Shipyards Group N.V. ("Damen") and Shipdock Holding B.V. ("Shipdock"). This decision is an interesting one, because the NMa allowed the number of competitors on the relevant market (...)

The Competition Commission of India rules on anomaly of asset acquisitions under Indian merger control (Intel / Motorola - Magma / Religare - NHK / BBTCL - AICA / BBTCL)
Trilegal
This article analyses the treatment of asset acquisitions under India’s merger control regime in light of certain specific precedents set by the Competition Commission of India (“CCI”) in its assessment of merger notifications to date. Under the Competition Act, 2002 (“Act”), acquisitions of (...)

The Hungarian Competition Authority elaborates a more sophisticated approach in the course of establishing relevant product and geographic market of mergers in the retail sector (Copé/Intégal-M, Mába-Invest)
Dentons (Budapest)
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Hungarian Competition Authority (Budapest)
I. Facts COPÉ Vagyonhasznosító és Szolgáltató Zrt. („COPÉ”) acquired direct sole control over INTEGRÁL-M Kereskedelmi Kft. („INTEGRÁL-M”) and MÁBA-INVEST Ingatlanhasznosító és Szolgáltató Kft. („MÁBA-INVEST”). The procedure was conducted in a phase II procedure, in which the Gazdasági Versenyhivatal (“GVH” – (...)

The US DOJ challenges the acquisition by the market leader of product ratings and reviews platforms of its alleged closest competitor (Bazaarvoice / PowerReviews)
Wilson Sonsini Goodrich & Rosati (Washington)
On January 10, 2013, the U.S. Department of Justice sued Bazaarvoice, Inc. alleging that its acquisition of PowerReviews, Inc. in June 2012 violated Section 7 of the Clayton Act. The complaint alleges that Bazaarvoice was the market leader for product ratings and reviews platforms (PRR (...)

The Portuguese Competition Authority is due to announce its decision on a prospective merger in the telecommunications sector (Zon Multimédia/Optimus)
Luís Silva Morais & Associados (Lisbon)
The Portuguese Competition Authority ("Autoridade da Concorrência", hereinafter ’ADC’) is due to decide on a prospective merger announced on 14 December 2012 by a joint communiqué issued by Sonaecom SGPS, SA ("Sonaecom") and by Kento Holding Limited and Jadeium BV ("Kento / Jadeium") as the main (...)

The Dutch Competition Authority blocks a merger between two companies involved in the production and sale of gingerbread and rusk to retailers on the Dutch market (A.A. ter Beek / Continental Bakeries)
Bird & Bird
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Stibbe (Amsterdam)
1. Introduction In its decision of 14 December 2012, the Dutch Competition Authority (hereafter "NMa") blocked the proposed acquisition of A.A. ter Beek B.V. by Continental Bakeries B.V. (hereafter: "the ruskmerger"). Both companies are involved in the production and sale of gingerbread and (...)

The Hungarian Competition Authority refines the notion of interdependent transactions and its method of establishing relevant product and geographic market of mergers in the retail sector (Copé /Arany Hatos and Aranyhíd-Coop)
Dentons (Budapest)
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Hungarian Competition Authority (Budapest)
I. Facts COPÉ Vagyonhasznosító és Szolgáltató Zrt. („COPÉ”) acquired indirect sole control over ARANYHÍD-COOP Kereskedelmi Zrt. („ARANYHÍD-COOP”) through a purchase of a share package carrying 33.2 percent of the voting rights of the ARANYHÍD-COOP and 100 percent of the shares of ARANY HATOS Üzletviteli és (...)

The Serbian Competition Authority clears a retail merger in a phase II procedure with imposition of behavioural remedies (Stampa Sistem / Futura Plus)
Faculty of Law - University of Macau
On 22 November 2012 the Serbian Competition Authority (KZK) has cleared in a Phase II procedure a concentration in the market for retail trade in kiosks of cigarettes and other tobacco products, newspapers and prepaid cards of mobile phone operators. The specified concentration was cleared with (...)

The Dutch Competition Authority grants a permit to telecom operator for the acquisition of four fiber-optic providers (KPN / Concepts ICT / Edutel / XMS / KickXL)
Stibbe (Amsterdam)
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Stibbe
Introduction On 16 October 2012, the Netherlands Competition Authority ("NMa") granted a permit for a proposed concentration between KPN B.V. ("KPN") and Concepts ICT Holding B.V. ("Concepts"), Edutel Beheer B.V. ("Edutel"), Xtra Media Services B.V. ("Xtra") and KickXL B.V. ("KickXL"). (...)

The Italian Competition Authority clears the acquisition of 40% of a Spanish company active in the fishing, production, and sale of canned fish by Italian rival, notwithstanding the high market shares reached by the parties in the relevant markets (Bolton / Calvo)
Alcon (Milan)
The notified transaction On 20 April 2012, Bolton Group International S.r.l. (hereinafter also “Bolton”), a world player in the production and marketing of a wide range of consumer products and the first operator in the Italian markets for canned tuna and salmon operating through “Rio Mare”, (...)

The Chinese MOFCOM enforces telecoms regulations in anti-monopoly law merger review (Wal-Mart / Yihaodian)
Ingram Yuzek Gainen Carroll & Bertolotti (New York)
The notification for the Wal-Mart/Yihaodian transaction was submitted to China’s Ministry of Commerce on 16 December 2011. It was ultimately accepted on 16 February 2012 by MOFCOM after supplementation. At the expiration of the Phase III, or extended Phase II, period, on 13 August 2012, MOFCOM (...)

The Portuguese Competition Authority holds that the non-timely execution of a divesture commitment leads to an opposition decision (Powervia / Laso merger)
Morais Leitão, Galvão Teles, Soares da Silva & Associados (Porto)
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Morais Leitão, Galvão Teles, Soares da Silva & Associados (Porto)
I. Introduction On April 20, 2011, the Portuguese Competition Authority (PCA) was notified of a concentration under which Powervia, S.A. (Powervia), an investment fund, notified the acquisition of sole control over the following companies: Laso – Transportes, S.A., Auto – Laso, S.A. and Probilog (...)

The Chinese MOFCOM approves US-based company’s takeover of a competitor with divestment in the production and sale of aviation equipment (United Technology Corp / Goodrich)
University of Melbourne
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China Competition Bulletin (Beijing)
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Institute of American Studies (Beijing)
On 15 June 2012, MOFCOM announced that it had conditionally approved the proposed USD 18.4 billion acquisition of Goodrich Corporation (Goodrich) by United Technology Corporation (UTC), both US-based companies active in the production and sale of aviation equipment on a worldwide basis. (...)

The President of the Polish Office for Competition and Consumer Protection issues new guidelines on the assessment of notified concentrations
Orange (Warsaw)
After issuing the Guidelines on criteria and procedure for notification of the concentration intent, in which the President of the Office for Competition and Consumer Protection (the “OCCP President” or the “Authority”) clarified which undertaking is to notify the concentration and how notification (...)

The Chinese MOFCOM imposes conditions on a transaction in the smartphone sector (Google / Motorola Mobility)
Ingram Yuzek Gainen Carroll & Bertolotti (New York)
The notification for Google‘s acquisition of Motorola Mobility was submitted to China’s Ministry of Commerce on 30 September 2011. It was ultimately accepted on 21 November 2011 by MOFCOM after supplementation. At the expiration of the Phase III, or extended Phase II, period, on 19 May 2012, (...)

The Chinese MOFCOM conditionally clears an acquisition in the smartphone and smartphone operating system sectors (Google / Motorola Mobility)
Institute of American Studies (Beijing)
China’s Ministry of Commerce Conditionally Clears the Google/Motorola Mobility Deal* On 19 May 2012, China’s Ministry of Commerce (‘MOFCOM’) announced its conditional clearance decision on the acquisition of Motorola Mobility by Google, which removed the last hurdle for the USD12.5 billion (...)

The Italian Competition Authority reviews a merger in the airline sector and imposes the elimination of the monopoly position on the Milan Linate-Rome route (Alitalia / Air One)
Desogus Law Office (Cagliari)
Introduction On the basis of Law Decree 134/2008 the Italian Competition Authority (ICA) conditionally cleared the Alitalia/Air One merger by imposing a set of behavioral remedies to prevent the imposition of excessive prices. It also set the a three-year deadline for the review of the (...)

The Tunisian Competition Authority rules on a merger case and considers that it lies within the scope of Article 7 of the Tunisian competition law (Carlyle Group / Gores Broadband)
Tunisian Competition Council
I. Introduction 1. Tunisia has been the first country in the Arab world in enacting a competition law since 1991. The enactment of the Tunisian competition law was a normal result of the open trade policy adopted by Tunisia in the earliest of 1990s. At that period, Tunisia has established a (...)

The UK Competition Commission prohibits a completed merger in the healthcare waste services industry requiring the divestment of the acquired business (Stericycle / Ecowaste Southwest)
St John’s Chambers (Bristol)
Competition Commission prohibition of completed merger a warning to companies that do not wait for UK merger clearance* Unlike in most countries, in the United Kingdom, the notification of mergers is voluntary and there is no waiting period that must expire before a merger can be completed. (...)

The Portuguese Competition Authority considers mere coordinated contacts between two companies can consubstantiate a merger (Zon/Ar Telecom concentration)
Morais Leitão, Galvão Teles, Soares da Silva & Associados (Porto)
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Morais Leitão, Galvão Teles, Soares da Silva & Associados (Porto)
I. Introduction On December 9, 2011, the Portuguese Competition Authority (PCA) was notified of a concentration under which Zon TV Cabo Portugal (Zon) notified the acquisition of a group of assets, specifically the residential customers of AR Telecom – Acesso e Redes de Telecomunicações (AR (...)

The Chinese MOFCOM conditionally clears the establishment of a joint venture in the market for cyanoacrylate monomer (Henkel / Tiande)
University of Melbourne
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China Competition Bulletin (Beijing)
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Institute of American Studies (Beijing)
On 10 February 2012, MOFCOM announced that it had conditionally approved the establishment of a joint venture between Tiande Chemical Holdings Co., Ltd. (Tiande) and Henkel Hong Kong Holding Ltd (Henkel), a subsidiary of Henkel KGaA. The joint venture will be set up for the production of (...)

The UK Competition Commission gives a provisional clearance to the anticipated joint venture between in-flight catering services companies (Alpha Flight / LSG Lufthansa Service)
Herbert Smith Freehills (Brussels)
Introduction On 10 October 2011, the UK Office of Fair Trading (the «OFT«) referred the anticipated 50/50 joint venture between in-flight catering services companies Alpha Flight Group Limited («Alpha«) and LSG Lufthansa Service Holding AG («LSG«) to the Competition Commission (the «CC«), for an (...)

The EU Commission blocks proposed merger of stock exchange groups as it would create a quasi-monopoly in the European exchange-traded derivatives industry (NYSE Euronext / Deutsche Börse)
Wolters Kluwer (Riverwoods)
Deutsche Börse and NYSE Euronext Blame “Narrow” Market Definition for EC’s Objection to Combination* Despite a U.S. Department of Justice decision to clear the deal, the European Commission (EC) today blocked the proposed merger of NYSE Euronext and Deutsche Börse. The EC determined that the (...)

The Polish competition authority fines cable TV operator for providing incorrect information in merger control proceedings (UPC/Aster)
Dentons (Warsaw)
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Dentons (Warsaw)
On January 30, 2012, the Chairperson of the Polish Office for Competition and Consumer Protection (the UOKiK) issued a decision in a case relating to the provision of incorrect information by UPC Polska sp. z o.o. (UPC) in merger control proceedings concerning the acquisition of Aster sp. z (...)

The US DoJ litigates to block a proposed acquisition in the mobile telecommunications industry (AT&T / T-Mobile)
Gibson Dunn (New York)
U.S. Department of Justice Litigates to Block Two Mergers* The U.S. Department of Justice (“DOJ”) has blocked two mergers in the past several months, in each case after filing a lawsuit against the merging parties. The first case involved a relatively small transaction in the digital tax (...)

The Dutch Competition Authority clears veal merger (Van Drie / Alpuro)
Liberty Global (Amsterdam)
The merger The merger involved the acquisition of Alpuro Holding BV (“Alpuro”) by Van Drie Holding BV (“Van Drie”). The merger was announced on 19 November 2009. Van Drie is active throughout the entire production chain for producing veal. This cover the production and sale of veal feed (i.e. (...)

The French Competition Authority clears a merger in the maritime transport sector (DFDS / SeaFrance and LD Lines)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the possible acquisition by DFDS of certain assets of SeaFrance and LD Lines*. At the request of DFDS, the Autorité de la concurrence has examined the possible acquisition (...)

The French Competition Authority clears a merger in the e-commerce sector (Altarea / Rue du commerce)
French Competition Authority (Paris)
The Autorité de la Concurrence clears the acquisition of Rue du Commerce’s sole control by Altarea*. The Autorité de la concurrence examined the acquisition of Rue du Commerce by Altarea, by means of the acquisition of a bloc of shares and a public takeover bid on Rue du Commerce’s securities. (...)

The Turkish Competition Authority conditionally clears the merger of the two largest cinema chains subject to divesture of twelve cinemas and notification of ticket prices (AFM / Mars)
University of Sussex (Brighton)
This study analyses the decision of the Turkish Competition Authority (TCA) in which it has cleared the merger of the two largest cinema chains in Turkey in Phase II conditional upon the divesture of twelve cinemas and notification of average ticket prices for a period of five years, which were (...)

The Turkish Competition Board approves a merger in the movie services market, subject to remedies (Mars / AFM Case)
GlaxoSmithKline (Istanbul)
The Turkish Competition Board (the "Board") recently (on 9 April 2012) made public its reasoned clearance decision on the merger of the two major cinema chains in Turkey namely Mars Sinema Turizm ve Sportif Tesisler Isletmeciligi A.S. ("Mars Sinema") and AFM Uluslararasi Film Produksiyon (...)

The US DoJ litigates to block a proposed combination of two sellers of digital tax software (H&R Block / TaxAct)
Gibson Dunn (New York)
U.S. Department of Justice Litigates to Block Two Mergers* The U.S. Department of Justice (“DOJ”) has blocked two mergers in the past several months, in each case after filing a lawsuit against the merging parties. The first case involved a relatively small transaction in the digital tax (...)

The U.S. District Court for the District of Columbia grants DoJ request to enjoin a merger between two digital do-it-yourself tax preparation software providers (H&R Block / TaxAct)
Fordham Competition Law Institute - FCLI (New York)
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Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (Palo Alto)
This article has been nominated by the Business Steering Committee for the business category, mergers section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On October 31, 2011, the U.S. District Court for the District of Columbia is sued (...)

A US Federal District Court prohibits proposed combination of tax software makers as it violates S. 7 of the Clayton Act (H&R Block / TaxAct)
Wolters Kluwer (Riverwoods)
Proposed Combination of Tax Software Makers Violates Section 7 of the Clayton Act* The federal district court in Washington, D.C. yesterday released its Memorandum Opinion explaining its October 31 order enjoining H&R Block, Inc.’s proposed acquisition of 2SS Holdings, Inc.—the maker of (...)

The European National Competition Authorities agree best practices on cooperation in merger review
European Commission (Brussels)
EU Competition Authorities: EU National Competition Authorities agree Best Practices on Cooperation in Merger Review* On 9 November 2011, the Heads of European national competition authorities (NCAs) and the European Commission agreed a set of best practices which aim to foster cooperation and (...)

The Chinese MOFCOM approves, subject to equity divestiture, a proposed acquisition in the electronic yarn clearers for automatic winders (Penelope / Savio Macchine Tessili)
Linklaters (Beijing)
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Linklaters (Shanghai)
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Euclid Law (London)
On 31 October 2011, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) announced its eighth conditional clearance decision, approving the acquisition of Savio by Penelope subject to an equity divestiture. This is the third decision since the introduction of the AML to require (...)

The Chinese MOFCOM conditionally clears the acquisition in the electronic yarn clearers for automatic winders (Penelope / Savio Macchine Tessili)
King & Wood Mallesons (Beijing)
MOFCOM’s 8th Conditional Clearance - Alpha V/Savio Deal* On 31 October 2011, the Ministry of Commerce (MOFCOM) publicly announced the eighth conditional merger clearance since the enactment of the Anti-monopoly Law (AML) in 2008. According to its announcement , MOFCOM cleared the proposed (...)

The French Competition Authority clears a merger in the food-processing sector (Agrial / Elle-et-Vire)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the takeover of the cooperative Elle-et-Vire*. By the cooperative group Agrial subject to conditions Agrial bought out the cider-making business of Elle-et-Vire on 30 June (...)

The Polish Office of Competition and Consumer Protection releases his report on pay television (Market for pay TV services)
European Commission (Brussels)
Poland: UOKiK’s Report on Pay Television* The current situation on the market for pay TV services in Poland has been the object of a thorough analysis by the Office of Competition and Consumer Protection (UOKiK). The outcome of this analysis has been presented in a report in August this year. (...)

The UK Competition Commission publishes proposals to open up bus markets across the country to greater competition
European Commission (Brussels)
United Kingdom: Competition Commission makes Proposals to open up Bus Markets to greater Competition* On 6 October 2011, the UK Competition Commission (the CC) published proposals to open up bus markets across the country to greater competition. This is the latest stage in the CC’s (...)

The French Competition Authority clears a merger on the catering sector (Sodexo / Lenôtre)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the acquisition of Lenôtre by Sodexo*. The Autorité de la concurrence has examined the acquisition of sole control of Lenôtre by Sodexo and authorised the transaction in a (...)

The French Competition Authority clears a merger on the home furnishings and interior design retail sector (Cafom / Habitat)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the acquisition of sole control of Habitat by Cafom*. The Autorité de la concurrence has examined the acquisition of sole control of Habitat by Cafom and authorised the (...)

The French Competition Authority clears, subject to commitments, a merger in the retail grocery sector in Martinique (Bernard Hayot / Cora)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears, subject to commitments, the acquisition of a Cora hypermarket by Groupe Bernard Hayot on Martinique (French West Indies)*. The Autorité de la concurrence is today (...)

The French Competition Authority clears a merger in the mobile telephony sector (France Télécom / Compagnie Européenne de Téléphonie)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the acquisition by France Télécom of sole control of CET (Photo Service and Photo Station chain stores)*. The Autorité de la concurrence has examined France Télécom’s (...)

The French Competition Authority clears, subject to conditions, a merger in the regional daily press sector (Crédit Mutuel / Est Républicain)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears, subject to conditions, the proposed acquisition of sole control of the Est Républicain Group by the Crédit Mutuel*. The Autorité de la concurrence has examined the (...)

The French Competition Authority clears, subject to conditions, a merger on the fuel and LPG distribution sector in the French West Indies and Guyana (Rubis / Chevron)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears under conditions the acquisition by Rubis Group of sole control of Chevron (Texaco)’s activities in the French West Indies and Guyana*. The Autorité de la concurrence has (...)

The French Competition Authority clears, subject to conditions, a merger on the retail sale of household appliances and consumer electronics sector (HTM / Saturn)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears, subject to conditions, the acquisition of French Saturn stores’ sole control by HTM (Boulanger stores)*. The Autorité de la concurrence has investigated the takeover by (...)

The German competition authority presents the final results of its inquiry into the fuel sector (Oligopoly of oil companies)
European Commission (Brussels)
Germany: Results of Sector Inquiry into the Fuel Sector* On 26 May 2011, the Bundeskartellamt (BKartA) presented the final results of its inquiry into the fuel sector. The BKartA started the sector inquiry in May 2008 since it suspected competition problems in this sector. Previously, the (...)

The Hungarian Competition Authority launches a public consultation on the draft of the merger notification form and on the draft of the informal meetings related to the merger review
European Commission (Brussels)
Hungary: Public Consultation on Review of Merger Control* The Gazdasági Versenyhivatal (GVH - Hungarian Competition Authority) has been consulting the public on the draft Merger Notification Form and on a draft Notice on informal meetings (pre-notification contacts, state of play meetings) (...)

The UK Competition Commission provisionally clears acquisition in the commercial vehicles tail lifts spare parts business (Ratcliff Palfinger / Ross&Bonnyman)
Herbert Smith Freehills (Brussels)
Introduction and background Ratcliff Palfinger (Ratcliff) manufactures and supplies tail lifts for commercial vehicles, passenger vehicles and trains. Ross & Bonnyman (R&B) manufactures and supplies tail lifts for commercial vehicles, ambulances and mezzanine and yard lifts. Both (...)

The EU Commission approves the creation of a joint venture between two Brazilian groups that will combine their respective activities in the orange juice sector (Votorantim / Fischer)
JG Associates (Brussels)
"Merger: main developments between 1 May and 31 August 2011"* The Commission approved on 4 May 2011 the creation of a joint venture between the Brazilian groups Votorantim and Fischer that will combine their respective activities in the orange juice sector. Votorantim and Fischer, two (...)

The UK Office of Fair Trading refers an anticipated acquisition of travel services providers to the Competition Commission (Thomas Cook / Co-operative Group / Midlands Co-operative Society)
OECD - Competition Division (Paris)
I. The transaction The transaction involves Thomas Cook acquiring control of the retail travel business of the Co-operative Group (“CGL”) and Midlands Co-operative Society (“Midlands”). Thomas Cook is a vertically integrated tour operator offering package holidays, flights, accommodation and other (...)

The German Competition Authority blocks a joint‐venture for the creation of an online video on demand platform by the two leading German TV broadcasters (RTL / Pro7Sat1)
NOCON (London)
I. Transaction RTL and Pro7Sat1 planned to set up an online video on demand (VOD) platform which allows users toaccess and watch professional video content. The concept of the platform was to provide content that has already been transmitted on TV and can be accessed free of cost for seven (...)

The Serbian Supreme Court of Cassation holds that the rules on determining the abuse of dominant position are inapplicable in a case of conditional merger clearance (Delta Agrar)
Faculty of Law - University of Macau
On 11 March 2011 the Supreme Cassation Court of Serbia (VKS) quashed the judgment of the Administrative Court, which annulled the conditional merger clearance delivered by the Serbian Competition Authority (KZK) in the Delta Agrar/Florida Bel case. The VKS held inter alia that the rules on (...)

The U.S. District Court for the Central District of California denies the FTC’s request for a preliminary injunction in a medical laboratory merger case (LabCorp / Westcliff)
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (Palo Alto)
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Kirkland & Ellis (New York)
In a decision broadly critical of the Federal Trade Commission’s case challenging the acquisition of Westcliff Medical Laboratories, Inc., a medical laboratory company, by Laboratory Corporation of America (LabCorp), Judge Andrew Guilford of the U.S. District Court for the Central District of (...)

The UK OFT decides to clear proposed national address gazetteer joint venture on the basis of the de minimis exception (Ordnance Survey and Local Government)
Herbert Smith Freehills (Brussels)
I. Introduction and background Ordnance Survey (OS) is an independent non-ministerial government department which produces a wide range of mapping products. Local Government Improvement and Development (LGID) is the business name of the Improvement and Development Agency for Local Government (...)

The EU Commission prohibits a proposed merger between two Greek airlines companies as it would have resulted in a quasi-monopoly on the Greek air transport market (Aegean Airlines / Olympic Air)
JG Associates (Brussels)
Merger: main developments between 1 January and 30 April 2011* The European Commission has prohibited on 26 January the proposed merger between Aegean Airlines and Olympic Air, as it would have resulted in a quasi-monopoly on the Greek air transport market. This would have led to higher fares (...)

The EU Commission publishes its clearance decision in the first merger case in many years where it relies on merger simulation to require remedies (Unilever / Sara Lee)
RBB Economics (Brussels)
Unilever/Sara Lee – The return of merger simulation?* In late January 2012, the Commission finally published the non-confidential version of its decision in Unilever/Sara Lee Body Care (adopted in November 2010). The decision, reached after a Phase II investigation, is notable because it marks (...)

The Turkish Competition Authority issues merger communiqué stipulating merger control rules and notification procedure
GlaxoSmithKline (Istanbul)
Introduction More than a year ago, the Turkish Competition Authority (the "Authority") introduced a new set of merger control rules which came into force on 1 January 2011 under Communique No. 2010/4 on Mergers and Acquisitions Subject to the Approval of the Turkish Competition Board (...)

The German Federal Court of Justice limits judicial review of merger clearances subject to commitments (EDEKA / Plus)
Heinz & Zagrosek (Köln)
Federal Court of Justice limits judicial review of merger clearances subject to commitments in Germany (EDEKA/Plus)* On October 5, 2010, the Federal Court of Justice upheld the Düsseldorf Court of Appeals’ rejection of an appeal against the conditions of a merger clearance decision brought by (...)

The French Competition Authority clears a merger in the press sector (Le Monde)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence authorizes the purchase of the newspaper Le Monde by Messrs. Pierre Bergé, Xavier Niel and Matthieu Pigasse.* The Autorité de la concurrence has just issued a decision in which it (...)

The US FTC Chairman delivers a speech on the new horizontal merger guidelines and the agency’s efforts to protect competition and consumers
Wolters Kluwer (Riverwoods)
FTC Chair Discusses Merger Guidelines, Other Agency Efforts* The FTC’s efforts to substantially revise the Horizontal Merger Guidelines for the first time since 1992 were among the recent agency accomplishments touted by FTC Chairman Jon Leibowitz in remarks delivered last week to attendees of (...)

The UK competition authorities publish new merger guidelines
Van Bael & Bellis (Brussels)
On 16 September 2010, the Office of Fair Trading and the Competition Commission published the first set of consolidated joint Merger Assessment Guidelines under the UK Enterprise Act 2002, which governs merger control law in the UK. The guidelines supersede various merger control guidance (...)

The French Competition Authority clears a merger between several agricultural cooperatives in Brittany (Triskalia)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence authorizes the merger of the Coopagri Bretagne, Union Eolys and CAM 56 agricultural cooperatives.* In its decision on 9 September 2010, the Autorité de la concurrence authorized (...)

The French Competition Authority clears a merger in the milk collection and manufacturing of cheeses sector (Sodiaal / Entremont)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence authorizes the purchase of the Entremont group by the Sodiaal agricultural cooperative.* The Autorité de la concurrence has just issued a decision in which it authorizes the (...)

The French competition authority clears a concentration in the aggregates sector subject to remedies (Eurovia/Tarmac)
Herbert Smith Freehills (Paris)
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French Competition Authority (Paris)
In its decision dated 20 August 2010, the French competition authority (the “FCA”) cleared the acquisition by Eurovia of sole control over six subsidiaries of the Tarmac group ("Tarmac") (the “concentration”), subject to remedies. Although the proposed concentration had a Community dimension, the (...)

The US merger guidelines introduce Gross Upward Pricing Pressure Index -GUPPI- to score merger’s potential unilateral effects
Skadden, Arps, Slate, Meagher & Flom (Brussels)
A GUPPI Revolution in the EU?* The new U.S. Horizontal Merger Guidelines, issued in August 2010, introduce the so-called GUPPI test, the Gross Upward Pricing Pressure Index. According to the U.S. Guidelines, “[a]dverse unilateral price effects can arise when the merger gives the merged entity (...)

The UK OFT decides not to refer a proposed acquisition in the door lock manufacturing market to the Competition Commission (Assa Abloy/Paddock)
Herbert Smith Freehills (Brussels)
Introduction and background Assa Abloy AB (AA) is an international manufacturer and supplier of locks and associated products, sold under a number of brands in the UK, with Yale being its most well-known. Paddock Holdings Limited (Paddock) is a UK-based manufacturer and supplier of multi-point (...)

The US DoJ requires rescission of a merger-to-monopoly and puts conduct remedies in place to ensure competition in the market for local newspapers in a city in West Virginia (Daily Gazette / MediaNews)
Akin Gump Strauss Hauer & Feld (Dallas)
The DOJ entered into a consent decree with two local West Virginia newspaper owners, requiring them to rescind a merger three years after its consummation. The Daily Gazette Company and MediaNews Group, Inc. had entered into a two-to-one merger, creating a monopoly from the only two local (...)

The UK Office of Fair Trading refers an acquisition in the media images sector leading the parties to abandon the merger (Getty Images / Rex Features)
Herbert Smith Freehills (Brussels)
Introduction and background This was a transaction involving two companies (Rex Features Limited - “Rex” - and Getty Images, Inc - “Getty”) with overlapping activities in the licensing of stock and editorial images to media companies (in particular celebrity and entertainment images). The two (...)

The German Federal Court confirms the dismissal of an appeal against a media merger prohibition (Axel Springer / ProSiebenSat.1 Media)
Rocket Internet SE
Decision In the ruling dated 8.6.2010 (KVR 4/09) the German Federal Supreme Court confirmed that the media merger between Axel Springer AG and broadcasting company ProSiebenSat.1 Media AG on in January 2006 by the German Competition Authority (Bundeskartellamt) would lead to increased (...)

The French Competition Authority authorises the creation of a mutual insurance group company by three insurance companies (MACIF, MAIF & MATMUT)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence authorises the pooling of certain activities of the MACIF, the MAIF and the MATMUT.* In its decision of 2 June 2010, the Autorité authorised the creation of a mutual insurance (...)

The French Competition Authority clears, under conditions, a merger in the sugar and spirits sector on Reunion Island (Tereos / Quartier Français)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the acquisition of the Quartier Français Group by the Tereos Group, under certain conditions.* The Autorité de la concurrence has carefully examined the Tereos Group’s (...)

The US FTC and DoJ releases for public comment a draft version of their new joint horizontal merger guidelines offering the opportunity to debate about the role of market definition and unilateral effects analysis
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Kirkland & Ellis (New York)
As the credit and capital markets continue to revive, companies around the world considering a return to greater mergers and acquisitions activity may be right to wonder whether recent antitrust law developments should deter those considerations. Notwithstanding the attention the various new (...)

The US DoJ and FTC releases for public comment revised horizontal merger guidelines that reflect Agency current practice
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Skadden, Arps, Slate, Meagher & Flom (New York)
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Kirkland & Ellis (New York)
On April 20, the Department of Justice (DOJ) and Federal Trade Commission (FTC) released and sought public comment on proposed, revised Horizontal Merger Guidelines (guidelines) that reflect how the agencies evaluate the potential competitive effects of mergers and acquisitions between firms at (...)

The U.S. DoJ and the FTC propose revisions to the horizontal merger guidelines
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Jones Day (Sillicon Valley)
Last week, the United States federal antitrust agencies-the Department of Justice Antitrust Division and the Federal Trade Commission-released proposed revisions to the Horizontal Merger Guidelines. The Guidelines, which have been revised several times over the past 40 years, delineate how the (...)

The U.S. District Court for the Northern District of California reaffirms the importance of market definition in antitrust merger analysis (Golden Gate Pharmacy / Pfizer)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Skadden, Arps, Slate, Meagher & Flom (New York)
On April 16, 2010, Judge Maxine M. Chesney of the U.S. District Court for the Northern District of California dismissed a complaint raising a private antitrust challenge to the merger of Pfizer, Inc. and Wyeth Pharmaceuticals, because she concluded that the complaint failed sufficiently to (...)

The French Competition Authority clears, under conditions, a merger in the food retail distribution sector in French overseas territories (Hoio / Louis Delhaize)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence authorizes the acquisition of certain companies of the Louis Delhaize distribution group by the Hoio group, subject to the sale of a store in Martinique.* The Autorité de la (...)

The EU Commission clears in phase I a merger in the internet search market addressing the concept of concentration and conducting a detailed two-sided market analysis (Microsoft / Yahoo!)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Microsoft/Yahoo! – the concept of a concentration* The Commission’s recent decision approving Microsoft’s acquisition of Yahoo!’s Search Business (including internet search and search advertising) contains an interesting application of the definition of a concentration under the Merger Regulation. (...)

The French Competition Authority clears, subject to conditions, a merger on the sector of distribution of DIY, decoration and gardening items (Mr Bricolage / Passerelle)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Subject to several conditions, the Autorité de la concurrence authorizes the acquisition of the Passerelle group by Mr Bricolage.* The Autorité de la concurrence has examined the acquisition of the Passerelle (...)

The French Competition Authority publishes guidelines regarding the control of mergers and acquisitions
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence publishes guidelines regarding the control of mergers and acquisitions.* On its Internet site, the Autorité de la concurrence has published new draft guidelines on the control of (...)

The French Competition Authority clears, under conditions, a merger in the poultry meat sector (LDC / Arrivé)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Subject to various conditions, the Autorité de la concurrence authorises the acquisition of the Arrivé group by the LDC group.* The Autorité de la concurrence has closely examined the LDC group’s acquisition of (...)

The EU Commission approves subject to remedies acquisition in the Belgian electricity market (EDF / Segebel)
DG COMP (Brussels)
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CRA International (Brussels)
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DG COMP (Brussels)
"EDF/Segebel (SPE) - More power to boost competition in Belgian energy markets"* I. Introduction In September 2009, the Commission received a notification of a proposed concentration whereby Electricité de France («EDF») would acquire from Centrica, a UK energy company, a 100% stake in Segebel (...)

The Serbian Government adopts new merger regulation and new guidelines for the definition of the relevant market
Faculty of Law - University of Macau
On 1 November 2009 the Serbian Competition Authority (KZK) began to apply the new Law on Protection of Competition. As a result of the substantial changes and introduction of new legal institutes, Serbian legislator entrusted the Government with the task of adopting new secondary regulations, (...)

The Competition Authority of Bosnia & Herzegovina issues on opinion regarding thresholds for mandatory notification of concentrations (BA Heinzel)
Faculty of Law - University of Macau
On 9 September 2009 legal counsel of the Heinzel Group (Heinzel) Dr. Johannes Klezl requested Competition Authority of Bosnia & Herzegovina to express its opinion regarding Heinzel’s obligation to notify its acquisition of an Austrian company engaged in manufacturing of paper for magazines (...)

The French Competition Authority clears a merger on the markets of fresh catering products (LDC / Marie)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence authorises the acquisition of the Marie company by the LDC group.* The Autorité de la concurrence considers that the purchase of the Marie company by the LDC group , while (...)

The German Bundeskartellamt clears in phase II a merger in the energy sector with remedies and still divides the relevant geographic market for gas supply in regional markets (EnBW-VNG / GESO)
Angermann
The German Bundeskartellamt cleared on August 24th, 2009 in phase II a merger between EnBW and VNG in the energy sector with remedies consisting in the sale of a subsidiary of EnBW (GESO). The Bundeskartellamt defines regional relevant geographic markets in the sector for grid-bounded gas (...)

The Dutch Competition Authority clears acquisition in media sector (PCM Holding, Nieuwsmedia, Wegener)
De Nederlandsche Bank (DNB)
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Smeets Van Empel advocaten (Amsterdam)
1. Facts and procedure On 17 July 2009 the Dutch Competition Authority (Nederlandse Mededingingsautoriteit, hereinafter "NMa") cleared the proposed acquisition of sole control over AD Nieuwsmedia B.V. (hereinafter "AD") by PCM Holding B.V. (hereinafter "PCM"). AD is and a joint-venture of PCM (...)

The Netherlands Competition Authority clears merger in newspaper market subject to divestments remedies (De Persgroep-PCM)
DG COMP (Brussels)
Introduction On July 1, 2009 the Netherlands Competition Authority (NMa) cleared the proposed acquisition of PCM Holding B.V. (PCM) by De Persgroep N.V (De Persgroep) subject to remedies. PCM publishes major Dutch newspapers such as NCR Handelsblad, NRC Next and the Volkskrant. De Persgroep is (...)

The European Commission refines its analysis of relevant markets in the airline sector and accepts slot divestitures with grandfathered rights as remedy (Lufthansa/SN Airholdings)
Van Bael & Bellis (Brussels)
On 22 June 2009, the European Commission approved the acquisition by Deutsche Lufthansa AG («Lufthansa») of SN Airholding SA/NV, the holding company of SN Brussels Airlines («SN Brussels»), subject to commitments. This decision indicates that the Commission is moving towards a more nuanced analysis (...)

The EU Commission conditionally approves a merger in the electricity retail markets in Germany (Vattenfall / Nuon)
Agency for the Cooperation of Energy Regulators (ACER) (Ljubljana)
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Autorità per l’Energia Elettrica e il Gas
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DG COMP (Brussels)
"The Vattenfall / Nuon Energy case — Upholding competition on electricity retail markets in Germany"* I. Introduction The Vattenfall/Nuon case concerned the merger between two energy utilities with activities in both electricity and gas markets. However, the only significant overlaps between (...)

The German Competition Authority clarifies its approach towards an alleged oligopoly on the German retail petrol markets in a decision prohibiting the acquisition of 59 gas stations in Saxony and Thuringia (Total / OMV)
Dentons (Berlin)
In the decision of 29 April 2009, the German Federal Cartel Office (“FCO”) prohibited the proposed acquisition of OMV Deutschland GmbH’s (“OMV”) 59 petrol stations located in Saxony and Thuringia by Total Deutschland GmbH (“Total”). The FCO founded in its decision that the concentration to strengthen (...)

The Chinese Antitrust Authority denies merger approval between US leading soft drinks and Chinese juice manufacturers (Coca Cola Company / Huiyuan)
Jones Day (Beijing)
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Jones Day (Beijing)
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Winston & Strawn (New York)
Today the Chinese Ministry of Commerce (MOFCOM) announced that it had denied antitrust approval of The Coca-Cola Company’s proposed acquisition of a famous Chinese Juice manufacturer, China Huiyuan Juice Group Limited («Huiyuan»). MOFCOM’s decision to block the Coke deal, after its conditional (...)

The Chinese MOFCOM blocks $2.4 billion acquisition of a leading Chinese juice producer by a foreign buyer (Coca-Cola / Huiyuan)
White & Case (Beijing)
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Mattel (Hong Kong)
On March 18, MOFCOM announced that it had blocked Coca-Cola’s proposed $2.4 billion acquisition of China Huiyuan Juice Group, a leading Chinese juice producer. It is MOFCOM’s second reported merger decision under the recently enacted Anti-Monopoly Law (“AML”), which came into effect August 1, 2008 (...)

The U.S. District Court of Columbia grants FTC request for preliminary injunction to block a 3-2 transaction in the market for electronic systems used to estimate the cost of collision repairs (CCC Holdings / Aurora Equity Partners)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Fordham Competition Law Institute - FCLI (New York)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
On March 18, 2009, Judge Collyer of the United States District Court for the District of Columbia released the public version of a significant opinion supporting her order granting the FTC a preliminary injunction in connection with the proposed $1.4 billion merger of CCC Information Systems (...)