1. Introduction The Court of Justice has consistently ruled, since Continental Can in 1973, that a market must be defined as the starting point of investigations in dominance and merger inquiries , while the US Supreme Court has similarly maintained a consistent line that markets are defined prior to competitive assessment [[The “determination of a relevant market is the necessary (...)
Market definition
General antitrust
The European Competition Network releases a joint statement over the EU Commission’s review of the Market Definition Notice
Joint statement by the European Competition Network (ECN) on the European Commission’s review of the Market Definition Notice*
With the present statement the ECN welcomes the initiative to review the Commission’s Market Definition Notice used in EU competition law (OJ C 372, 9.12.1997, p. 5 (...)
The Chinese State Administration for Market Regulation enacts the final implementing regulations for the amended Anti-Monopoly Law
On 24 March 2023, China’s antitrust authority – the State Administration for Market Regulation (“SAMR”) – issued four regulations implementing the recently amended Anti-Monopoly Law (“AML”), which cover four areas respectively, i.e., monopoly agreements, abuse of dominance, merger review and (...)
The UK Competition Authority publishes Draft Guidance on horizontal agreements and Draft Sustainability Guidance to signal greater openness towards collaborative efforts to fight climate change
On 25 January 2023, the UK Competition and Markets Authority (the “CMA”) opened a consultation on its Draft Guidance on Horizontal Agreements, which is intended to set out the framework for the application of the Chapter I prohibition of the Competition Act 1998 - the UK equivalent of Article (...)
The EU Commission seeks feedback on the draft revised Market Definition Notice
Competition: Commission seeks feedback on draft revised Market Definition Notice*
The European Commission has launched today a public consultation inviting all interested parties to comment on the draft revised Market Definition Notice. Market definition is an important first step in the (...)
The EU Commission publishes for feedback draft revised Market Definition Notice
Following its Staff Working Paper on evaluation of the 1997 EC Notice on definition of the relevant market for the purposes of Community competition law issued last year, the EC has published draft guidelines on market definition.
The first surprise is the footnote in the cover of the draft (...)
The German Competition Authority publishes the final report on its sector inquiry into hospitals
Final report on the sector inquiry into hospitals: Merger control guarantees competition and quality*
Today the Bundeskartellamt has published the final report on its sector inquiry into German hospitals. The outcome of the inquiry confirms the important role played by competition in (...)
The Croatian Competition Authority publishes its 2020 market study concerning the national press publishing sector which indicates an unceasing fall in paid circulation
Press Publishing Market in 2020 indicates unceasing fall in paid circulation*
The Croatian Competition Agency (CCA) carried out its regular market investigation into the Croatian press publishing market in 2020 with the view to defining the market shares of the relevant market participants. (...)
The Latvian Competition Authority performs five prevention procedures, warning a total of 15 real estate and construction companies of potential competition law infringements
15 legal persons have been warned in the first half of the year*
If the Competition Council (CC) finds potential signs of the infringement of Competition Law or suspects that market participants have prohibited the Law, but the infringement is not repeated, and it has not affected a big (...)
The EU Commission publishes the findings of its evaluation of the Market Definition Notice
Competition: Commission publishes findings of evaluation of Market Definition Notice*
The European Commission has published today a Staff Working Document that summarises the findings of the evaluation of the Market Definition Notice used in EU competition law.
The aim of the evaluation (...)
The French Competition Authority publishes its views on the competition issues arising from Fintech
Back in 2020, the French Competition Authority (“FCA”) had announced, in its annual priorities, its interest in the competition implications of the digital revolution in the financial sector, notably in the context of the growth of FinTech, the introduction of blockchain technology and the (...)
The US Senate introduces Senator Hawley’s proposal for an important antitrust reform aimed at Big Tech, Big Banks, Big Telecoms, and Big Pharma
Sen. Hawley’s "Trust-Busting for the Twenty-First Century Act," introduced on April 12, 2021, takes aim at "Big Tech, Big Banks, Big Telecom, and Big Pharma" by proposing to curb mergers and acquisitions by large corporations and ease the way for prosecutors and private plaintiffs to prevail (...)
The US Senate introduces proposed antitrust reform legislation titled the Competition and Antitrust Law Enforcement Reform Act of 2021 (CALERA)
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards
Antitrust reform has become a popular topic in the halls of Congress, academia, and even some (socially distant) gatherings. The topic has slowly picked up pace (...)
The Chinese State Administration for Market Regulation promulgates the Anti-monopoly Guidelines for intellectual property rights providing a more detailed analytical framework for monopoly agreements and abuse of dominant position
In 2020, SAMR promulgated the Anti-monopoly Guidelines for Intellectual Property Rights, i.e. IP Guidelines, which provide a more detailed analytical framework for monopoly agreements and abuse of dominant market position involving intellectual property: Definition of relevant market: The IP (...)
The Chinese State Administration for Market Regulation issues Antitrust Guidelines for the Platform Economic Industry in an effort to strengthen its enforcement in the sector
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards.
On 10 November, the Anti-Monopoly Bureau of the State Administration for Market Regulation (“SAMR”) issued the Antitrust Guidelines for the Platform Economic (...)
The Chinese State Administration for Market Regulation issues Antitrust Guidelines for the Platform Economic Industry
10 Highlights of the Antitrust Guidelines for Platform Economy*
On 10 November, the Anti-Monopoly Bureau of the State Administration for Market Regulation (“SAMR”) issued the Antitrust Guidelines for the Platform Economic Industry (draft for comments) (“Platform Guidelines”). [1] The (...)
The Singapore Competition Authority publishes a market study on e-commerce platforms
Digital platforms have experienced significant growth and popularity in Singapore in recent years and COVID-19 has accelerated its proliferation. The rapid pace of innovation and broad adoption of these platforms have raised significant competition concerns both local and abroad.
In (...)
The Singapore Competition Authority publishes its findings and recommendations from its market study on e-commerce platforms
On 10 September 2020, the Competition and Consumer Commission of Singapore ("CCCS") published its findings and recommendations from its market study on e-commerce platforms. While the market study did not identify any significant competition concerns in the sector, the CCCS has concurrently (...)
The EU Commission reviews its approach to market definition
On 26 June 2020 the European Commission published a public consultation regarding the revision of the Market Definition Notice used in EU competition law, inviting stakeholders from the public and private sector (including, undertakings and consumer associations, national competition (...)
The EU Commission consults stakeholders on updating the Market Definition Notice
The European Commission is consulting on updating its 1997 Market Definition Notice, which provides important guidance on identifying relevant markets in competition cases. One hotly debated topic is defining markets for two-sided platforms. We discuss some common misunderstandings on this (...)
The EU Commission undertakes a review of the market definition notice
In her first speech upon being reappointed as Competition Commissioner, Commissioner Vestager announced that a review would be undertaken of the Commission’s Market Definition Notice (the “Notice”); the consultation on that review closed Friday, October 9th. The Notice is an important document (...)
The EU Commission opens public consultation on the market definition Notice used in EU competition law and whether an update is required
Competition: Commission consults stakeholders on the Market Definition Notice*
The European Commission has published today a public consultation on the Market Definition Notice used in EU competition law. The open questionnaire will contribute to the Commission’s evaluation of the Notice to (...)
The French Competition Authority publishes a study on competition and e-commerce
On 5 June 2020, the French Competition Authority (“FCA”) published a study on competition and e-commerce. The study highlights that digital technologies have considerably changed the commerce and distribution landscape. Many offline retailers are now marketing their products and services (...)
The German Minister of Economic Affairs and Energy submits a report on New Competition Framework for the Digital Economy
On 9 September 2019, the German "Commission Competition Law 4.0" (Commission) submitted its report "A New Competition Framework for the Digital Economy" (English summary available here) to the Minister of Economic Affairs and Energy. The Commission was set up by the minister in September 2018 (...)
Anticompetitive practices
The Luxembourg Administrative Tribunal modifies and upturns the Competition Authority’s fine on a food supplier for resale price maintenance, and affirms the right of a leniency applicant to benefit from the principle of legitimate expectation (Bahlsen / Delhaize / Auchan)
Introduction
On 6 January 2015, the Luxembourg Competition Authority (formerly the Competition Council, hereinafter “Authority”) opened an investigation against the food supplier Bahlsen on suspicion of aligning resale prices to consumers. After a search of the supplier’s headquarters on 15 (...)
The US Court of Appeals for the Seventh Circuit rules that hypothetical monopolist test remains "best approach" for geographic market analysis in healthcare context (Vasquez / Indiana University Health)
Vasquez v. Indiana Univ. Health, Inc., et al. is a resurrected antitrust suit brought by a local vascular surgeon against Indiana University Health (“IU Health”) and its subsidiary, Bloomington Hospital. The Seventh Circuit reversed and remanded, concluding that the district court had erred (...)
The UK Competition Appeal Tribunal overturns the Competition Authority’s wide "Most Favoured Nation" decision (ComparetheMarket)
Background
In November 2020, the CMA issued a Decision against CTM and imposed a c. £18m penalty. The Decision took issue with contractual obligations known as wide most favoured nation clauses (wide MFNs), which were imposed by CTM in its agreements with certain home insurers. These clauses (...)
The EU Court of Justice rules that the Commission’s decision against a cartel of international truck manufacturers includes specialized trucks such as refuse trucks, with practical significance for follow-on damages actions before national courts in similar cases (Daimler / DAF Trucks)
On August 1, 2022 the EU Court of Justice (CJEU) gave a preliminary ruling on the interpretation of the product scope of a cartel found to exist by the EU Commission (EC) in its Decision dated July 19, 2016, C (2016) 4673 final, in Case AT.39824 – Trucks (the Decision). This Decision led (...)
The EU Commissioner for Competition Vestager announces increased focus on atypical cartels, including wage fixing or no-poach agreements in the labour market
Antitrust authorities are increasingly focused on anticompetitive agreements in the labour markets. In a recent speech held in Rome on 22 October 2021 ("A New Era of Cartel Enforcement"), EU Competition Commissioner Margrethe Vestager emphasised that the Commission will further and further (...)
The UK Competition Appeal Tribunal confirms a pay-for-delay infringement decision but reduces the fines (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
On 10 May 2021, the UK’s Competition Appeal Tribunal (“CAT”) issued its final decision in GSK (Paroxetine) – the long-running saga concerning pay-for-delay patent settlement agreements between GSK and several generics. The CAT upheld the Competition and Markets Authority’s (“CMA”) finding of (...)
The Chinese State Administration for Market Regulation and Shanghai SAMR issue two administrative decisions punishing two Internet platform companies for engaging in “either-or choice” practices on their in-platform merchants (Alibaba / Shanghai Food Paishi Trade Development)
A few days ago, the State Administration for Market Regulation (“SAMR”) and Shanghai Administration for Market Regulation (“Shanghai AMR”) successively issued two administrative decisions punishing two Internet platform companies for engaging in “either-or choice” practices (a type of (...)
The Dutch Trade and Industry Appeal Tribunal rules that the Competition Authority rightly imposed a fine for cartel violation in cold stores sector (Eimskip / Kloosbeheer / Samskip / H&S Coldstores)
This ruling is part of a case that has been going on for years. It concerns a cartel in the cold storage sector. The background to the case is as follows. Four companies from this sector were fined for three different cartel violations with fines ranging from €450,000 to €9.6 million. In (...)
The UK Court of Appeal upholds a ruling which declared that the national rail track operator abused its dominance by restricting suppliers’ access to its infrastructure (Network Rail / RISQS)
The Court of Appeal on 5 March 2020 handed down a judgment upholding the ruling of the Competition Appeal Tribunal ("CAT") of July 2019 which found Network Rail had infringed the Chapter I and II prohibitions of the Competition Act 1998 by requiring, in its schemes governing suppliers’ access (...)
The EU Court of Justice clarifies the conditions under which pay-for-delay agreements preventing generic versions of a patented medicine from entering the market or delaying such entry may constitute a restriction of competition "by object" or "by effect" as well as an abuse of dominant position (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
On 30 January 2020, the Court of Justice of the EU (‘CJEU’) ruled on the applicability of competition law to settlement agreements between a holder of a pharmaceutical patent and manufacturers of generic medicines. In a judgment issued only a week after Advocate General Kokott delivered her (...)
The Indian Competition Authority finds no violation in a cinema chain exclusively selling one beverage producer’s products (Inox / Coca-Cola)
CCI holds no violation in exclusive selling beverages of Coca-Cola by INOX Theatres at higher rates than the retail price*
The Competition Commission of India (“CCI/ Commission”) by way of order dated 28.02.2019 exonerated INOX Leisure Ltd (“INOX”) and Hindustan Coca-Cola Beverages Private (...)
The EU General Court annuls a decision of the Commission for wrongly qualifying agreements as "pay for delay" and improperly qualifying an abuse of dominance, thus reducing the fine imposed on a pharmaceutical company (Servier)
The General Court annuls in part the European Commission’s decision finding the existence of restrictive agreements and an abuse of a dominant position on the market for perindopril, a medicine used to treat hypertension and heart failure*
On 12 December 2018, the General Court (“Court”) (...)
The EU General Court offers a mixed review of patent settlement agreements in the pharmaceutical sector (Servier)
On 12 December 2018, the General Court (“GC”) once again passed judgment on a number of patent settlement agreements in the pharmaceutical sector. It had already reviewed such agreements in September 2016 when it upheld the decision of the European Commission (the “Commission”) in the Lundbeck (...)
The EU General Court holds that patent settlements may be deemed pay-for-delay agreements only if there are reverse payments, and the originator may not be held dominant if the market is not assessed rigorously (Servier)
The Servier judgments: patent settlements may be deemed “pay-for-delay” agreements, and thus by-object infringements of Article 101 TFEU only if Commission substantiates strong indication of “reverse payment” or “abnormal inducement” from the originator to the generic; further, the originator (...)
The COMESA Competition Commission’s second investigation into restrictive vertical distribution ends with a beverage company avoiding a fine after agreeing to eliminate price maintenance clauses (Coca-Cola)
COMESA’S SECOND RESTRICTIVE TRADE PRACTICES INVESTIGATION ENDS INCONCLUSIVELY*
Having now concluded two non-merger cases (the first was an exclusivity issue in football broadcasting and sponsorship agreements, see here), the COMESA Competition Commission’s (“CCC”) second investigation into (...)
The Lithuanian Supreme Court accepts the Competition Authority’s request for renewing court proceedings regarding an anti-competitive agreement in the energy sector (Vilniaus energija / Bionovus)
Dispute over competition law infringement on biofuel market returned to Supreme Administrative Court of Lithuania*
The Supreme Administrative Court of Lithuania agreed to renew court proceedings concerning an anti-competitive agreement on the biofuel market as requested by the Lithuanian (...)
The Australian High Court unanimously dismisses the appeals by each airline due to their entering into a price-fixing agreement (Air New Zealand)
On 14 June 2017, the High Court of Australia unanimously dismissed the appeals by each airline in Air New Zealand Ltd v Australian Competition and Consumer Commission; PT Garuda Indonesia Ltd v Australian Competition and Consumer Commission [2017] HCA 21. The High Court found that price fixing (...)
The Turkish Competition Authority publishes its reasoned decision on the investigations conducted upon the allegation of resale price fixing in the auto gas market (Aygaz)
This case note analyses the Turkish Competition Board’s (“Board”) Aygaz decision dated 16.11.2016 with No. 16-39/659-294. The Board assessed allegations that Aygaz and its wholly-owned subsidiary, Mogaz A.Ş. (“Mogaz”), had engaged in resale price maintenance (“RPM”).
Background
The Board (...)
The US Court of Appeals for the Seventh Circuit considers potential discrimination between taxis and transportation network providers (Illinois Transport Association / City of Chicago)
Sharing and traditional economy: matter of substitutability ... between cats and dogs?*
Sharing economy firms are disrupting traditional industries across the globe. As Tom Goodwin once put it: “Uber, the world’s largest taxi company, owns no vehicles. Facebook, the world’s most popular (...)
The Australian Federal Court rules in favor of Competition Authority’s appeal against an air cargo provider and clarifies when a market is "in Australia" (P T Garuda Indonesia)
On 21 March 2016, the Full Court of the Federal Court allowed the ACCC’s appeal by a 2:1 majority in Australian Competition and Consumer Commission v P T Garuda Indonesia Ltd [2016] FCAFC 42.
This case concerned allegations that P.T. Garuda Indonesia Ltd and Air New Zealand Ltd were party to (...)
The Australian High Court decides to hear the Competition Authority’s appeal in price-fixing case against a travel agent (Flight Centre)
The High Court has granted the ACCC special leave to appeal the Full Court of the Federal Court’s decision in Flight Centre Limited v Australian Competition and Consumer Commission [2015] FCAFC 104.
This case concerns ACCC allegations that Flight Centre (a travel agent) attempted to induce (...)
The EU Court of Justice confirms the liability of cartel facilitators in a landmark decision concerning the heat stabilisers cartels (AC-Treuhand)
On 22 October 2015, the ECJ has issued a judgment on appeal against the European Commission (EC) decision in the Heat Stabilisers cartels (Commission v AC-Treuhand AG C-194/14 P). The ECJ stated that a fine can be imposed under Article 101 TFUE on a consulting firm for facilitating cartel (...)
The Indian Competition Commission fines pharmaceutical companies for bid rigging in a public tender sector (GlaxoSmithKline / Sanofi)
CCI fines GSK and Sanofi for bid rigging*
It has been quite a while since I posted an India update on Cartel Capers. This was partly due to the fact that the CCI has been relatively quiet on the cartel front for the last few months and partly because I have also been relatively busy with (...)
The US District Court for the Eastern District of New York reminds that potential defendant cases should be prepared to address a plaintiff’s “direct evidence” of harm to competition and may not be able to solely rely on its relative market share as a defense (American Express)
Court Rules Against American Express Based on Both Direct and Indirect Evidence of Harm to Competition*
On February 19, 2015, the District Court for the Eastern District of New York issued its ruling on liability in United States v. American Express. Following a seven-week trial, the Court (...)
The German Competition Authority authorizes cooperation agreements between two telecommunication companies for developing fast broadband connections (Telekom Deutschland / Telefónica O2 Germany)
No objections to cooperation between Telekom and Telefónica for the supply of fast broadband services*
The Bundeskartellamt has no objections to the cooperation between Telekom Deutschland GmbH, Bonn, and Telefónica O2 Germany GmbH & Co. OHG, Munich for the provision of fast broadband (...)
The Federal Court of Australia finds no breach of legislation in air cargo cartel case on ground that it did not involve a ‘market in Australia’ (Air New Zealand)
The Australian Federal Court recently handed down a decision relating to the international air cargo cartel (the Air NZ case). Despite finding that the defendants, Air New Zealand Limited (Air NZ) and PT Garuda Indonesia Ltd (Garuda), had engaged in price fixing conduct which might have (...)
The UK Competition and Markets Authority issues its report wherein measures are proposed to increase competition in the private motor insurance market
The CMA has today published measures it expects to increase competition in the car insurance market and reduce the cost of premiums for drivers.*
The measures are included in the final report of its investigation, conducted by an independent panel of members, into the private motor insurance (...)
The South African Competition Authority issues the terms of reference for the liquefied petroleum gas sector
Second market inquiry focuses on energy sector (LPG)*
“Highly regulated” liquefied petroleum gas at center of second sectoral Commission inquiry
According to the South African Competition Commission, the agency has issued “Terms of Reference for the market inquiry into the Liquefied (...)
Unilateral Practices
The US Court of Appeal of the 9th Circuit partially upholds the district court’s judgment regarding a Big Tech company’s prohibition of third-party app stores and in-app-payment systems from operating on its proprietary iOS platform (Epic Games / Apple)
Untangling the 9th Circuit’s Ruling in Epic Games v Apple*
The 9th U.S. Circuit Court of Appeals ruled late last month on Epic Games’ appeal of the decision rendered in 2021 by the U.S. District Court for the Northern District of California in Epic Games v Apple, affirming in part and (...)
The Turkish Competition Authority grants block exemption to a multi-category e-marketplace company after a preliminary investigation on alleged restriction of competition practices (Trendyol)
On 17 January 2023, the Turkish Competition Authority (“TCA”) announced its reasoned decision rendered as a result of the preliminary investigation that was conducted against DSM Grup Danışmanlık İletişim ve Satış Ticaret AŞ (“Trendyol”). The preliminary investigation was initiated pursuant to (...)
The UK Competition Appeal Tribunal issues a decision which sets key considerations for market definition analysis (ComparetheMarket)
In a decision by the UK Competition Appeal Tribunal (CAT) dated 19 November 2020, the CAT fined Comparethemarket (CTM), a price comparison website a fine of £17.9 million for abuse of dominance in the market for price comparison services. CTM abused its position in the market by imposing wide (...)
The US District Court for the Northeastern District of New York dismisses a drug manufacturer’s claim against a rival which it alleged blocked entry into the market for a medication administered through pre-loaded syringes (Novartis / Regeneron)
A Nearsighted Approach to Product Market Definition: Court Rejects Low-Cost Rival’s Antitrust Claims Alleging Novartis Blocked Competition in the Sale of Eye-Disease Treatments*
One antitrust case we have been watching closely is the patent-related antitrust suit filed by biotechnology (...)
The French Competition Authority fines a Big Tech company €220 million for abuse of a dominant position through self-preferencing in the ad tech industry (Google AdX / Google DoubleClick for Publishers)
On 7 June 2021, the French Competition Authority (“FCA”) concluded an investigation into Google’s ad tech business. The FCA (i) found that Google abused a pan-European dominant position and thereby infringed EU competition law by favoring its proprietary display advertising intermediation (...)
The Chinese Intermediate People’s Court of Ningbo City enforces mandatory licensing for "essential facility" patents in an antitrust case (Ketian / Hitachi)
In Short
The Development: China’s Ningbo Intermediate People’s Court ruled that Hitachi Metals ("Hitachi") allegedly abused its dominance when it refused to license patents necessary for the production of sintered neodymium-iron-boron ("sintered NdFeB").
The Significance: This is the first (...)
The Indian Competition Authority rejects allegations regarding an abuse of a dominant position in the provision of coal terminal services (Tamil Nadu Power Producer Association / Chettinad International Coal Terminal)
After a lengthy investigation, which started in January 2016, the Competition Commission of India (CCI) rejected allegations by the Tamil Nadu Power Producer Association that Chettinad International Coal Terminal Pvt. Ltd. (CICTPL) had abused its dominant position in the provision of coal (...)
The Indian Competition Authority receives an anonymous complaint on alleged dominance by a Big Tech company through the Android ecosystem (Google UPI)
Introduction
Pursuant to the scrutiny of WhatsApp over allegation of abusive dominance regarding its Payment app, the Competition Commission of India (CCI) warranted a detailed investigation against Google to monitor its anti-competitive practices over multiple facets including a violation (...)
The Indian Competition Authority dismisses abuse of dominance allegations against a retirement home company due to lack of dominance, but notes the parties may direct their grievances to sectoral regulators (Ashiana Housing)
KEY POINTS
Within the real estate sector, different categories of residential properties are not necessarily substitutable and therefore form separate relevant markets. Further, certain industrial practices though not within the realm of the CCI may require regulatory intervention.
BRIEF (...)
The German Federal Court of Justice overturns the Dusseldorf Court of Appeals’ interim decision and finds an online social media platform to have abused its power in collecting data from different sources (Facebook)
On June 23, 2020, the Federal Court of Justice (“FCJ”) overturned the Düsseldorf Court of Appeals’ (“DCA”) interim decision and rejected Facebook Inc.’s (“Facebook”) request to suspend the enforceability of the Federal Cartel Office’s (“FCO”) prohibition decision. The FCJ disagreed with the (...)
The German Federal Court of Justice preliminarily confirms that an online platform abused its dominant position on the national market of social networks (Facebook)
On 23 June 2020, the German Federal Court of Justice (“FCJ”), in summary proceedings, preliminarily confirmed the finding of the Federal Cartel Office (“FCO”) that Facebook had abused its dominant position. It overturned the decision of the Higher Regional Court of Düsseldorf that had (...)
The German Federal Court of Justice confirms abuse of dominance over data collection by an online platform without the user’s explicit consent (Facebook)
The Federal Court of Justice (FCJ) rejected Facebook’s application for suspensive effect in connection to its appeal to the Higher Regional Court of Düsseldorf against the decision of the Federal Cartel Office (FCO) prohibiting Facebook from collecting and processing Facebook users’ data (...)
The Cypriot Competition Authority carries out an extensive analysis and finds no abuse of dominance in the national marketing and wholesale distribution market for eyewear and sunglasses (E.C. Kyrillou Eyecare / D.S. Demetriou Enterprises)
Introduction
On 16 of June 2020, the Cyprus Commission for the Protection of Competition (the “Commission”) delivered a decision concerning a complaint filed by E.C. Kyrillou Eyecare Ltd against and D.S. Demetriou Enterprises Limited, in relation to an alleged infringement of Article 3 and (...)
The UK Court of Appeal considers the test for excessive pricing after an undertaking had charged unfairly high prices for phenytoin sodium capsules (Pfizer / Flynn)
Introduction
In December 2016, the UK’s Competition and Markets Authority (CMA) found that Pfizer and Flynn had charged unfairly high prices for phenytoin sodium capsules, an important anti-epilepsy drug, in breach of competition law. The CMA imposed fines totalling £90 million. Pfizer and (...)
The UK Court of Appeal seeks to reinstate record fines imposed on pharmaceutical companies for abuse of dominant position through excessive and unfair pricing of an anti-epilepsy drug (Pfizer / Flynn)
On 10 March 2020 the UK Court of Appeal handed down its hotly anticipated judgment in Flynn Pharma Limited & Anr vs Competition and Markets Authority. The UK Competition and Markets Authority (CMA) was seeking to reinstate record fines totalling £89.4m imposed on pharmaceutical companies (...)
The UK Court of Appeal imposes agency discretion in the methodology to establish the unfairness of prices, thereby increasing the burden of proof on companies to avoid a finding of excessive pricing (Pfizer / Flynn)
The UK Court of Appeal Overturns the CAT & Imposes Agency Discretion on Excessive Price Benchmark*
On March 10, 2020, the England and Wales Court of Appeal (CoA) handed down a significant ruling that reintroduces agency discretion in the methodology used to establish the unfairness of (...)
The EU General Court hears an appeal against an abuse of dominance decision in online comparison shopping services (Google Shopping)
Background
On 27 June 2017, the European Commission imposed a record fine of 2.42 billion euros to Google for abuse of dominant position under Article 102 TFEU consisting in self-favouring its own Comparison Shopping Service (“CSS”) by displaying it more prominently and under enriched (...)
The EU Court of Justice dismisses the appeals against the Commission’s decisions in the case of alleged predatory practices by the Czech railway incumbent (České dráhy)
On 30 January 2020, the European Court of Justice dismissed the appeals in joined cases C-538/18 P and C-539/18 P brought by Czech national rail carrier České dráhy, which sought to set aside the judgments of the General Court in cases T‑325/16 and T‑621/16 upholding the European Commission’s (...)
The Belgian Competition Authority imposes interim measures against a sports association because of its anticompetitive rules (Belgian Bumper Pool Association)
Interim measure imposed on the Belgian Bumper Pool Association concerning the bumper pool balls that may be played with in competitions and matches*
At the request of HCSB BVBA (manufacturer of bumper pool balls), the Competition College of the Belgian Competition Authority (BCA) has imposed (...)
The German Federal Court provides further guidance on abusive ad blocking and holds that it may constitute abuse of dominance (Ad Blocker IIIa)
In its judgement of 10 December 2019, the German Federal Court of Justice (BGH) found that ad blocking can constitute an abuse of a dominant position by the ad blocker provider. The decision marks another milestone in the ad blocker saga. Following a series of lower court judgments and a BGH (...)
The Swiss Federal Supreme Court confirms and defines margin squeeze as a particular form of abusive pricing strategy in the telecommunication market (Swisscom)
Federal Supreme Court examines margin squeeze under Swiss competition law*
Introduction
On 9 December 2019 the Federal Supreme Court confirmed that Swisscom AG and Swisscom (Schweiz) AG (together, Swisscom) had abused its dominant position by charging abusive prices for wholesale broadband (...)
The Australian Competition Authority launches its first enforcement proceedings under the new ’effects test’ prohibition on misuse of market power (Tasmanian Ports)
On 6 December 2019, the ACCC launched its first enforcement proceedings under the new ‘effects test’ prohibition on misuse of market power. The proceedings will provide much needed guidance as to how the much-debated ‘effects test’ will apply to unilateral conduct.
It is noteworthy that the (...)
The German Federal Court rules on ad-blocking software, the market definition and the potential competitive concerns (Ad Blocker III)
On 8th October 2019 the German Federal Court ruled on ad blocking software, the market definition and potential competitive concerns (KZR 73/17 "Ad blocker III"). The judgment concerns the dispute between companies of the RTL Group and the defendant, a provider of advertising blocker software. (...)
The Dusseldorf Higher Regional Court quashes the Competition Authority’s findings that a social network abused its dominant position by improperly combining user data that it has collected from various sources (Facebook)
As previously reported in this Bulletin, on 6 February 2019, the German Bundeskartellamt (Federal Cartel Office – “FCO”) found that Facebook abused its dominance by improperly combining user data that it collected from various sources. As a remedy, the FCO imposed far-reaching restrictions on (...)
The German Competition Authority finds that the data gathering practices of a social network are an abuse of its dominant position, and orders amendments in its data processing policy (Facebook)
On 6 February 2019, the German Federal Cartel Office (“FCO”) concluded administrative proceedings concerning the data gathering practices of Facebook Inc., Facebook Ireland and Facebook Germany (together “Facebook”). The FCO found that Facebook abused its dominant position by making the (...)
The German Competition Authority orders a social network company to stop collecting and matching data of its users without explicit consent as it constitutes an abuse of dominance (Facebook)
Bundeskartellamt hits "don’t like"-button on Facebook*
On February 7, 2019, Germany’s Federal Cartel Office (“FCO”) issued its long-awaited decision in the Facebook case, see press release and background paper in English here.
It qualifies Facebook’s current practice of collecting and (...)
The German Competition Authority prohibits a social network company from abusing its dominant position by combining its user data from different sources (Facebook)
Bundeskartellamt / Digital Economy
Bundeskartellamt prohibits Facebook from combining user data from different sources*
Bonn, 7 February 2019: The Bundeskartellamt has imposed on Facebook far-reaching restrictions in the processing of user data.
According to Facebook’s terms and (...)
The German Competition Authority considers that a social network company’s data processing terms, enabling the collection, merger, and use of user data without valid consent, constitutes an abuse of a dominant position (Facebook)
In Short The Situation: An investigation launched in 2016 by the German competition authority was meant to determine if Facebook was abusing its market position with its imposition of "misleading" data protection policies. The Result: It was concluded that Facebook’s data processes did abuse (...)
The German Competition Authority finds a social network abused its dominant position by collecting, merging and using data in user accounts (Facebook)
On Thursday, 7 February 2019, Germany’s competition watchdog Bundeskartellamt (German Federal Cartel Office, FCO) handed down its long-awaited decision on Facebook. It took the FCO nearly three years to conclude the proceedings – quite a long time for a very dynamic industry where players and (...)
The German Competition Authority finds an online platform of the social network to be dominant in the market for social networks and prohibits the company from combining user data from different sources (Facebook)
The FCO issued a decision in its Facebook proceeding on 7th February 2019 which concerns the interface between competition law and data protection law.
Facebook’s terms and conditions require the user to consent to Facebook’s unrestricted collection of user data and assignment of (...)
The German Competition Authority rules that a social network abused its dominant position by improperly combining the user data that it collected (Facebook)
On February 6th, the Bundeskartellamt (German Federal Cartel Office - “FCO”) ruled that Facebook abused its dominance by improperly combining user data that it collected. The FCO imposed far-reaching restrictions on Facebook’s processing of user data in the future, including a requirement that (...)
The Higher Regional Court of Dusseldorf issues a ruling which suspends the Competition Authority’s decision regarding alleged exploitative abuse of dominance practices of a Big Tech Social Network (Facebook)
Dusseldorf Court’s Decision Suspending the Bundeskartellamt’s Facebook Ruling: A Guideline For Examining Alleged Exploitative Abuses
In 2019, the Bundeskartellamt rendered one of the most controversial decisions in the recent competition law history, finding that Facebook’s making the (...)
The US District Court for the Northern District of California denies a motion for a summary judgment that a company’s standard essential patent licensing practices breached its FRAND obligations (ASUS / InterDigital)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards.
In a decision published in redacted form, Judge Beth Labson Freeman of the Northern District of California denied ASUSTek Computer Inc.’s and ASUS Computer (...)
The Turkish Competition Authority holds that online sales channels exert competitive pressure on traditional sales channels (Doğan Müzik Kitap Mağazacılık ve Pazarlama)
Should Traditional and Online Sales Channels Constitute Separate Relevant Markets? (The TCA’s D&R Decision)
On November 23, 2018, the Turkish Competition Authority (“TCA”) published its reasoned decision (“D&R Decision”) concerning the investigation conducted against Doğan Müzik (...)
The Indian Competition Authority fines MRI manufacturer for abuse of dominance, with the Chairman dissenting due to different market definition that would conclude no dominance (House of Diagnostics / Esaote Asia Pacific)
CCI imposes penalty on Esaote SPA and its Indian subsidiary for abusing its dominant position in the sale of specialized MRI machines*
The CCI vide its order dated September 27, 2018 has imposed a penalty of INR 9.33 lakhs on Esaote S.p.A and its Indian subsidiary, Esaote Asia Pacific (...)
The Lithuanian Competition Authority terminates investigation into suspected abuse of dominance of a petroleum products manufacturer (Orlen Lietuva)
Lithuanian Competition Council (Lietuvos konkurencijos taryba, “LCC”) terminated investigation into suspected abuse of dominance of the manufacturer of petroleum products ORLEN Lietuva (ORLEN). The investigation was originally initiated based on the complaint from the Association of the (...)
The EU Commission fines a tech company for illegal tying in the market for third-party mobile device manufacturing (Google Android)
European Commission Fines Google for Illegal Tying*
The European Commission (“EC”) recently fined Google €4.34 billion, stating that “Google has imposed illegal restrictions on Android device manufacturers and mobile network operators to cement its dominant position in general internet (...)
The EU Commission fines a multinational technology company for abuse of dominance by imposing illegal restrictions on device manufacturers and mobile network operators (Google Android)
Antitrust: Commission fines Google €4.34 billion for illegal practices regarding Android mobile devices to strengthen dominance of Google’s search engine*
The European Commission has fined Google €4.34 billion for breaching EU antitrust rules. Since 2011, Google has imposed illegal (...)
The EU Commission fines a multinational technology company for abuse of dominant position in the smartphone operating system sector (Google Android)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards.
On 18 July 2018 the European Commission imposed a record fine of €4.34 billion on Google. In such an innovative and competitive industry, a decision and fine (...)
The UK Competition Appeal Tribunal partially sets aside the Competition Authority’s decision that fined two undertakings nearly £90 million for charging unfairly high and excessive prices for anti-epilepsy drugs (Pfizer / Flynn)
On 7 June 2018, the UK’s Competition Appeal Tribunal (CAT) partially set aside the Competition and Market Authority’s (CMA’s) decision fining Pfizer and Flynn nearly £90 million for charging unfairly high, or excessive, prices for phenytoin sodium capsules (an anti-epilepsy drug) in breach of (...)
The UK Competition Appeal Tribunal announces its provisional judgment in an appeal against the Competition Authority’s infringement decision in an excessive price case (Pfizer / Flynn)
I. Introduction
In the last couple of years, there has been a trend for antitrust watchdogs around the world to investigate excessive pricing, especially in the pharmaceutical sector. Last year, the European Commission opened its first investigation into excessive pricing in the (...)
The Australian Federal Court dismisses an appeal by the Competition Authority against a judgment establishing market power in the pharmaceutical sector (Pfizer)
The Full Court of the Federal Court of Australia has dismissed an appeal by the ACCC against an earlier judgment in relation to pharmaceutical company Pfizer. While the Full Court upheld the single judge decision that Pfizer had not misused its market power or engaged in prohibited (...)
The Spanish Supreme Court orders restarting the investigation of a complaint about abuse of dominant position (Oracle)
On 26 February 2013, Hewlett Packard and Hewlett Packard Española, S.L. (jointly, HP) filed a complaint against Oracle Corporation and Oracle Ibérica, S.R.L. (jointly, Oracle) before the NMCC denouncing restrictive practices of competition in the field of relational database management (...)
The EU Commission opens a formal investigation into German grid operator for limiting cross border electricity capacity with Denmark (TenneT)
Antitrust: Commission opens investigation into German grid operator TenneT for limiting cross border electricity capacity with Denmark*
The European Commission has opened a formal investigation to assess whether German grid operator TenneT’s limitation of capacity from Western Denmark into (...)
The German Competition Authority indicates in preliminary assessment of a possible abuse of dominance case that data collection and use from third-party sources is abusive (Facebook)
Bundeskartellamt sends preliminary assessment to Facebook*
On December 19, 2017, the Federal Cartel Office (“FCO”) published a press release on its preliminary assessment in the ongoing Facebook dominance probe, accompanied by a background paper (available in English here).
The FCO (...)
The Chinese Supreme People’s Court finds no abuse of dominance in the central heating market (Bayannuer Sunshine Energy / Linhe Thermal Power Plant / Northern United Electric Power)
Identification and Abuse Analysis of Market Dominance of Public Utilities: Thoughts of the Supreme People’s Court of China on Antitrust Litigation of Heating Units
In December 2017, the Supreme People’s Court of China decided to reject the retrial application of Sunshine Energy Co., Ltd. in (...)
The Cypriot Competition Authority sends a Statement of Objections to a chemical and consumer goods company suspected to have abused its dominant position (K.A.C. Constantinides Trading / GPM-Henkel)
The Commission for the Protection of Competition announces that it has notified Statements of Objections to Henkel AG & Co KGaA and its subsidiary GPM Henkel Ltd jointly and severally regarding a prima facie infringement of Section 6(1)(b) of the Protection of Competition Laws of 2008 and (...)
The Russian Competition Authority sends a warning to a multinational technology company suspected of abuse of dominance (Apple)
FAS issued a warning to “Apple Rus” Ltd.*
By 1 May 2017 the company should open a unified service centre in the Russian Federation
On 20 February 2017, the FAS Commission investigated a case against “Apple Rus” Ltd.
According to a statement received by FAS, in 2016 service centres failed (...)
The EU Commission carries out unannounced inspections in the electricity sector in Greece
Antitrust: Commission confirms unannounced inspections in the electricity sector in Greece*
The European Commission can confirm that on 14 February 2017 its officials carried out unannounced inspections at the premises of companies active in the generation, transmission and supply of (...)
The Polish Supreme Court finds that a decision of the Competition Authority and the judgment of the Court of Appeal failed to establish a sufficiently precise relevant market definition to enable the finding of an abuse of dominance in the natural gas sector (PGNiG)
In the judgment of the Supreme Court (“SC”) of 10 January 2017, (III SK 61/15) concerning the alleged abuse of dominant position by PGNiG S.A. – a Polish natural gas company, the case was referred back to the Court of Appeal in Warsaw (“CA”). The SC found that neither the President of the (...)
The EU Commission considers comparison shopping services and advertising related practices (Google AdSense)
Everything is amazing - and no-one at the European Commission is happy*
Since the European Commission (EC) announced its first inquiry into Google’s business practices in 2010, the company has been the subject of lengthy investigations by courts and competition agencies around the globe. (...)
The German Competition Authority issues a working paper on the market power of platforms and networks
Bundeskartellamt publishes working paper on "Market Power of Platforms and Networks"*
The Bundeskartellamt has today published a working paper which deals with the "Market Power of Platforms and Networks" in the Internet. The report focuses on the factors relevant for assessing the market (...)
The French and German Competition Authorities publish a joint study on competition law and data
The French Autorité de la concurrence and the German Bundeskartellamt publish joint paper on data and its implications for Competition Law*
The increasing collection, processing and commercial use of data in digital markets has prompted a broad debate about the role of data in corporate (...)
The Indian Competition Authority exonerates television audience measurement agency from allegations of abuse of dominance due to lack of dominance in the relevant markets (Prasar Bharati / TAM Media Research)
CCI closes case against television audience measurement services agency*
CCI by its order dated February 25, 2016 has closed a case alleging abuse of dominant position by the television audience measurement services agency, TAM Media Research Private Limited, in relation to the procedure (...)
The Indian Competition Authority dismisses allegations of abuse of dominance against an agent distributing academic journals, finds that agent is not dominant in the national market (Global Information Systems Technology)
CCI dismisses case against agent of global academic journal publishers in India*
CCI by its order dated August 25, 2015 has dismissed a case against Global Information Systems Technology Pvt. Ltd. (GIST) for alleged abuse of dominance. It was alleged that the All India Council for Technical (...)
The English High Court awards the claimant in an abuse of dominance case an injunction to prevent a service being discontinued (Packet Media / Telefónica)
The English High Court has awarded the claimant in an abuse of dominance case an injunction to prevent a service being discontinued - once the claim had been amended over the weekend after an unfinished hearing.
In brief
Working through the weekend proved worthwhile for Packet Media (...)
The Indian Competition Authority exonerates global computer manufacturer from allegations of abuse of dominance in the market for x86 servers (Surana and Surana / Dell India)
CCI exonerates Dell India Pvt. Ltd against allegations of abuse of dominant position*
CCI by its order dated 10 June 2015 dismissed from allegations of involvement in anti-competitive practices and abuse of dominant position against Dell India Pvt. Ltd (DIPL). The case was filed by M/s (...)
The UK Competition Authority publishes an updated issues statement of its investigation concerning the market of the supply of personal current accounts and retail banking services to SMEs
CMA publishes updated issues statement in banking market investigation*
The CMA has today published an updated issues statement as part of its investigation into the supply of personal current accounts and retail banking services to SMEs.
The updated issues statement summarises the (...)
The Chinese NDRC targets price-related illegal conducts in the pharmaceutical sector
NDRC Targets Price-related Illegal Conducts in the Pharmaceutical Sector*
On May 4, 2015, the NDRC published Notice on Reinforcing Supervision over Medical Prices (“Notice”). In the Notice, the NDRC issued a range of specific opinions on the supervision over medical price, including (...)
The Lisbon Appeal Court confirms €2.7 million fine for discriminatory pricing under the national equivalent of Art. 102 TFEU and revolutionizes access to information for third parties (Sport TV)
On 11 March 2015, the Lisbon Appeal Court (LAC) rejected all arguments put forward by the appellant and confirmed the judgment of the Competition, Regulation and Supervision Court (CSRC) of 4 June 2014, which had, in turn, confirmed (with a reduction of the fine, from 3.7 to 2.7 million EUR) (...)
The Brussels Court of Appeal commissions an expert report to determine a dominant position (Belgacom)
On 26 February 2015, the Brussels Court of Appeal rendered an interlocutory judgment ordering experts to assist the Court in determining whether the mobile termination rates (“MTRs”) applied by mobile operator Belgacom from 1999 to 2005 were abusive.
MTRs are fees charged by mobile telephone (...)
The US District Court for the District of Maryland reminds the need for a harmonious and supportable market definition to win an antitrust case (Live Nation)
Federal Court Rings Down The Curtain On Baltimore-D.C. Rock Promoters’ Antitrust Case Against Live Nation*
A long-running antitrust battle of the bands between a Baltimore-D.C. area regional concert promoter and venue operator and the concert colossus Live Nation got the hook in the U.S. (...)
The Swedish Market Court dismisses abuse of dominance action because the relatively scarce market data presented was not sufficient to define the relevant market and establish dominance (Pizza24 Nordic / OnlinePizza Norden)
Online Food For Thought*
The Swedish Market Court’s judgment in Pizza24 / OnlinePizza
A judgment of the Swedish Market Court from February 2015 is an unfortunate missed opportunity to grapple with interesting issues around online intermediary services. The case concerned online services (...)
The Turkish Competition Authority closes its investigation into an electricity distribution and retail company for increasing the switching costs for eligible customers and impeding the opportunities of competitors (Ayedas)
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has closed the investigation it launched into an electricity retail sale company, AYESAS, for unilaterally including most of the eligible customers into its own portfolio without signing an agreement (...)
The Chinese Supreme Court issues the first decision based on the economic analysis under Anti-Monopoly Law (Qihoo / Tencent)
On October 16, 2014, the Chinese Supreme People’s Court (SPC) announced its ruling on the landmark antitrust litigation brought by Qihoo 360 against Tencent. The decision marked the SPC’s first ruling on a matter filed under China’s Anti-Monopoly Law (AML), which came into effect in August (...)
The Chinese Supreme Court elaborates detailed fundamental principles of anti-monopoly law, in particular in the context of abuse of dominance on the internet market, in its first anti-monopoly case (Qihoo / Tencent)
The Supreme Court Goes Online with Anti-Monopoly Law Principles：A Review of Qihoo v.s. Tencent Abuse of Market Dominance Case*
Introduction
On 15 November 2011, Qihoo issued proceedings against Tencent in the Guangdong Higher Court, asserting that Tencent had abused its dominant position, (...)
The French Competition Authority accepts commitments in the market for coffee capsules (Nespresso)
The Autorité de la concurrence has obtained a commitment from Nespresso to lift barriers to entry for other coffee capsule makers – compatible with Nespresso coffee machines – as well as barriers to their growth*
The final commitments made by Nespresso – the first in the world – have been (...)
The Indian Competition Appellate Tribunal upholds that the relevant product market determined in case of abuse of dominance must remain broader than in cases of merger (National Stock Exchange of India)
India – Competition Appellate Tribunal on determination of relevant product market*
In its order passed on 5th August, 2014 the Indian Competition Appellate Tribunal upheld the decision given by the Competition Commission of India (CCI) holding the National Stock Exchange of India Ltd. (NSE) (...)
The Belgian Competition Authority imposes fines on an electricity provider for having abused its dominance in the market of the electricity production, wholesale, and trade (Electrabel)
Press Release published on the official website of the Belgian Competition Authority . Decision of the Competition College of the Belgian Competition Authority holding an infringement of the prohibition of abuse of a dominant position by Electrabel*
The Competition College of the Belgian (...)
Mergers
The New Zealand Competition Authority publishes a statement of preliminary issues which outlines the potential competition issues relating to an acquisition in the market for fishing (Moana / Sanford)
Statement of Issues released for Moana’s proposed acquisition of Sanford’s North Island inshore fishing business.*
The Commerce Commission has published a statement of issues relating to an application from Aotearoa Fisheries Limited (trading as Moana New Zealand) seeking clearance to (...)
The US FTC and DoJ release a draft of the proposed merger guidelines which aims to change the merger enforcement landscape in the US
The Federal Trade Commission and Antitrust Division of the U.S. Department of Justice released a draft of proposed new merger guidelines Wednesday, 18 months after FTC Chair Lina Khan and Assistant Attorney General Jonathan Kanter announced plans to "modernize" the agencies’ approach to merger (...)
The US FTC and DOJ release a draft version of their new Merger Guidelines which significantly impacts the market definition exercise
An Overview of Market Definition in the Draft Merger Guidelines*
The Horizontal Merger Guidelines issued by the US Federal Trade Commission (FTC) and the Antitrust Division of the US Department of Justice (DOJ) have been an important source of guidance on the Agencies’ approach to merger (...)
The US FTC and DoJ issue draft Merger Guidelines and redraw the thresholds for determining whether a merger should be presumed anticompetitive
On July 19, 2023, the US Department of Justice and Federal Trade Commission (collectively, the Agencies) released a draft revision of the US Merger Guidelines (draft 2023 Guidelines). The draft includes 13 guidelines describing how the Agencies propose to assess mergers for anticompetitive (...)
The US FTC and DOJ introduce the new merger guidelines which are designed to modernize the US merger enforcement
The Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) released a draft of proposed new merger guidelines today, 18 months after FTC Chair Lina Khan and Assistant Attorney General Jonathan Kanter announced plans to “modernize” the agencies’ approach to (...)
The Brussels Market Court of Appeal rejects a food retailer’s request to annul the approval of a merger between two rivals (Carrefour / Mestdagh / Intermarché)
On 14 June 2023, the Markets Court of the Brussels Court of Appeal (Marktenhof / Cour des marchés – the Markets Court) dismissed the appeal of retailer Carrefour against the decision of the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence – the (...)
The New Zealand Competition Authority publishes a statement of preliminary issues relating to an acquisition in the market for fishing (Moana / Sanford)
Statement of Preliminary Issues released for Moana’s proposed acquisition of Sanford’s North Island inshore fishing business*
The Commerce Commission has published a statement of preliminary issues relating to an application from Aotearoa Fisheries Limited (trading as Moana New Zealand) (...)
The UK Competition Appeal Tribunal announces the receipt of an application to review the Competition Authority’s decision to prohibit the acquisition of a leading video game publisher (Microsoft / Activision Blizzard)
This article discusses how the CMA has reached a ‘tipping point’ in ‘Big Tech’ merger enforcement, what the Competition Appeals Tribunal could do in Microsoft v Competition and Markets Authority to recentre and refocus the CMA’s work, and why this all matters to digital markets, and beyond. (...)
The EU Commission adopts a package to further simplify its procedures for reviewing concentrations under the EU Merger Regulation
Mergers: Commission further cuts red tape for merging businesses*
The European Commission has today adopted a package to further simplify its procedures for reviewing concentrations under the EU Merger Regulation. The package includes: (i) a revised Merger Implementing Regulation (...)
The EU Commission adopts simplifying, streamlining and optimising EU merger review procedures
On 20 April 2023, the European Commission (hereinafter “EC”) adopted a package to further simplify its procedures for reviewing concentrations under Council Regulation (EC) No 139/2004 (the “EU Merger Regulation”). The package includes: (i) a revised Merger Implementing Regulation (...)
The EU Commission streamlines merger procedures and leaves scope for further reforms
The European Commission ("Commission") has adopted a package of revised legal texts aimed at simplifying the EU merger review process. The package expands the categories of cases that may be eligible for the simplified procedure, and streamlines the review of simplified cases. It also reduces (...)
The EU Commission adopts a legislative package to further streamline the simplified merger control procedures within the bloc
The EU Commission has adopted a legislative package to further streamline the simplified merger control procedures within the European Union
On April 20, 2023, the EU Commission (Commission) adopted and published a package to simplify the procedures for reviewing concentrations under (...)
The EU Commission publishes its merger simplification package that is aimed to relieve the merging businesses from the administrative burden and associated costs in transactions which are unlikely to raise competition concerns
New EC Merger Simplification Package: Less burden, more efficiency?
On April 20, 2023, the European Commission (“Commission” or “EC”) adopted a new legislative package for further simplification of the merger review process under the EU Merger Regulation (the “2023 Simplification Package”). (...)
The EU Commission adopts Merger Simplification Package which is designed to streamline its procedure under the EU Merger Regulation
The European Commission Simplifies Its Merger Control Review Process*
On April 20, 2023, the Commission adopted the 2023 Merger Simplification Package (the “2023 Package”) designed to streamline its procedure under the EU Merger Regulation. In particular, the 2023 Package (1) expands the (...)
The EU Commission publishes a package of measures aimed at simplifying its merger control procedures in order to reduce the workload and costs of mergers
On 20 April 2023 the European Commission published a package of measures aimed at simplifying its merger control procedures under the EU merger Regulation (EUMR). The new measures, which will take effect as of 1 September 2023, aim to streamline and make less burdensome the Commission’s (...)
The Chinese State Administration for Market Regulation imposes remedial measures in a landmark domestic merger transaction in the chemical industry (Wanhua Chemical Group / Yantai Juli Fine Chemical)
The State Administration for Market Regulation’s ("SAMR") remedies decisions in two recent domestic transactions are the first conditional antitrust M&A settlements in the 15-year history of antitrust enforcement under China’s Anti-Monopoly Law ("AML").
For the first time, SAMR has (...)
The German Competition Authority clears the acquisition of some dairy brands and production sites by a rival dairy subject to structural and behavioural remedies (Theo Müller Group / Royal Friesland Campina)
Following commitments Theo Müller Group can acquire parts of the dairy business of Royal Friesland Campina*
Bonn, 22 February 2023: Following intensive investigations, the Bundeskartellamt has today cleared plans by the Theo Müller Group to acquire brands and production sites for a number of (...)
The Finnish Competition Authority identifies competition concerns in a proposed merger in the telecommunications network design, construction and maintenance market, leading to the abandonment of the deal by the parties (Enersense / Voimatel)
Prohibition decisions and withdrawals of deals have traditionally been rare in Finnish merger control, as the Finnish Competition and Consumer Authority (“FCCA”) and merging parties usually find remedial solutions in cases raising competition concerns. However, in 2020 the Market Court (...)
The US FTC and DoJ launch a joint public inquiry aimed at strengthening enforcement against illegal mergers
Federal Trade Commission and Justice Department Seek to Strengthen Enforcement Against Illegal Mergers*
Agencies Launch Joint Public Inquiry Aimed at Modernizing Merger Guidelines to Better Detect and Prevent Anticompetitive Deals
WASHINGTON – Today, the Federal Trade Commission (FTC) and (...)
The Indian Competition Authority unconditionally approves merger between two life insurance companies without finalizing the market definition because the merger would have low market shares in all potential relevant markets (HDFC Life Insurance / Exide Life Insurance)
A notice was filed by HDFC Life Insurance Company Limited (“Acquirer/HDFC Life”) pursuant to the execution of a Share Purchase and Share Swap Agreement, between HDFC Life, Exide Life Insurance Company Limited (“Target/Exide Life”), and Exide Industries Limited (‘Exide Industries’). The (...)
The French Competition Authority conditionally clears the acquisition by a food distributor of 100 stores previously owned by a competitor and for the first time recognizes the existence of a market for organic products (Bio c’ Bon / Carrefour)
Conditionnal green light to the acquisition of 100 Bio c’ Bon stores by Carrefour*
For the first time, the Autorité has recognized the existence of a market for organic products
The Autorité clears the takeover of 100 Bio c’Bon stores by Carrefour, subject to the divestiture of eight (...)
The French Competition Authority unconditionally clears a merger in the social housing sector in Guadeloupe and Martinique (Société Action Logement Immobilier / Région et département Guadeloupe / SEMAG)
By decision dated August 5th 2021 (hereafter, the “Decision”), the French Competition Authority (hereafter the ‘FrCA’) unconditionally cleared the acquisition of joint control by Action Logement Immobilier and two local authorities (i.e., the Région and the Département of Guadeloupe) over (...)
The Indian Competition Authority clears an acquisition transaction between two educational services companies (Think and Learn / Aakash)
The CCI cleared the acquisition by Think & Learn Private Limited (BYJU’S) of sole control over Aakash Educational Services Limited (AESL). This was the first transaction where the CCI assessed overlaps in the education sector (specifically, the online education sector).
In its (...)
A major telecommunications company resolves to unwind a failed acquisition of a mass media and entertainment conglomerate, notwithstanding rulings greenlighting the merger at both District Court and Appeals Court level (AT&T / Time Warner)
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards.
AT&T’s $102 billion acquisition of Time Warner in 2019 will go down in M&A history as an exceptionally illadvised transaction, resulting in the loss of (...)
The UK Competition Authority publishes its revised Merger Assessment Guidelines along with a quick guide complementing the revision of its Guidance on jurisdiction and procedure
In March 2021, the Competition & Markets Authority (CMA) published its revised Merger Assessment Guidelines (MAGs) along with a Quick Guide, complementing the revision of its Guidance on jurisdiction and procedure, which was published in December 2020.
The updated MAGs underpin the CMA’s (...)
The UK Competition Authority publishes the revised Merger Assessment Guidelines
The U.K.’s Competition & Markets Authority (CMA) has released new merger assessment guidelines that confirm the U.K. regulator’s intensified approach to merger control. The guidelines largely codify the CMA’s recent output, which includes record-high numbers of prohibitions and deal (...)
The French Competition Authority unconditionally clears the acquisition of joint control over a vehicle glass repair company and defines new market for at-home repair and maintenance services (Carglass / Mutares / Homeserve)
On 1st March 2021, the French Competition Authority unconditionally cleared the acquisition of joint control over the Carglass Maison group by Mutares and Homeserve and defined a new market.
Background The target, the Carglass Maison Group, offers repair and renovation works to both (...)
The Finnish Competition Authority secures its second merger block in 2020 as a €360 million healthcare deal is abandoned during the Market Court proceeding (Mehiläinen / Pihlajalinna)
An exceptional year in Finnish merger control came to an end on 29 December 2020 when the Finnish Market Court announced its decision concerning the Finnish Competition Authority’s (the FCCA) proposal to prohibit the merger between healthcare firms Mehiläinen and Pihlajalinna. After the oral (...)
The German Competition Authority clears the business-to-consumer side of a Phase II merger of furniture stores, subject to conditions and subject to clearance of the business-to-business side of the merger by the EU Commission (XXXLutz / Tessner group)
Bundeskartellamt clears merger of XXXLutz and the Tessner group (Roller, tejo’s, Schulenburg) only subject to conditions*
Following an in-depth examination the Bundeskartellamt has cleared the planned acquisition by Mann Mobilia Beteiligungs GmbH, based in Würzburg (part of the Austrian (...)
The UK Competition Authority launches consultation on revised merger assessment guidelines
Following its review of a series of global deals in the digital markets space, the U.K.’s Competition & Markets Authority (the CMA) has launched a consultation on revised merger assessment guidelines (the draft guidelines) codifying its evolving practice in the digital sector and (...)
The UK Competition Authority opens consultation on revised merger assessment guidelines
The UK Competition and Markets Authority published for consultation updated guidelines setting out its approach to analysing mergers on 17 November. The guidelines update the current merger assessment guidelines (CC2/OFT1254), which date back to 2010, in order to reflect developments in the (...)
The EU Commission takes note of the General Court’s judgment confirming its decision to prohibit an acquisition in the construction sector in Hungary and Croatia (HeidelbergCement / Schwenk Zement / Cemex)
Mergers: Commission takes note of General Court judgment in HeidelbergCement/Schwenk/Cemex Hungary/Cemex Croatia merger case*
The European Commission takes note of the judgment of the General Court, which confirms the Commission’s decision prohibiting the acquisition by HeidelbergCement and (...)
The UK Competition Authority blocks window covering company’s completed acquisition of a competitor (Hunter Douglas / 247 Home Furnishings)
On 14 September 2020, the UK’s Competition and Markets Authority (“CMA”) ordered the blinds supplier Hunter Doug- las to sell off its majority stake in 247 Home Furnishings, which also sells blinds. The CMA found that the deal, which had already been completed, would substantially lessen (...)
The EU Court of Justice rules that a restriction imposed by Italian law on acquisitions in the broadcasting and audiovisual sectors is contrary to EU Law (Vivendi / Mediaset)
On 3 September 2020, the European Court of Justice ("ECJ") ruled that a restriction imposed by an Italian law on acquisitions in the broadcasting and audiovisual sectors is contrary to the fundamental EU law principle of the freedom of establishment enshrined in Article 49 of the Treaty on the (...)
The EU Court of Justice rules that the provision of Italian law preventing a media company from acquiring 28% of the capital in competitor as a measure of protecting pluralism of information is contrary to EU law (Vivendi / Mediaset)
The provision of Italian law preventing Vivendi from acquiring 28% of the capital in Mediaset is contrary to EU law*
That provision constitutes a prohibited impediment to the right of establishment as it is not appropriate for achieving the objective of protecting pluralism of information. (...)
The EU General Court annuls the Commission’s decision prohibiting an oligopolistic merger between two mobile network operators in the telecommunication sector on the basis that it did not result in the creation or strengthening of a dominant position (Telefónica UK / Hutchison 3G UK)
On 28 May 2020 the General Court handed down its ruling in CK Telecoms UK Investment Ltd v European Commission (Case T-399/16) in which it annulled the EU Commission’s decision which prohibited the proposed acquisition by CK Hutchison Holdings Ltd (Hutchison) of Telefónica Europe plc (O2). The (...)
The EU General Court raises the Commission’s bar for mergers in concentrated markets (Telefónica UK / Hutchison 3G UK)
In a landmark Judgment delivered on May 28, the General Court overturned the European Commission’s 2016 prohibition of the Three/O2 UK mobile telecommunications merger. The Judgment raises the bar for the Commission in respect of (1) the legal standard the Commission must meet; (2) the (...)
The US DoJ moves to vacate its loss in a booking services market acquisition decision on the basis that the competition effects may heighten the agencies’ burden of proof and merger enforcement (Sabre / Farelogix)
On May 12, 2020, the Department of Justice moved the U.S. Court of Appeals for the Third Circuit to vacate the U.S. District Court for the District of Delaware’s U.S. v. Sabre Corp. opinion. In an opinion released on April 7, the court rejected DOJ’s challenge to the proposed merger of Sabre (...)
The French Competition Authority clears merger in the conference organization markets (Europa Group / Comexposium)
The Autorité clears the takeover of the group Europa by Comexposium*
The Autorité de la concurrence has examined the proposed acquisition of full control of the group Europa, which is active in the organisation of conferences and other events sector, by Comexposium.
The parties to the (...)
The Spanish Competition Authority clears merger of travel agencies (Barceló / Globalia)
The CNMC authorises Barceló to purchase Globalia’s travel agency business*
The CNMC has authorised, in the first phase, Barceló to acquire exclusive control of Globalia’s travel agency business. We do not anticipate this operation to have any adverse effects on competition in the markets (...)
The Spanish Competition Authority authorizes the merger of travel agencies (Barceló / Globalia)
On 8 May 2020, the CNMC has authorized in phase 1 the acquisition by Barceló Corporación Empresarial (Barceló) of exclusive control of assets belonging to Globalia Corporación Empresarial (Globalia), essentially, its wholesale and retail travel agency and occasional road passenger (...)
The French Competition Authority clears without commitments a multidisciplinary healthcare group’s takeover of a mental health services group (Sinoué / Orpea)
The Autorité de la concurrence clears, without commitments, the acquisition of sole control of Sinoué group by Orpea group*
On 20 March 2020, the Orpea group notified the Autorité de la concurrence of its plan to acquire sole control of the Sinoué group.
Parties to the transaction
The (...)
The US DoJ challenges a merger that highlights key considerations for antitrust reviews of aerospace and defence industry transactions (United Technologies / Raytheon)
The DOJ Antitrust Division’s recent challenge to the United Technologies/Raytheon merger highlights a few key considerations for antitrust reviews of aerospace and defense industry transactions. The case is a useful illustration of important principles applicable to this unique industry.
IN (...)
The Hungarian Competition Authority reopens a previously approved acquisition between two telecommunication players on the basis that the parties submitted false and misleading data during the notification and approval procedure (Invitel / GVH)
The Hungarian Competition Authority (GVH) finally approved the acquisition of Invitel by DIGI, both significant players on the Hungarian telecoms market. However, with with a complex remedies package as published on 18 March 2020 (Vj/42/2018). As we already reported, the approval of the merger (...)
The French Competition Authority clears a merger in the insurance market (Macif / Aésio)
The Autorité de la concurrence clears the merger of the Macif and Aésio insurance groups*
On 7 February 2020, the Macif and Aésio groups notified the Autorité de la concurrence of their planned merger.
Parties to the transaction
The MACIF group is a French insurance group active mainly (...)
The German Competition Authority clears a merger in the market for manufacturing chocolate and nougat spreads (Krüger Group / Peeters)
Chocolate and nougat spreads – Merger between Krüger Group and Peeters cleared*
Bonn, 2 March 2020: The Bundeskartellamt has cleared the acquisition of the Dutch Peeters group, a manufacturer of chocolate and nougat spreads, by Wilhelm Reuss GmbH, a member of the Krüger Group based in (...)
The EU Commission unconditionally approves a proposed acquisition of joint control in the telecommunications market (Prosegur Alarmas / Telefónica / Prosegur)
Mergers: Commission approves acquisition of joint control over Prosegur Alarmas by Telefónica and Prosegur*
The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of joint control over Prosegur Alarmas by Telefónica and Prosegur. The (...)
The Croatian Competition Authority clears a merger in the pay television transmission services market (Slovenia Broadband / Tele2)
Slovenia Broadband and Tele2 merger approved*
In the assessment procedure of the concentration between the undertakings Slovenia Broadband and Tele2 the CCA took into account all relevant facts, the results of the legal and economic analysis and the effects of the vertical concentration on (...)
The French Competition Authority clears a merger in the newspaper publishing market (Groupe Nice Matin / NJJ)
The Autorité de la concurrence clears the acquisition of Groupe Nice Matin by NJJ, controlled by Xavier Niel*
The Autorité de la concurrence examined the acquisition of sole control of the Nice Matin newspaper group (GNM), which publishes the Nice-Matin, Var-Matin and Monaco-Matin (...)
The Mexican Competition Authority informs that concentration notifications may only be filed electronically
As of January, concentration notifications may only be filed through electronic means*
As of January 24, notification of concentrations that COFECE must review by law, will only be received through the Electronic Procedure System at the Commission’s website.
This measure simplifies the (...)
The Belgian Competition Authority starts a phase II investigation into the acquisition of two companies active in the sector of the production and sales of soft wheat flour (Ceres / Dossche Mills)
At the beginning of the year, the Belgian Competition Authority ("BCA") started a second phase investigation into the acquisition of Ceres NV by Dossche Mills, two companies active in the sector of production and sales of soft wheat flour for human consumption. The main issue concerned the (...)
The French Competition Authority clears a merger in the distribution of frozen food products market (Picard Group / Zouari family/ Lion Capital)
Distribution of frozen food products*
The Autorité de la concurrence clears the joint takeover of Picard Group by the Zouari family and Lion Capital.
The Zouari family, together with Lion Capital investment fund, notified the Autorité de la concurrence of its plan to acquire joint control (...)
The US DoJ and FTC issue draft vertical merger guidelines
Update: On February 3, 2020, the DOJ and FTC announced that the deadline for submitting public comments on the draft vertical merger guidelines has been extended to February 26, 2020. The agencies also announced two public workshops – on March 11 and March 18 – to solicit dialogue on the draft (...)
The US FTC files an administrative complaint challenging consummated acquisition and non-reportable transactions in the body-worn camera market (Safariland / Axon / VieVu)
FTC CHALLENGES AXON’S CONSUMMATED ACQUISITION OF BODY-WORN CAMERA COMPETITOR*
The US antitrust regulators continue to challenge consummated transactions. On January 3, 2020, the FTC filed an administrative complaint against Axon Enterprise, Inc., challenging its consummated acquisition of (...)
The French Competition Authority opens an in-depth investigation into a proposed merger in the petroleum product storage services market (Trapil / Pisto)
The Autorité de la concurrence has begun an in-depth examination into the acquisition of Société des Transports Pétroliers par Pipelines (Trapil) by Pisto SAS*
Acquisition of France’s largest pipeline
On 5 November 2019, Pisto SAS, which is active in the petroleum product storage (...)
The French Competition Authority clears two separate mergers of companies in the same group in the transport sector (Capelle / AltéAd Marchal Levage and Mediaco-Capelle / AltéAd)
The Autorité de la concurrence clears two separate acquisitions but concerning companies belonging to the same group, AltéAd*
These decisions are made following the opening of judicial reorganisation proceedings regarding AltéAd.
On 25 June 2019, Mediaco Levage and Capelle Investissements (...)
The French Competition Authority conditionally clears a merger in the construction industry (Point P Travaux Publics / Frans Bonhomme)
Green light, subject to conditions, to the acquisition of Point P Travaux Publics by Frans Bonhomme*
On 18 October 2019, Frans Bonhomme notified the Autorité de la concurrence of its plan to acquire control of one of its competitors, Distribution de Matériaux pour les Travaux Publics (...)
The German Competition Authority clears a merger in the market of processed meat and sausages products (Reinert / Kemper)
Processed meat and sausage producers Kemper and Reinert can merge*
The Bundeskartellamt has today cleared the merger between the Reinert Group (H. & E. Reinert Holding GmbH & Co. KG) and the Kemper Group (H. Kemper GmbH & Co. KG /P.F.C. Pro Food Company GmbH & Co. KG). The (...)
The EU Commission opens an in-depth investigation into proposed merger between the two leading copper scrap refiners in Europe (Metallo / Aurubis)
Mergers: Commission opens in-depth investigation into proposed acquisition of Metallo by Aurubis*
The European Commission has opened an in-depth investigation to assess the proposed acquisition of Metallo by Aurubis, under the EU Merger Regulation. The Commission is concerned that the (...)
The French Competition Authority decides to not renew remedies previously imposed to clear a merger in the telecommunications sector (SFR / Altice)
Acquisition of SFR by Altice: the Autorité de la concurrence will not renew the commitments and maintains certain injunctions*
Given changes to the markets, the Autorité de la concurrence will not renew the commitments made by Altice upon acquiring SFR.
However, the injunctions with (...)
The Austrian Competition Authority fines two companies for gun-jumping in the motorcycle and sports car manufacturing market (KTM / Kiska )
KTM AG and Kiska GmbH fined for illegal merger*
The Cartel Court, at the Austrian Federal Competition Authority’s request, has imposed a fine of € 60,000 on KTM AG and Kiska GmbH.
The first respondent had held a 26% stake in the second respondent during the period from 7 October 2015 to 29 (...)
The French Competition Authority opens an in-depth investigation relating to a merger in the food retail market (Casino / Leclerc)
Acquisition of a Casino hypermarket located in the Troyes urban area: The Autorité de la concurrence opens an in-depth examination phase*
The Autorité de la concurrence opens an in-depth examination phase for the acquisition of a Casino hypermarket located in the Troyes urban area by (...)
The French Competition Authority clears a merger in the energy efficiency sector (Économie d’Énergie / La Poste)
The Autorité de la concurrence clears the acquisition of Économie d’Énergie by Le Groupe La Poste.*
Le Groupe La Poste notified the Autorité of its plans to take exclusive control of Économie d’Énergie.
This transaction is part of Le Groupe La Poste’s strategy to diversify its activities, (...)
The EU Commission opens an in-depth investigation relating to a proposed joint venture by aircraft manufacturers (Boeing / Embraer)
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 (...)
The EU Commission clears a merger, subject to remedies, in the production of aluminium automotive body sheets market (Novelis / Aleris)
Mergers: Commission clears Novelis’ acquisition of Aleris, subject to conditions*
The European Commission has approved, under the EU Merger Regulation, the acquisition of Aleris by Novelis. The decision is conditional on the divestiture of Aleris’ aluminium automotive body sheets business in (...)
The French Competition Authority clears a merger, subject to pre-acquisition divestitures in the food and non-food wholesale and semi-wholesale sector (Cayenne supermarket / Super NKT)
Acquisition of Cayenne supermarket Super NKT*
The Autorité de la concurrence cleared the acquisition, subject to conditions, of the company NDIS and its subsidiary NG Kon Tia by SAFO (Huyghues-Despointes Group), which will be conditional on a divestiture prior to the acquisition of the (...)
The French Competition Authority clears a merger in the distribution of automotive parts market (TODD group / Alliance Automotive France)
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 (...)
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)
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)
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 (...)
The UK Competition Authority finds that a merger in the sports fashion market raises competition concerns (JD Sports / Footasylum)
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 (...)
The Portuguese Competition Authority clears a merger in the hospital market in applying the failing firm defense (Hospital Particular do Algarve / Hospital São Gonçalo de Lagos)
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 (...)
The French Competition Authority clears a merger in the markets of cosmetics and perfumes (Colgate Palmolive / Laboratoires Filorga Cosmétiques)
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 (...)
The Turkish Competition Authority approves the acquisition of a company active in the FinTech sector (PayU / İyzico)
This case summary concerns an analysis of the Board’s PayU/iyzico decision, in which the Board analysed the parties’ market powers in the financial technology (“ FinTech ”) market by applying different market share calculation methods and established the general principles for the assessment (...)
The US DoJ agrees to refer the product market definition to binding arbitration (Novelis / Aleris Corporation)
For the first time in history, DOJ’s Antitrust Division plans to use binding arbitration to resolve an important element of a merger challenge. As part of its lawsuit to block the proposed acquisition of Aleris Corporation by Novelis Inc., the parties and DOJ agreed to resolve the issue of (...)
The US DoJ submits a market definition question to the binding arbitration (Novelis / Aleris Corporation)
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 (...)
The US DoJ provides details on the use of arbitration to resolve a challenge to a proposed acquisition in the market of the aluminium sheet (Novelis / Aleris Corporation)
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 DoJ agrees to use binding arbitration to resolve merger disputes for a new approach in antitrust enforcements (Novelis / Aleris Corporation)
DOJ AGREEMENT TO USE BINDING ARBITRATION TO RESOLVE MERGER DISPUTE COULD HERALD NEW APPROACH IN ANTITRUST ENFORCEMENT*
Federal antitrust enforcers may be increasingly looking to arbitrators—instead of federal courts—to be the arbiters of competition law if a new approach in enforcement takes (...)
The US DoJ for the first time elects binding arbitration to resolve a merger challenge (Novelis / Aleris Corporation)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards.
On September 4, 2019, the U.S. Department of Justice’s Antitrust Division filed a complaint in the Northern District of Ohio challenging Novelis Inc.’s (...)
The Estonian Competition Authority prohibits a merger between two travel agencies to retain a variety of choices for a minority group of consumers (Estravel Holding / Aktsiaselts Wris)
The Estonian Competition Authority prohibits a merger on grounds of customer choice
The Estonian Competition Authority (Authority) has prohibited a merger between two travel agencies due to worries that the merger would have resulted in the creation of a dominant position. The authority (...)
The French Competition Authority clears a merger subject to remedies in the car publication market (Mondadori / Reworld Media)
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)
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 (...)
The EU Commission clears a merger subject to remedies in the telecommunication market (Vodafone / Liberty Global)
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 (...)
The Croatian Competition Authority clears a merger in the liquified petroleum gas wholesale and retail market (Petrol / Crodux Plin)
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 (...)
The German Competition Authority prohibits a merger in the waste management market (Remondis / DSD)
Bundeskartellamt prohibits Remondis/DSD merger*
Bonn, 11 July 2019: The Bundeskartellamt has today prohibited the proposed acquisition by REMONDIS SE & Co. KG of all the shares in the dual system DSD - Duales System Holding GmbH & Co. KG.
Andreas Mundt, President of the (...)
The Irish Competition Authority clears, subject to a divestment remedy, an acquisition between two companies in the rental and maintenance of flat linen to customers in the healthcare and hospitality sectors (Berendsen / Kings Laundry)
Introduction 1. On 8 July 2019 the Competition and Consumer Protection Commission (CCPC), Ireland’s competition agency, cleared the acquisition by Berendsen Ireland Limited (Berendsen), ultimately controlled by Elis S. A. (Elis), of Kings Laundry Limited (Kings Laundry), subject to a (...)
The EU Commission clears a merger subject to remedies in the air transport of passengers market (Flybe / Connect Airways)
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)
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)
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. (...)
The French Competition Authority clears a merger in the sector of retail distribution of clothing and footwear (The Kooples / Maus Frères)
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 (...)
The Polish Competition Authority conditionally clears merger between two cinema operators (Multikino / Cinema 3D)
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 (...)
The French Competition Authority clears a merger in the metalworking market (Ascoval / British Steel)
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 (...)
The Polish Competition Authority conditionally clears a merger between multiplex cinema operators (Multikino / Cinema 3D)
Background
On 11 July 2018, the President of the Office of Competition and Consumer Protection (the “OCCP”) initiated merger clearance proceedings concerning the acquisition of Cinema 3D S.A. (”3D”) by Multikino S.A. (“Multikino”). Multikino is a cinema operator, which pre-merger ran 32 (...)
The Polish Competition Authority conditionally clears a merger in the fuel retail market (BP Europe / ARGE)
Background
On 29 June 2018, the OCCP initiated the merger proceedings concerning acquisition of ARGE Nieruchomości sp. z o.o. (“ARGE RE”) and ARGE Paliwa sp. z o.o. (“ARGE”)’s assets from BP Europa (“BP”). More specifically, the proposed transaction considered the acquisition of several real (...)
The EU Commission opens an in-depth investigation regarding a merger in the audiovisual sector (Telia / Bonnier Broadcasting)
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)
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)
Bundeskartellamt prohibits acquisition of MBO group by Heidelberger Druckmaschinen AG*
Bonn, 7 May 2019: The Bundeskartellamt has today prohibited the proposed acquisition of all the shares in HB Vermögensverwaltungsgesellschaft mbH & Co. KG by Heidelberger Druckmaschinen AG. HB (...)
The French Competition Authority innovates by analyzing the online and in-store sales of toys as a single market (Luderix International / Jellej Jouets)
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 (JLT / MMC)
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 EU Commission clears a merger subject to remedies in the aerospace equipment industry (Spirit / Asco)
Mergers: Commission approves acquisition of Asco by Spirit, subject to conditions*
The European Commission has approved, under the EU Merger Regulation, the acquisition of Asco by Spirit. Both companies are active in the aerospace equipment industry worldwide. The approval is conditional on (...)
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)
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)
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)
Wine and spirits*
The Autorité de la concurrence clears - subject to conditions - the acquisition of the group Marie Brizard
On 3 January 2019, the Compagnie Financière Européenne de Prises de Participation (“Cofepp”) notified the Autorité de la concurrence its intention to acquire sole (...)
The EU Commission clears a merger subject to remedies in the aquaculture sector (Amerra and Mubadala / Andromeda / Nireus and Selonda)
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 (...)
The EU Commission clears a merger subject to remedies in the flexible packaging for medical use and food products sectors (Amcor / Bemis)
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 in the market of fabrication and marketing of baking aids (Alsa / Dr. Oetker)
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 (...)
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)
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 (...)
The EU Commission clears a merger subject to remedies in the nylon industry (BASF / Solvay)
Mergers: Commission approves BASF’s acquisition of Solvay’s nylon business, subject to conditions*
The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Solvay’s nylon business by BASF. The approval is conditional on the divestiture of a remedy (...)
The German Competition Authority prohibits a merger in the bearing production sector (Miba / Zollern)
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)
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)
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)
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 EU Commission clears a merger in the market of software development (Microsoft / Github)
Mergers: Commission approves acquisition of GitHub by Microsoft*
The European Commission has approved under the EU Merger Regulation the proposed acquisition of GitHub by Microsoft. The Commission concluded that effective competition in the relevant markets would continue and Microsoft would (...)
The UK Competition Authority imposes structural remedies to clear a merger in the market of the supply of managed laundry services (JLA / Washstation)
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 (...)
The Turkish Competition Authority conditionally clears a merger, subject to certain structural commitments, in the design, manufacturing, and distribution of sunglasses and prescription optical glasses (Luxottica / Essilor)
This case summary concerns an analysis of the Turkish Competition Board’s (“Board”) Luxottica/Essilor decision, in which the Board evaluated the transaction concerning the merger of Luxottica Group S.p.A. (“Luxottica”) and Essilor International Compagnie Générale d’Optique S.A. (“Essilor”). (...)
The Irish Competition Authority clears a merger subject to remedies in the media sector (Reach / Northern / Shell Network)
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 (...)
The EU Commission clears a merger in the market of music recognition for smartphones, tablets and PCs (Apple / Shazam)
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)
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, (...)
The French Competition Authority clears a merger subject to remedies in the food retail distribution sector (Bernard Hayot / Géant Casino)
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 (...)
The Italian Competition Authority unconditionally approves the creation of a cooperative banking group (Cassa Centrale Bancaria)
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)
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)
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 (...)
The EU Commission opens an in-depth investigation to assess a merger in the hardware security modules market (Gemalto / Thales)
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)
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 in the telecommunications services market (Austria / T-Mobile)
Mergers: Commission approves acquisition of UPC Austria by T-Mobile Austria*
The European Commission has approved unconditionally under the EU Merger Regulation the proposed acquisition of UPC Austria by T-Mobile Austria. The Commission concluded that the transaction would raise no (...)
The EU Commission clears a merger, subject to remedies, in the titanium dioxide pigment market (Tronox / Cristal)
Mergers: Commission approves Tronox’s acquisition of Cristal, subject to conditions*
The European Commission has approved under the EU Merger Regulation the acquisition of Cristal by Tronox, both major suppliers of titanium dioxide pigment. The approval is conditional on full compliance with (...)
The EU Commission clears a merger subject to remedies in the manufacturing of pool equipment products market (Zodiac / Fluidra)
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 (...)
The EU Commission opens an in-depth investigation concerning a merger in the nylon production market (BASF / Solvay)
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 (...)
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)
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, (...)
The OECD holds a roundtable on market concentration
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 (...)
The Turkish Competition Authority clears a merger between retailers in the bookselling industry (Turkuvaz / D&R)
This case note analyses the Turkish Competition Board’s (“ Board ”) decision of May 29th, 2018 numbered 18-16/293-146 in which the Board assessed the acquisition of Doğan Müzik Kitap Mağazacılık Pazarlama AŞ (“ D&R ” or “ Target ”) and its two subsidiaries, namely, Hür Servis Sosyal (...)
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)
RETAIL OF DOMESTIC ELECTRICAL GOODS IN THE FRENCH OVERSEAS DEPARTMENTS*
The autorité de la concurrence clears the acquisition of the Dimeco society (connection , Circuit Ménager) bu the Cafom Group (But and Darty)
Parties to the transaction
On 18 April 2018, the Cafom group notified the (...)
The EU Commission clears a merger subject to remedies on the European steel market (ArcelorMittal / Ilva)
MERGERS: COMMISSION CLEARS ARCELORMITTAL’S ACQUISITION OF ILVA, SUBJECT TO CONDITIONS*
The European Commission has approved under the EU Merger Regulation the acquisition of Ilva by ArcelorMittal. The decision is conditional on the divestiture of an extensive remedy package to preserve (...)
The EU Commission clears a merger subject to remedies in the aerospace sector (UTC / Rockwell Collins)
MERGERS: COMMISSION APPROVES ACQUISITION OF ROCKWELL COLLINS BY UTC, SUBJECT TO CONDITIONS*
The European Commission has approved, under the EU Merger Regulation, the acquisition of Rockwell Collins by United Technologies Corporation (UTC) in the aerospace sector. The decision is conditional (...)
The Irish Competition Authority obtains remedies in order to clear a merger in the wholesale and retail market (4 Aces / BWG)
CCPC COMMITMENTS FROM BWG TO SECURE APPROVAL FOR PROPOSED ACQUISITION OF 4 ACES WHOLESALE*
Following an extensive investigation, the Competition and Consumer Protection Commission (CCPC) has today cleared the proposed acquisition of 4 Aces Wholesale Limited (“4 Aces”) by BWG Foods Unlimited (...)
The EU Commission clears a merger subject to remedies in the steel wheels manufacturing market (Mefro Wheels / Accuride)
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 (...)
The EU Commission clears a merger subject to remedies on the seeds, pesticides, and digital agriculture market (Bayer’s Crop Science / BASF)
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 French Competition Authority clears a merger on the online advertising market (Aufeminin / TF1)
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 Romanian Competition Authority clears a merger subject to remedies in the pharmaceutical sector (A&D Pharma / Glebi)
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 EU Commission opens an in-depth investigation concerning a merger in the market of music recognition for smartphones, tablets and PCs (Apple / Shazam)
MERGERS: COMMISSIONS OPEN IN-DEPTH INVESTIGATION INTO APPLE’S PROPOSED ACQUISITION OF SHAZAM*
The European Commission has opened an in-depth investigation to assess the proposed acquisition of Shazam by Apple under the EU Merger Regulation. The Commission is concerned that the merger could (...)
The French Competition Authority clears two separate mergers in the footwear distribution market (Monoprix / Sarenza ; Spartoo / André)
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 (...)
The Belgian Competition Authority clears the acquisition of a Belgian football club by an investment company (Royal Sporting Club Anderlecht / Alychlo)
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 FTC challenges a merger due to the potential negative effects it caused in the market of marine water treatment for chemicals (Drew Marine Group / Wilhelmsen Maritime Services)
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)
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 (...)
The EU Commission clears the merger of semiconductor companies subject to interoperability and quasi-structural remedies designed to address conglomerate concerns (Qualcomm / NXP)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards.
On 26 July 2018, US company Qualcomm Inc announced the abandonment of its proposed acquisition, through its subsidiary Qualcomm River Holding BV (Qualcomm), of (...)
The US FTC challenges a merger in what it defines as markets for the retail sale of gasoline and the retail sale of diesel and requires divestitures in 10 local geographic markets (Alimentation Couche-Tard / Holiday)
THE LATEST: FTC CHALLENGES RETAIL FUEL STATION AND CONVENIENCE STORE TRANSACTION— REQUIRES TEN LOCALIZED DIVESTITURES IN WISCONSIN AND MINNESOTA*
WHAT HAPPENED: Alimentation Couche-Tard Inc. (ACT) and its subsidiaries (including Circle K Stores, Inc.) are engaged in the retail sale of (...)
The EU Commission clears a merger in the market for passenger air travel (easyJet / Air Berlin)
MERGERS: COMMISSION APPROVES PROPOSED ACQUISITION OF PARTS OF AIR BERLIN BY EASYJET*
The European Commission has approved unconditionally under the EU Merger Regulation the proposed acquisition of certain assets of Air Berlin by easyJet. The Commission concluded that the transaction would (...)
The UK Competition Authority clears a merger subject to remedies in the cinema sector (Odeon / Vue)
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 (...)
The Finnish Competition Authority clears a merger subject to remedies in the hotel accommodation market (Scandic / Restel)
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 (...)
The Turkish Competition Authority prohibits a merger in the shipping market despite remedies offered by the merging parties (UN Ro-Ro / Ulusoy)
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 (...)
The Spanish Supreme Court dismisses an appeal over a gun jumping decision and rules that the acquisition should have been notified for merger control (Orange / Simyo)
On 23 July 2013, the NMCC found France Telecom España, S.A.U. (Orange) guilty for having failed to notify for merger control the acquisition of the exclusive control of KPN Spain, S.L.U. (SIMYO).
Spanish law states that concentrations that meet either one of the (turnover and market share) (...)
The EU Commission refers back to the French Competition Authority a merger in the waste management sector (La Poste / Suez groups)
WASTE MANAGEMENT SECTOR*
The European Commission has referred the review of the creation of a joint venture between the La Poste and Suez groups, in the waste management sector
The European Commission referred the review of the creation of a joint venture between the La Poste and Suez (...)
The EU Commission opens an in-depth investigation in the agrochemicals market (Bayer / Monsanto)
MERGERS: COMMISSION OPENS IN-DEPTH INVESTIGATION INTO PROPOSED ACQUISITION OF MONSANTO BY BAYER*
The Commission has opened an in-depth investigation to assess the proposed acquisition of Monsanto by Bayer under the EU Merger Regulation. The Commission has concerns that the merger may reduce (...)
The EU Commission clears a merger subject to remedies in the chemicals market (Huber Silica / Evonik)
MERGERS: COMMISSION APPROVES ACQUISITION OF HUBER SILICA BY EVONIK, SUBJECT TO CONDITIONS*
The European Commission has approved under the EU Merger Regulation Evonik’s acquisition of Huber Silica. The decision is conditional on the divestment of some of both companies’ activities related to (...)
The US FTC sues to block the proposed physician acquisition group by a health system due to the possibility to create very high market shares (Sanford Health / Mid-Dakota Clinic)
With its latest lawsuit to block an acquisition of physicians, the Federal Trade Commission (FTC) confirmed last week that monitoring physician consolidation is a priority. The FTC and North Dakota Attorney General sued to block the proposed acquisition by a health system (Sanford Health) of (...)
The Belgian Competition Authority clears a merger subject to remedies in the telecommunication market (Coditel / Telenet)
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 (...)
The EU Commission clears a merger subject to remedies on the markets for debt collection and debt purchasing (Intrum Justitia / Nordic Capital)
MERGERS: COMMISSION APPROVES ACQUISITION OF INTRUM JUSTITIA BY NORDIC CAPITAL, SUBJECT TO CONDITIONS*
The European Commission has approved under the EU Merger Regulation the acquisition of Intrum Justitia by Nordic Capital. The decision is conditional on the divestment of the companies’ (...)
The EU Commission clears the acquisition of a pharmaceutical company by a global conglomerate subject to a commitment that clinical development of innovative insomnia drugs will not be adversely affected by the merger (Johnson & Johnson / Actelion)
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 (...)
The EU Commission clears a merger subject to remedies in the pharmaceutical market (Johnson & Johnson / Actelion)
MERGERS: COMMISSION APPROVES ACQUISITION OF ACTELION BY JOHNSON & JOHNSON, SUBJECT TO CONDITIONS*
The European Commission has approved under the EU Merger Regulation the proposed acquisition of Actelion Pharmaceuticals by Johnson & Johnson. The decision is subject to conditions (...)
The EU Commission clears a merger subject to remedies in the telecommunication market (Telecom Italia / Vivendi)
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. (...)
The EU Commission clears a merger, subject to remedies, in the chemicals market (Reichhold / Polynt)
MERGERS: COMMISSION APPROVES MERGER BETWEEN CHEMICAL PRODUCERS REICHHOLD AND POLYNT, SUBJECT TO CONDITIONS*
The European Commission has approved under the EU Merger Regulation the merger between chemical producers Reichhold (US) and Polynt (Italy). Both produce unsaturated polyester resins, (...)
The EU Commission clears a merger, subject to remedies, in the market of semiconductor devices (Brocade / Broadcom)
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 aircraft engine market (ITP / Rolls-Royce)
MERGERS: COMMISSION CLEARS ACQUISITION OF SOLE CONTROL OF ITP BY ROLLS-ROYCE, SUBJECT TO CONDITIONS*
The European Commission has cleared under the EU Merger Regulation the proposed acquisition of aircraft engine components maker ITP (Spain) by aircraft engine maker Rolls-Royce (UK). The (...)
The EU Commission clears a merger subject to remedies in the identity and security solutions market (Morpho / Advent International)
MERGERS: COMMISSION CLEARS ACQUISITION OF SMART CARD MAKER MORPHO BY ADVENT INTERNATIONAL, SUBJECT TO CONDITIONS*
The European Commission has cleared under the EU Merger Regulation the proposed acquisition of identity and security solutions provider Morpho, based in France, by Advent (...)
The UK Competition Authority clears a merger subject to remedies in the market of payment systems (MasterCard / VocaLink)
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 EU Commission clears a merger subject to remedies in the container shipping services market (Hamburg Süd / Maersk Line)
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 approves the acquisition of a leading global R&D crop protection company by a leading global generic crop protection company, subject to remedies (ChemChina / Syngenta)
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 clears a merger subject to remedies on the pesticides and plant growth regulators market (ChemChina / Syngenta)
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 (...)
The EU Commission prohibits a merger in the financial markets (Deutsche Börse / London Stock Exchange)
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 (...)
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)
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 (...)
The EU Commission clears a merger subject to remedies on the market of pesticides (Dow / DuPont)
MERGERS: COMMISSION CLEARS MERGER BETWEEN DOW AND DUPONT, SUBJECT TO CONDITIONS*
The European Commission has approved under the EU Merger Regulation the proposed merger between US-based chemical companies Dow and DuPont. The approval is conditional in particular on the divestiture of major (...)
The EU Commission clears a merger in the energy sector (LM Wind Power / General Electric)
MERGERS: COMMISSION CLEARS ACQUISITION OF LM WIND POWER HOLDING BY GENERAL ELECTRIC COMPANY*
The European Commission has approved unconditionally under the EU Merger Regulation the acquisition of LM Wind Power of Denmark, by General Electric Company of the US. The Commission concluded that (...)
The German Competition Authority clears a merger in the sanitary wholesale market (Wilhelm Gienger / Cordes & Graefe)
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 (...)
The EU Commission clears a merger in the energy sector (Gamesa / Siemens)
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 EU Commission refers the review of a merger concerning two private hospital groups back to the French Competition Authority (Médipôle-Partenaires / Elsan)
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 (...)
The German Competition Authority clears a wet-lease agreement concerning aircrafts in accordance with German merger rules (Lufthansa / Air Berlin)
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 (...)
The EU Commission clears a merger subject to remedies in the pharmaceutical sector (Abbott / Alere)
MERGERS: COMMISSION APPROVES ACQUISITION OF ALERE BY ABBOTT LABORATORIES, SUBJECT TO CONDITIONS*
The European Commission has approved under the EU Merger Regulation the acquisition of Alere by Abbott, both suppliers of clinical test systems. The decision is conditional on the divestment of (...)
The EU Commission clears a merger in the voltage cable business and power cable accessories business markets (ABB’s / NKT)
MERGERS: COMMISSION CLEARS ACQUISITION OF ABB’S HIGH VOLTAGE CABLE AND CABLE ACCESSORIES BUSINESSES*
The European Commission has cleared unconditionally under the EU Merger Regulation the proposed acquisition of ABB’s high voltage cable business and power cable accessories business by NKT. (...)
The EU Commission clears a merger subject to remedies in the threat detection equipment business market (Smiths / Morpho Detection)
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 an acquisition between two leading global manufacturers of threat detection equipment subject to remedies (Smiths / Morpho Detection)
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 (...)
The Spanish Competition Authority clears a merger subject to remedies in the healthcare sector (Fresenius Helios / Quironsalud)
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 Irish Competition Authority clears a merger subject to two behavioral remedies in the private technologically advanced hospitals market (Bon Secours / Barringtons)
Introduction 1. On 21 December 2016 the Competition and Consumer Protection Commission (CCPC), Ireland’s competition agency, cleared, after an extended Phase I, the acquisition whereby Bon Secours Health System Company Limited by Guarantee (Bon Secours) would acquire sole control of (...)
The Polish Competition Authority clears a merger, subject to remedies, in the wholesale and retail sale of everyday consumer goods market (Dystrybucja Alkoholi / Eurocash)
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 EU Commission clears a merger, subject to remedies, in the market of dairy products (WhiteWave / Danone)
MERGERS: COMMISSION APPROVES ACQUISITION OF WHITEWAVE BY DANONE, SUBJECT TO CONDITIONS*
The European Commission has cleared under the EU Merger Regulation the proposed acquisition of WhiteWave, a US-based manufacturer of packaged foods and beverages, by the French Danone group. The clearance (...)
The Polish Competition Authority gives conditional consent to a merger of undertakings operating on the market for wholesale and retail sale of alcoholic beverages (Eurocash / Polska Dystrybucja Alkoholi)
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 (...)
The Dutch Competition Authority clears a merger in the telecommunication market (Vodafone Thuis / T-Mobile)
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 (...)
The EU Commission conditionally clears a merger in the professional social network market (Microsoft / LinkedIn)
European Commission Approves Microsoft Acquisition of LinkedIn Subject to Conditions*
On 6 December 2016, the European Commission cleared the acquisition of LinkedIn by Microsoft, subject to Microsoft granting LinkedIn’s competitors access to certain LinkedIn tools.
“Big Data” concerns (...)
The EU Commission clears a merger subject to remedies on the professional social networks market (Microsoft / LinkedIn)
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, in the container liner shipping market (Hapag-Lloyd / UASC)
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)
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 EU Commission clears a merger subject to remedies in the animal health market (Boehringer Ingelheim / Sanofi)
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 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)
THE COMPETITION COLLEGES 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 French Competition Authority fines a multinational telecom company €80M for the premature completion of two mergers (Altice & SFR / OTL)
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 (...)
The French Competition Authority clears a merger, subject to remedies, in the slaughtering and meat processing market (Sicavyl / Sicarev)
THE AUTORITÉ DE LA CONCURRENCE CLEARS THE MERGER BETWEEN SICAVYM 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 US Court of Appeals for the Seventh Circuit overturns a district court decision which denies a motion by the FTC to enjoin the proposed merger in a hospital merger case (FTC / Advocate Health Network)
On October 31, 2016, the US Court of Appeals for the Seventh Circuit handed another important victory to the Federal Trade Commission (FTC) and the State of Illinois in a hospital merger case in Chicago, Illinois. This decision follows closely on the heels of the FTC’s victory earlier this (...)
The UK Competition Authority accepts merger remedies proposed by petrol and diesel retailers (Dover / Wayne)
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 (...)
The Turkish Competition Authority grants unconditional approval to a merger between a producer and a distributor of paper (International Paper Company / Weyerhaeuser)
This case note analyses the Turkish Competition Board’s (“ Board ”) International Paper Company / Weyerhaeuser decision of 23 September 2016 numbered 16-31/519-233 on the transaction concerning the acquisition of Weyerhaeuser Company’s paper pulp business unit (“ WHPP ”) through the transfer (...)
The EU Commission clears a merger in the energy market (Vattenfall / EPH / PPF Investments)
MERGERS: COMMISSION CLEARS ACQUISITION OF VATTENFALL EUROPE GENERATION AND VATTENFALL EUROPE MINING BY EPH AND PPF INVESTMENTS*
The European Commission has cleared the proposed acquisition of Vattenfall Europe Generation and Vattenfall Europe Mining by Energetický a Průmyslový Holding (EPH) (...)
The EU Commission opens an in-depth investigation regarding a merger in the market of railway equipment manufacturing (Wabtec / Faiveley)
MERGERS: COMMISSION OPENS IN-DEPTH INVESTIGATION INTO WABTEC’S PROPOSED TAKEOVER OF RAILWAT EQUIPMENT MANUFACTURER FAIVELEY*
The European Commission has opened an in-depth investigation to assess whether the proposed acquisition of Faiveley Transport of France by Westinghouse Air Brake (...)
The UK Competition Authority accepts merger remedies proposed by a leading global interdealer broker (Tullett Prebon)
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 (...)
The French Competition Authority clears a merger subject to remedies in the airports market (Aéroports de Lyon / Vinci Airports)
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 (...)
The UK Competition Authority opens an in-depth investigation concerning a merger in the market of supply of ATMs (Diebold / Wincor)
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 (...)
The UK Competition Authority opens an in-depth investigation concerning a merger between two toy suppliers (VTech / LeapFrog)
MERGER OF TOY SUPPLIERS COULD FACE IN-DEPTH INVESTIGATION*
VTech could face an in-depth merger investigation over competition concerns arising from its completed merger with LeapFrog.
VTech Holdings Ltd (VTech) and LeapFrog Enterprises Inc (LeapFrog) are 2 of the 3 largest suppliers of (...)
The EU Commission clears a merger, subject to remedies, in the lifting equipment market (Konecranes / Terex)
MERGERS: COMMISSION APPROVES KONECRANES’ ACQUISITION OF TEREX’S CRANE AND CONTAINER HANDLING BUSINESS, SUBJET TO CONDITIONS*
The European Commission has cleared under the EU Merger Regulation the acquisition by Konecranes of Terex’s crane and container handling business, MHPS. The decision (...)
The EU Commission clears a merger subject to remedies in the pharmaceutical sector (Boehringer Ingelheim / Sanofi)
MERGERS: COMMISSION CLEARS ACQUISITION OF BOEHRINGER INGELHEIM’S CONSUMER HEALTH BUSINESS BY SANOFI, SUBJEC TO CONDITIONS*
The European Commission has approved under the EU Merger Regulation the proposed acquisition of the consumer health business of Germany’s Boehringer Ingelheim by Sanofi (...)
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)
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 conditionally clears the creation of a joint venture between two mobile telecom operators (Vodafone / Liberty Global)
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 EU Commission clears a merger, subject to remedies, in the telecommunication market and rejects a referral request issued by the Dutch competition authority (Vodafone / Liberty Global)
MERGERS: COMMISSION CLEARS VODAFONE/LIBERTY GLOBAL TELECOMS JOINT VENTURE, SUBJECT TO CONDITION; REJECTS REFERRAL REQUEST BY DUTCH COMPETITION AUTHORITY *
The European Commission has cleared under the EU Merger Regulation the proposed creation of a joint venture in the Netherlands by mobile (...)
The German Competition Authority informs the public that manufacturers of glass fibre nonwovens has withdrawn their merger notification (Ahlstrom / Owens Corning)
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 (...)
The French Competition Authority agrees on interim proceedings concerning the execution of an undertaking’s commitments in the home appliances and consumer electronics sector (Fnac / Darty)
Background of the case
On 27 July 2016, after an in-depth investigation (phase II review), the French Competition Authority (“FCA”) cleared the acquisition of Darty Plc (“Darty”), a retailer of home appliances and consumer electronics, by Fnac SA (“Fnac”), a distributor of cultural goods, (...)
The German Competition Authority issues its preliminary assessment concerning a merger in the food retail market (Rewe / Coop)
BUNDESKARTELLAMT ISSUES PRELIMINARY ASSESSMENT OF THE PLANNED REWE/COOP MERGER*
In response to enquiries the Bundeskartellamt confirms that on 25.07.2016 it sent the parties concerned in the Rewe/Coop merger control proceedings its draft decision in the matter. In addition to the parties to (...)
The EU Commission clears a merger, subject to remedies, in the markets for satellites and launch services (Arianespace / ASL)
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 (...)
The French Competition Authority holds that the relevant market for retail distribution of electronic products comprises both physical and online stores (Fnac / Darty)
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 (...)
The French Competition Authority clears a merger, subject to remedies, in the market of retail of cultural and electronic products (Fnac / Darty)
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 EU Commission clears a merger subject to remedies in the market for the production and supply of plastic bumpers (Plastic Omnium / Faurecia)
MERGERS: COMMISSION CLEARS ACQUISITON OF AN AUTOMOTIVE COMPONENT BUSINESS OF FAURECIA BY PLASTIC OMNIUM, SUBJECT TO CONDITIONS*
The Commission has cleared under the EU Merger Regulation the proposed acquisition of the automotive plastic exterior component business of Faurecia by Compagnie (...)
The EU Commission clears acquisition between two automotive component manufacturers in the markets for plastic front bumpers, rear bumpers, and front end modules, subject to conditions (Plastic Omnium / Faurecia)
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)
GEOGRAPHIC MARKET DEFINITION TRIPS UP FTC AS FEDERAL COURT REJECTS CHALLENGE TO ADVOCATE-NOTHSHORE HOSPITAL MERGER*
The loss of the Federal Trade Commission (“FTC”) in a hospital merger case in the U. S. District Court for the Northern District of Illinois last week highlights just how (...)
The UK Competition Authority accepts merger remedies proposed by a company specialized in record management services (Iron Mountain / Recall)
CMA ACCEPTES RECORDS MANAGEMENT UNDERTAKINGS*
The CMA has accepted undertakings from Iron Mountain Inc to sell C21 Data Services in Aberdeen and Dundee to an approved buyer.
Iron Mountain and Recall both provide records management services, which comprise the storage and retrieval of paper (...)
The EU Commission clears a merger in the food distributor sector (Sysco / Brakes)
MERGERS: COMISSION APPROVES SYSCO’S ACQUISITION OF BRAKES*
The European Commission has cleared under the EU Merger Regulation the proposed acquisition of Brakes, the largest UK food distributor, by Sysco, the largest US food distributor. The Commission found that the takeover would not (...)
The German Competition Authority launches a sectoral inquiry into hospitals to examine and analyze competitive conditions in the sector
SECTOR INQUIRY INTO HOSPITALS*
The Bundeskartellamt has launched a sector inquiry into the hospital service to examine and analyse competitive conditions in the sector. In the light of increasing consolidation the authority frequently has to deal with planned mergers between different (...)
The EU Commission clears a merger subject to remedies in the market of building materials (HeidelbergCement / Italcementi)
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 EU Commission conditionally clears a merger in the beer sector (AB InBev / SABMiller)
MERGERS: COMMISSION APPROVES AB INBEV’S ACQUISITION OF SABMILLER, SUBJECT TO CONDITIONS*
The European Commission has cleared under the EU Merger Regulation the proposed acquisition of SABMiller, the world’s second largest brewer, by AB InBev, the world’s largest brewer. The clearance is (...)
The German Competition Authority clears a merger between producers of equipment for semiconductor manufacture (KLA-Tencor Corporation / Milpitas / Lam Research Corporation / Fremont)
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)
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)
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)
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 (...)
The Dutch Competition Authority clears a merger between two rivals in the pharmaceutical sector (DA group / Holland Pharma)
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, (...)
The German Competition Authority approves a merger between two central banks in the cooperative banking sector (DZ Bank / WGZ Bank)
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)
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)
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)
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 EU Commission clears a merger, subject to remedies, in the pharmaceutical market (Teva / Allergan Generics)
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)
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 (...)
The EU Commission opens an in-depth investigation concerning a merger in the satellite and launch service markets (Arianespace / Airbus Safran Launchers)
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 (...)
The EU Commission clears a merger, subject to remedies, in the market of consumable dental products for professional dental (Dentsply / Sirona)
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 UK Competition Authority accepts a remedy concerning a merger in the serviced office space market (Regus / Avanta)
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 (...)
The French Competition Authority clears a merger in the market of production of programmes broadcast on television (Newen / TF1 / FIFL)
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 in the advertising sector (Metrobus / JCDecaux)
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 (...)
The EU Commission clears a merger in the market of airline computer reservations systems (Amadeus / Navitaire)
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 in the market of beverage can manufacturing (Ball / Rexam)
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 (...)
The EU Commission opens an in-depth investigation concerning a merger in the market of oilfield service (Halliburton / Baker Hughes)
MERGERS: COMMISSION OPENS IN-DEPTH INVESTIGATION INTO ACQUISITION OF OILED 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 clears a merger in the market of delivery services (TNT / FedEx)
MERGERS: COMMISSION APPROVES ACQUISITION OF SMAL PACKAGE DELIVERY SERVICES PROVIDER TNT EXPRESS BY FEDEX*
The European Commission has approved under the EU Merger Regulation the proposed acquisition of TNT Express by FedEx Corporation. Both companies offer world-wide small package delivery (...)
The EU Commission unconditionally clears acquisition between two out of four integrators in the European small package delivery services market (FedEx / TNT)
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
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 EU Commission clears a merger subject to remedies in the market of heating products (Elster / Honeywell)
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 (...)
The EU Commission clears a merger in the market of commodity traders (Nyrstar / Trafigura)
MERGERS: COMMISSION CLEARS TRAFIGURA’S ACQUISITION OF DE FACTO SOLE CONTROL OF NYRSTAR*
The European Commission has approved under the EU Merger Regulation the acquisition of sole control of Nyrstar of Belgium by Trafigura of the Netherlands.
Trafigura is one of the world’s leading (...)
The French Competition Authority clears merger of 2 fast food restaurant chains, subject to divestitures in a local market (Quick / Burger King France)
The operation notified to the French Competition Authority (FCA) consists in the acquisition of the firm Quick by the firm Burger King France. Burger King and Quick are two fast-food restaurant chains selling hamburgers. The purpose of the operation is to turn 300 Quick restaurants located in (...)
The US FTC challenges office supplies merger, focusing exclusively on the business-to-business market (Staples / Office Depot)
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 (...)