Merger Remedies

Mergers

The EU Commission clears a merger subject to remedies in the pharmaceutical sector (AbbVie / Allergan)
DG COMP (Brussels)
Mergers: Commission approves AbbVie’s acquisition of Allergan, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Allergan by AbbVie. The approval is conditional on the divestment of a product under development by Allergan to (...)

The EU Commission conditionally clears a merger in the pharmaceutical sector (AbbVie / Allergan) New
Van Bael & Bellis (Brussels)
On 10 January 2020, the European Commission approved AbbVie’s acquisition of its rival Allergan, subject to the divestment of one of Allergan’s pipeline inflammatory bowel disease (IBD) drugs. Both companies are global pharmaceutical producers with innovative product portfolios covering, among (...)

The German Competition Authority conducts parallel investigation into potential for cartelization and merger review proceedings resulting in a conditional approval of the joint venture (Telekom / EWE) New
Van Bael & Bellis (Brussels)
Telekom and EWE, two of Germany’s largest telecommunications companies, sought to form a joint venture (JV) to expand the fire-optic broadband network in north-western Germany. On 21 March 2019, the German Federal Cartel Office (FCO) launched two sets of parallel proceedings: an investigation (...)

The Dutch Competition Authority confirms the commitment to dissolve the joint venture by two port towing undertakings (Port Towage Amsterdam) New
Bird & Bird (The Hague)
,
Bird & Bird (The Hague)
,
Bird & Bird (The Hague)
PORT TOWING JOINT VENTURE DISSOLVED AFTER INVESTIGATION BY THE DUTCH COMPETITION AUTHORITY: FULL-FUNCTIONALITY QUESTIONED* Background On 20 December 2019, the Dutch Authority for Consumers & Markets (ACM) published a decision in which the commitment to dissolve the joint venture Port (...)

The Canadian Commissioner of Competition files an application with the Competition Tribunal challenging the acquisition by an undertaking of a primary grain elevator (P&H / Virden Elevator / Louis Dreyfus)
Davies Ward Phillips & Vineberg (Toronto)
HE KNOWS WHEN YOU’VE BEEN NAUGHTY: CANADA’S COMPETITION COMMISSIONER DELIVERS LUMPS OF COAL TO MERGING PARTIES* In his own version of the pre-holiday rush, the Canadian Commissioner of Competition challenged one merger transaction just before the Christmas holidays and entered into a consent (...)

The EU Commission clears a merger subject to remedies in the biotechnologies market (Danaher / GE Healthcare Life Sciences’ Biopharma Business)
DG COMP (Brussels)
Mergers: Commission approves Danaher’s acquisition of GE Healthcare Life Sciences’ Biopharma Business, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of General Electric’s Healthcare Life Sciences Biopharma Business by Danaher (...)

The French Competition Authority clears a merger subject to remedies in the hearing aids sector (Audilab / Demant)
French Competition Authority (Paris)
Sale of hearing aids: the Autorité de la concurrence clears the acquisition of Audilab by the Demant group, subject to conditions.* Background After an in-depth examination of the hearing aids sector in its 2016 sector-wide inquiry and having made several recommendations aiming to ensure its (...)

The Brazilian Competition Authority’s Tribunal discusses the possibility of increasing the legal limits for fines in gun jumping cases (IBM / Red Hat) New
Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
IBM Red Hat case triggers discussion on gun jumping fine* CADE’s Tribunal debates changing the limits for fines, which would be currently outdated for high-value transactions. In the context of an Administrative Proceeding to Investigate a Merger (APAC, in its Portuguese acronym), CADE’s (...)

The EU Commission clears a merger, subject to remedies, in the markets for batteries and portable battery chargers (Varta / Energizer)
DG COMP (Brussels)
Mergers: Commission approves Varta AG’s acquisition of Energizer’s divestment business, subject to conditions* The European Commission has approved, under the EU Merger Regulation, Varta AG as a suitable purchaser of assets divested by Energizer in order to acquire Spectrum Brands’ batteries and (...)

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

The Italian Competition Authority clears a merger subject to remedies in the natural gas distribution market (AcegasApsAmga / Ascopiave)
Italian Competition Authority (Rome)
Antitrust: The acquisition of control of the business units of AcegasApsAmga S.p.A. by Ascopiave S.p.A. authorized with conditions* On 19 November 2019, the Italian Antitrust Authority authorized, with remedies, the acquisition of control of the business units of AcegasApsAmga S.p.A. by (...)

The Italian Competition Authority conditionally clears a merger in the market for distribution of natural gas (Rami Distribuzioni) New
Desogus Law Office (Cagliari)
With a II-Phase conditional clearance decision, the Italian Competition Authority (ICA) has closed the review of the merger notified in the Rami Distribuzioni case. The ICA had concerns that the merger might negatively affect competition in the market for the distribution of natural gas. (...)

The EU Commission clears a merger subject to remedies in the market of telecommunications and TV broadcasting (Telia / Bonnier Broadcasting)
DG COMP (Brussels)
Mergers: Commission clears Telia’s acquisition of Bonnier Broadcasting, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Bonnier Broadcasting by Telia. The approval is conditional on full compliance with a commitments (...)

The EU Commission clears subject to behavioural commitments a merger in the telecommunications sector (Telia / Bonnier Broadcasting)
Van Bael & Bellis (Brussels)
On 12 November 2019, the European Commission (“Commission”) conditionally cleared Telia Company’s acquisition of Bonnier Broadcasting Company after a Phase II investigation. Telia is a Swedish telecommunications company that provides fixed and mobile telecommunications, broadband and television (...)

The French State Council upholds the decision of the French Competition Authority regarding the fine handed down to a merged company for non-compliance with its remedies (Darty / Fnac)
French Competition Authority (Paris)
The Conseil d’Etat confirms the decision regarding the fine handed down to Fnac Darty for non-compliance with its commitments* In a judgment dated 7 November 2019, the Conseil d’Etat confirmed the whole of the decision 18-D-16 by which the Autorité fined Fnac Darty €20 million for failing the (...)

The US FTC confirms the acquisition of a rival lessens competition in the market for microprocessor-driven prosthetic knees (Otto Bock / Freedom)
Cadwalader Wickersham & Taft (New York)
,
Cadwalader Wickersham & Taft (Charlotte)
BUYER BEWARE: FTC ORDERS UNWINDING OF A CONSUMMATED TRANSACTION* What happened? On November 6, 2019, the Federal Trade Commission (“FTC”) voted 5-0 to uphold Administrative Law Judge D. Michael Chappell’s initial decision that Otto Bock HealthCare GmbH’s (“Otto Bock”) acquisition of rival Freedom (...)

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

The Spanish Competition and Markets Authority fines company for for a merger commitment breach (Telefonica)
Gomez Acebo & Pombo (Brussels)
,
Gomez Acebo & Pombo (Brussels)
,
Gomez Acebo & Pombo (Brussels)
The CNMC has fined Telefonica 1.5 million for breaching one of the commitments attached to its acquisition of DTS. The merger was cleared in 2015 by the CNMC on the condition that Telefonica fulfilled a number of commitments in the pay TV market. This included, among others, making (...)

The UK Competition and Markets Authority orders a divesture and blocks a merger in the cleaning chemicals sector (Ecolab / Holchem)
Van Bael & Bellis (Brussels)
On 8 October 2019, the UK’s Competition and Markets Authority (“CMA”) ordered Ecolab to divest Holchem, effectively blocking the merger of two of the largest cleaning chemicals suppliers in the UK. Ecolab bought Holchem in November 2018. The CMA launched a merger inquiry in February 2019, which (...)

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

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

The UK Competition Authority fines a company for breaching merger control rules in the mobile point-of-sale devices sector (Paypal / iZettle)
Van Bael & Bellis (Brussels)
On 24 September 2019, the UK’s Competition and Markets Authority (“CMA”) fined Paypal £ 250,000 for breaching its freezing order that halted integration of the parties during its review of Paypal’s completed acquisition of the Swedish start-up iZettle. Despite having approved the deal in June 2019, (...)

The EU Commission clears a merger, subject to remedies, in the market for the supply of electricity (E.ON / Innogy)
DG COMP (Brussels)
Mergers: Commission clears E.ON’s acquisition of Innogy, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition by E.ON of Innogy’s distribution and consumer solutions business as well as certain of its electricity generation assets. The (...)

The French Competition Authority opens a public consultation in order to revise its merger guidelines
French Competition Authority (Paris)
The Autorité de la concurrence opens a public consultation in order to revise its merger guidelines* Since autumn 2017, the Autorité has been involved in an important modernisation and simplification of merger control by easing the constraints on companies (see press release dated 25 April (...)

The French Competition Authority closes the ex officio proceedings to verify the compliance of remedies concerning a merger in the telecom sector (Altice France / SFR)
French Competition Authority (Paris)
Telecoms* The Autorité closes the ex officio proceedings it had started to ensure compliance with the commitments concerning the sale of Completel’s DSL network made by Altice France when it acquired SFR. The Autorité considers that there is no evidence to characterise Altice France’s actions (...)

The French Competition Authority clears, subject to remedies, the creation of a TV platform by three television channels (Salto)
French Competition Authority (Paris)
Pay Television Sector* The Autorité de la concurrence clears, subject to conditions, the creation of the Salto platform by TF1, France Télévisions and Métropole Télévision (M6) Background Following a referral decision by the European Commission, TF1, France Télévisions and Métropole Télévision (...)

The French Competition Authority clears, subject to remedies, a merger between two agricultural cooperatives (D’Aucy / Triskalia)
French Competition Authority (Paris)
Agricultural cooperatives* The Autorité de la concurrence clears, subject to several conditions, the merger of agricultural cooperatives D’Aucy and Triskalia Background Agricultural and agrifood cooperative groups D’Aucy and Triskalia notified the Autorité de la concurrence of their planned (...)

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

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

The EU Commission conditionally clears a merger in the cable network market in four countries (Vodafone / Liberty Global)
Van Bael & Bellis (Brussels)
On 18 July 2019, the European Commission (“Commission”) conditionally approved Vodafone’s acquisition of Liberty Global’s cable network business in four countries (Czechia, Germany, Hungary and Romania). In order to address competition concerns identified mainly in Germany regarding the ability of (...)

The Italian Competition Authority conditionally approves a banking merger upon a divestiture remedy (BPER / Unipol Banca)
Desogus Law Office (Cagliari)
In the BPER/Unipol Banca case the Italian Competition Authority (ICA) has conditionally authorized the acquisition of Unipol Banca Spa (UP) by BPER Banca Spa (BPER) . The ICA took the view that the proposed merger might restrain competition in many banking markets in the region of Sardinia (...)

The EU Commission clears a merger subject to remedies in the pharmaceutical market (GlaxoSmithKline / Pfizer Consumer Health Business)
DG COMP (Brussels)
Mergers: Commission approves GlaxoSmithKline’s acquisition of Pfizer’s Consumer Health Business, subject to conditions* Commission has approved, under the EU Merger Regulation, the acquisition of Pfizer’s Consumer Health Business by GlaxoSmithKline. The decision is conditional upon the global (...)

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

The Danish Competition Authority clears a merger subject to remedies in the market of retail provision of TV services via fibre optic infrastructure (SE / Eniig)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council has approved the merger between SE a.m.b.a and Eniig a.m.b.a. subject to remedies* On 21 December 2018 the Danish Competition and Consumer Authority (hereinafter “DCCA”) received a complete notification of the merger between SE a.m.b.a. (hereinafter “SE”) and Eniig (...)

The EU Commission clears a merger subject to remedies in the markets of night vision devices and handheld video data links (L3 Technologies / Harris Corporation)
DG COMP (Brussels)
Mergers: Commission approves acquisition of L3 Technologies by Harris Corporation, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of L3 Technologies by Harris Corporation, both aerospace and defence companies based in the (...)

The Spanish Competition Authority investigates a possible infringement of merger commitments in the telecom sector (Telefónica)
Gomez Acebo & Pombo (Brussels)
,
Gomez Acebo & Pombo (Brussels)
,
Gomez Acebo & Pombo (Brussels)
In 2015, the CNMC approved the acquisition of DTS by Telefónica, subject to a series of commitments relating to the pay television market. Telefónica undertook, inter alia, to make available 100% of its premium channels to third-party operators under conditions which would allow them to (...)

The French Competition Authority clears a merger in the cardboard sector following remedies accepted by EU Commission (International Paper Company / DS Smith)
French Competition Authority (Paris)
Cardboard sector* In part of commitments that are conditions for the European Commission’s approval of the acquisition of Europac by DS Smith, the Autorité de la concurrence gives clearance to International Paper Company to acquirethe two Normandy plants of DS Smith Packaging Normandie On 14 (...)

The Austrian Competition Authority conditionally clears a merger in the hardware and software sector (Carl Zeiss/GOM)
Van Bael & Bellis (Brussels)
On 13 June 2019, the Austrian Federal Competition Authority cleared the acquisition of GOM, a supplier of hardware and software for automated 3D-coordinate metrology, by Carl Zeiss, a technology company in the optical and optoelectronic industry. The clearance is subject to commitments. Among (...)

The UK Competition Authority clears the takeover of a mobile payments company after conducting an in-depth Phase 2 probe (PayPal / iZettle)
CRA International (London)
,
CRA International (London)
,
Charles River Associates (Boston)
Acquisitions of Potential Rivals in Digital/Tech: Valuation Analysis as Key Economic Tool - PayPal/iZettle Antitrust authorities everywhere are increasingly concerned with so-called “killer acquisitions” – cases where an established incumbent buys up a small rival which might have the potential (...)

The Czech Competition Authority clears a merger subject to remedies in the bread market (Agrofert / Ub Holding)
Czech Competition Authority (Brno)
AGROFERT IS ALLOWED TO TAKE OVER UNITED BAKERIES, BUT IT HAS TO SELL OFF SEVERAL FACILITIES* On 23 May 2019, the Office for the Protection of Competition issued a decision approving AGROFERT a.s. to take sole control over UB HOLDING a.s. and its subsidiary UNITED BAKERIES a.s., subject to a (...)

The Italian Competition Authority clears a merger subject to remedies in the retail pay-TV market (Sky / R2)
Italian Competition Authority (Rome)
ICA: authorisation with measures of the Sky/R2 merger (branch of Mediaset Premium)* On 20 May 2019, the Italian Competition Authority (AGCM) has concluded its investigation regarding the acquisition of certain assets of the digital terrestrial pay-TV owned by Mediaset Premium S.p.A. by Sky (...)

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

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

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

The Belgian Competition Authority clears a merger subject to remedies in the TV channels platforms market (De Vijver Media / Telenet)
Belgian Competition Authority (Brussels)
The Competition College of the BCA has approved conditionally the acquisition of sole control of De Vijver Media by Telenet* the Competition College of the Belgian Competition Authority (BCA) has approved conditionally on 13 May 2019 the acquisition of sole control by Telenet Group BVBA (...)

The Czech Competition Authority clears a merger subject to remedies in the distribution market of non-original spare parts for light vehicles (LKQ / Heptus 292)
Czech Competition Authority (Brno)
THE OFFICE APPROVED THE MERGER OF LKQ AND HEPTUS 292 ON THE DISTRIBUTION MARKET OF NON-ORIGINAL SPARE PARTS, SUBJECT TO COMMITMENTS* On 10 May 2019, the Office for the Protection of Competition issued a decision authorizing LKQ German Holdings GmbH to take sole control over the company heptus (...)

The French Competition Authority clears a merger, subject to remedies, in the public passenger transport markets (RATP Dev / Keolis)
French Competition Authority (Paris)
Future connection Gare de l’Est - Paris-Charles de Gaulle Airport* The Autorité de la concurrence clears, subject to conditions, the creation by RATP Dev and Keolis of a joint undertaking for the operation of CDG Express On 29 November 2018, the companies RATP Dev and Keolis notified the (...)

The Ukrainian Competition Authority imposes a fine of EUR 1.8 million for ’gun jumping’ in a merger in the heavy industry sector, and does not clear the transaction due to economic sanctions on the seller’s beneficiary (TAS group / Dniprometyz)
Redcliffe Partners (Kyiv)
,
Redcliffe Partners (Kyiv)
The facts of the case On 8 November 2017, Devisal Limited, a Cyprus subsidiary of the financial/industrial group TAS (the "TAS Group"), filed a merger filing requesting the Antimonopoly Committee of Ukraine (the "AMC") to approve the acquisition of a controlling stake in the Private Joint (...)

The Spanish Competition Commission clears a merger in the healthcare industry subject to extensive remedies (Quirón Group / Santa Cristina Clinic)
Spanish Competition Authority (Madrid)
The CNMC approves the Quirón Group’s acquisition, with a complete package of commitments, of the Santa Cristina Clinic in Albacete*The merger is approved following intense work in the second phase and a complete package of commitments, which was subjected to successive market tests with its (...)

The Indian Competition Commission clears a merger, subject to remedies, in the electricity market (Larsen & Toubro/Schneider Electric)
Shardul Amarchand Mangaldas (New Delhi)
,
Shardul Amarchand Mangaldas (New Delhi)
,
Shardul Amarchand Mangaldas (New Delhi)
The CCI cleared the proposed acquisition of the electrical and automation business of Larsen & Toubro (L&T) by Schneider Electric and MacRitchie Investments (the Acquirers) on foot of a package of behavioural remedies proposed by the Acquirers. After a lengthy investigation, the CCI (...)

The EU Commission approves a company as a suitable purchaser of several steel plants (Liberty House Group / ArcelorMittal)
DG COMP (Brussels)
Mergers: Commission approves Liberty House Group purchase of ArcelorMittal’s divestment businesses* The European Commission has approved, under the EU Merger Regulation, Liberty House Group as a suitable purchaser of several ArcelorMittal steel plants, sold under commitments made by (...)

The EU Commission conditionally approves a merger to structural remedies in the refrigeration compressor business (Nidec / Embraco)
Van Bael & Bellis (Brussels)
On 12 April 2019, the Commission conditionally approved the acquisition by Nidec of Embraco, Whirlpool’s refrigeration compressor business. Both Nidec and Embraco are leading global producers of refrigeration compressors. These are electro-mechanical devices used to lower the temperature of an (...)

The EU Commission clears a merger, subject to remedies, in the market of speed refrigeration compressors (Nidec / Embraco)
DG COMP (Brussels)
Mergers: Commission approves Nidec’s acquisition of Embraco, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition by Nidec of Embraco, Whirlpool’s refrigeration compressor business. The approval is conditional on compliance with (...)

The Ankara 9th Administrative Court orders a stay of execution on a port acquisition after the Competition Board’s conditional clearance with behavioural remedies (Kumport)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Background Limar Liman ve Gemi İşletmeleri A.Ş. (“Limar”), which is controlled by Arkas Holding A.Ş. (“Arkas”) notified to the Turkish Competition Authority (the “Authority”) its acquisition of the sole control over Mardaş Marmara Deniz İşletmeciliği A.Ş. (“Mardaş” or the “Target”) operating the Ambarlı (...)

The EU Commission clears a merger subject to remedies in the market of distribution of agricultural machinery (Agro / Konekesko Baltic)
DG COMP (Brussels)
Mergers: Commission approves Danish Agro’s acquisition of Konekesko’s Baltic and Finnish agrimachinery businesses, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition by Danish Agro of Konekesko’s agricultural machinery distribution (...)

The Belgian Competition Authority accepts partially a request to lift the remedies imposed to clear a merger in the cinema theatres market (Kinepolis)
Belgian Competition Authority (Brussels)
The Belgian Competition Authority has partially accepted the request of Kinepolis to lift the conditions imposed in 1997 and modified in 2010, as from 25 March 2019* On 31 March 2017 Kinepolis has filed a request to lift the conditions imposed by the Competition Council in 1997 in respect of (...)

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

The EU Commission conditionally approves a merger in the market for aircraft slat systems (Spirit / Asco)
Van Bael & Bellis (Brussels)
On 20 March 2019, the Commission conditionally approved the acquisition of Asco by Spirit. The Commission was concerned that the deal would reduce competition in the market for aircraft slat systems. These parts allow the wing of an aircraft to operate at a higher ‘angle of attack’, which (...)

The UK Competition and Markets Authority fines a company for failure to comply with initial enforcement order (JLA / Washstation)
Van Bael & Bellis (Brussels)
On 8 March 2019, the UK’s Competition and Markets Authority (“CMA”) fined JLA £120,000 for failure to comply with an initial enforcement order (“IEO”). Under UK competition law, the CMA may impose an IEO on merging parties to prevent them from taking pre-emptive action which might prejudice the (...)

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

The Polish Competition Authority conditionally approves a merger between liquid carbon dioxide producers to structural and behavioural remedies (Air Products and Chemicals / ACP Europe / Eurocylinder)
Modzelewska & Pasnik (Warsaw)
On 25 February 2019, the acquisition of ACP Europe S.A. and Eurocylinder NV (subsidiaries of L’Acide Carbonique Pur) by Air Products and Chemicals, Inc. (“APC”) was conditionally approved by the Polish Competition Authority (“PCA”) (decision DKK-51/2019). The proposed foreign-to-foreign transaction (...)

The Polish Competition Authority clears a merger in the chemical sector imposing a combination of structural and behavioural remedies (Air Products and Chemicals / ACP Europe / Eurocylinder)
Greenberg Traurig Grzesiak (Warsaw)
On February 25, 2019 the President of the Polish Office of Competition and Consumer Protection (“OCCP”) issued a conditional decision (“Decision”) clearing the concentration consisting in the acquisition by Air Products and Chemicals Inc. (“Air Products”) of ACP Europe S.A. and Eurocylinder NV (...)

The EU Commission alleges a telecommunication company has breached its remedies following the clearance of its merger (Telefonica Deutschland)
DG COMP (Brussels)
Mergers: Commission alleges Telefónica breached commitments given to secure clearance of E-Plus acquisition* The European Commission has sent a Statement of Objections to Telefónica Deutschland alleging the company breached commitments it offered to secure the Commission’s approval under the EU (...)

The EU Commission issues first ever statement of objections for breaching a merger commitment in the telecommunication sector (Telefónica Deutschland)
Van Bael & Bellis (Brussels)
On 22 February 2019, the European Commission (“Commission”) sent a Statement of Objections to Telefónica Deutschland alleging that it breached a commitment offered in order to secure the Commission’s approval of its acquisition of E-Plus (see VBB on Competition Law, Volume 2014, No. 7). In (...)

The EU Commission sends statement of objections to a company for alleged infringement of merger commitments (Telefónica Deutschland)
Gomez Acebo & Pombo (Brussels)
,
Gomez Acebo & Pombo (Brussels)
,
Gomez Acebo & Pombo (Brussels)
On 22 February 2019, the Commission addressed an SoO to Telefónica Deutschland (“Telefónica”) detailing its concerns that the company may have breached one of the commitments linked to the Commission’s clearance of its acquisition of E-Plus in 2014. In particular, back then, Telefónica committed to (...)

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

The EU Commission lifts commitments adopted in a merger case based on exceptional circumstances review (Air France / KLM)
Van Bael & Bellis (Brussels)
In a recently published decision of 6 February 2019, the European Commission waived a commitment imposed during its merger review of Air France’s acquisition of KLM in 2004. By way of background, during the 2004 review of its acquisition of KLM, Air France offered commitments to address (...)

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

The French Competition Authority re-examines and eases merger remedies made by a leading pay TV provider (Canal+ International)
French Competition Authority (Paris)
Pay TV in French overseas departments and regions* The Autorité de la concurrence has re-examined the commitments made by Canal+ International as part of the take-over of Mediaserv (now Canal+ Telecom) in 2014. Certain obligations have been maintained to preserve the competitive dynamic. (...)

The EU Commission prohibits a merger in the market of railway signalling systems and very high-speed trains (Siemens / Alstom)
DG COMP (Brussels)
Mergers: Commission prohibits Siemens’ proposed acquisition of Alstom* The European Commission has prohibited Siemens’ proposed acquisition of Alstom under the EU Merger Regulation. The merger would have harmed competition in markets for railway signalling systems and very high-speed trains. The (...)

The EU Commission prohibits a merger in the rolled copper products market (Wieland / Aurubis / Schwermetall)
DG COMP (Brussels)
Mergers: Commission prohibits Wieland’s proposed acquisition of Aurubis Rolled Products and Schwermetall* The European Commission has prohibited, under the EU Merger Regulation, Wieland’s proposed acquisition of Aurubis Rolled Products and Aurubis’ stake in Schwermetall. It had serious concerns (...)

The EU Commission prohibits a merger in the market for railway signalling and very high-speed trains (Siemens / Alstom)
Van Bael & Bellis (Brussels)
On 6 February 2019, the European Commission (“Commission”) prohibited Siemens’ proposed acquisition of Alstom under the EU Merger Regulation. The deal would have combined Siemens’ and Alstom’s transport equipment and service activities in a new company fully controlled by Siemens. According to the (...)

The Irish Competition Authority clears a merger subject to remedies in the waste sector (Panda / Knockharley Landfill)
Irish Competition Authority (Dublin)
CCPC requires commitments from Panda to secure approval for acquisition of Knockharley Landfill* The Competition and Consumer Protection Commission (CCPC) has cleared, subject to binding commitments, the proposed acquisition of Knockharley Landfill Limited (Knockharley), by Pandagreen Limited (...)

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

The UK Competition Authority imposes structural remedies concerning a merger in the washroom suppliers market (Rentokil Initial / Cannon Hygiene)
British Competition Authority - CMA (London)
CMA orders sale of customer contracts in washroom suppliers’ merger* Rentokil Initial must sell several large supply contracts to satisfy CMA concerns over its merger with Cannon Hygiene. The decision by the Competition and Markets Authority (CMA) comes after an in-depth Phase 2 investigation (...)

The Finnish Competition Authority clears a merger subject to remedies in the market for outsourced internal logistics services (Suomen Transval Group / Posti Group)
Finnish Competition and Consumer Authority (Helsinki)
The FCCA approves Posti’s acquisition of Transval, subject to conditions* Finnish Competition and Consumer Authority (FCCA) has approved, subject to conditions, the acquisition of Suomen Transval Group Oy by Posti Group Oyj. A condition for the approval of the acquisition was that Posti (...)

The French Competition Authority clears the creation of a joint undertaking subject to remedies in VAT refund services markets (Global Blue / Planet Payment)
French Competition Authority (Paris)
The Autorité de la concurrence clears, subject to conditions, the creation of the Cash Paris Tax Refund company by Global Blue and Planet Payment* A transaction referred by the European Commission On 21 August 2018, the European Commission referred to the Autorité de la concurrence the review (...)

The Dutch Competition Authority clears a merger subject to remedies in the pharmaceutical sector (Apotex / Aurobindo)
Netherlands Authority for Consumers & Markets (The Hague)
ACM clears merger between pharmaceutical companies Aurobindo and Apotex* The Netherlands Authority for Consumers and Markets (ACM) has cleared the acquisition of pharmaceutical company Apotex by rival company Aurobindo. The clearance was granted after the companies had proposed to sell (...)

The UK Competition Authority issues its Merger remedies guidance
British Competition Authority - CMA (London)
Guidance on merger remedies in Phase 1 and Phase 2 investigations.* This guidance is intended for merger parties and their advisers. It seeks to provide a single source of guidance on remedies for Phase 1 and Phase 2 merger investigations. This guidance applies to any Phase 1 merger (...)

The EU Commission clears a merger subject to remedies in the market of batteries (Spectrum Brand / Energizer)
DG COMP (Brussels)
Mergers: Commission approves acquisition of Spectrum Brands’ batteries and portable lighting business by Energizer, subject to conditions* The European Commission has approved under the EU Merger Regulation the acquisition of Spectrum Brands’ batteries and portable lighting business by (...)

The EU Commission clears a merger subject to remedies in the market of industrial lubricants (Quaker / Houghton)
DG COMP (Brussels)
Mergers: Commission approves acquisition of Houghton by Quaker, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of Houghton by Quaker, both producers of industrial lubricants. The decision is conditional on the divestment of (...)

The EU Commission clears a merger subject to remedies in the data security solutions market (Gemalto / Thales)
DG COMP (Brussels)
Mergers: Commission approves acquisition of Gemalto by Thales, subject to conditions* The European Commission has approved under the EU Merger Regulation the proposed acquisition of Gemalto by Thales. The approval is conditional on the divestment of Thales’ general purpose hardware security (...)

The EU Commission clears a merger subject to remedies in the ceilings manufacturing market (Armstrong / Knauf)
DG COMP (Brussels)
Mergers: Commission approves acquisition of Armstrong’s ceilings business outside the Americas by Knauf, subject to conditions* The European Commission has conditionally approved under the EU Merger Regulation the acquisition of Armstrong World Industries’ ceilings business outside the Americas (...)

The EU Commission clears a merger subject to remedies in the market for the manufacture and supply of wood pulp (Fibria / Suzano)
DG COMP (Brussels)
Mergers: Commission approves acquisition of Fibria by Suzano, subject to conditions* The European Commission has approved under the EU Merger Regulation the acquisition of Fibria by Suzano, both active in the production and supply of wood pulp from eucalyptus trees. The decision is conditional (...)

The Italian Competition Authority conditionally clears a merger in the optical sector (Luxottica / Barberini)
Desogus Law Office (Cagliari)
Closing a Second Phase investigation in the Luxottica/Barberini case, the Italian Competition Authority (ICA) has conditionally cleared a merger between two major players in the optical industry. After an in-depth review of the transaction, the ICA took the view that the notified merger may (...)

The EU Commission clears a merger subject to remedies in the markets for corrugated case materials, sheets and cases (Europac / DS Smith)
DG COMP (Brussels)
Mergers: Commission approves acquisition of Europac by DS Smith, subject to conditions* The European Commission has approved under the EU Merger Regulation the acquisition of Europac by DS Smith, both manufacturers of paper and packaging products. The decision is conditional on the divestment (...)

The EU Commission conditionally clears the creation of six joint ventures for mobility services (Daimler / BMW)
Van Bael & Bellis (Brussels)
On 7 November 2018, the European Commission conditionally approved the creation of six mobility services joint ventures by Daimler and BMW. While the joint ventures will combine Daimler and BMW’s mobility services in ride hailing services, parking services, charging services and other on-demand (...)

The EU Commission clears the creation of six joint ventures in the automobile sector, subject to remedies (Daimler / BMW)
DG COMP (Brussels)
Mergers: Commission clears the creation of six joint ventures by Daimler and BMW, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the creation of six joint ventures by Daimler and BMW, subject to conditions. Daimler and BMW, both active in car (...)

The EU Commission clears a merger, subject to remedies, in the markets of production and distribution of films for release in movie theatrers and distribution of content for home entertainment and licensing of films and other TV content (Fox / Disney)
DG COMP (Brussels)
Mergers: Commission approves Disney’s acquisition of parts of Fox, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of parts of Fox by Disney, both US based global media companies. The decision is conditional on full (...)

The Danish Competition Council approves a merger between two private insurance companies based on the commitments submitted by one of them (Tryg / Alka)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council has approved the merger between Tryg Forsikring A/S and Forsikrings-Aktieselskabet Alka subject to commitments* On 19 March 2018 the Danish Competition and Consumer Authority (hereinafter “DCCA”) received a complete notification of Tryg Forsikring A/S’ (hereinafter (...)

The Czech Competition Authority clears a merger subject to remedies in the soft drink market (Pepsico / KMV)
Czech Competition Authority (Brno)
KMV is allowed to take control over part of Pepsi business, subject to commitments* The Office for the Protection of Competition issued on 30 October 2018 a decision approving the concentration between soft drinks producers, subject to fulfilment of several structural commitments. The (...)

The EU Commission clears a merger subject to remedies in the market of dietetic pet food sold by veterinarians (Mars Petcare / AniCura)
DG COMP (Brussels)
Mergers: Commission approves Mars’ acquisition of AniCura, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of AniCura, a veterinary clinic chain, by Mars, a supplier of pet food, including dietetic pet food. The approval is (...)

The Mexican Competition Authority accepts commitments by pharmaceutical companies to restore competition in the pharma market (Moench Coöperatif / Luis Doporto Alejandre)
Ritch Mueller (Mexico City)
Through a decision issued by the plenary session of Cofece on August 13, 2015 on case file CNT-074-2015 (the ’Decision’), the Mexican antitrust authority decided to unconditionally clear the acquisition, by Dutch fund Moench Coöperatif of a major pharmaceutical distributor in Mexico, Marzam. The (...)

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

The US DoJ clears a merger between two vertically linked businesses due to sufficient competition in their respective markets subject to divestment of their horizontally overlapping business in the healthcare sector (CVS / Aetna)
Economists Incorporated (San Francisco)
Department of Justice Clears Merger of CVS and Aetna* The Department of Justice (DOJ) recently cleared the merger of CVS Health Corporation (CVS) and Aetna Inc. (Aetna), only requiring divestiture of Aetna’s horizontally overlapping Medicare Part D prescription drug plan business. Aetna is (...)

The Portuguese Competition Authority clears a merger subject to remedies in the liquefied petroleum gas market (Repsol / Rubis)
Portuguese Competition Authority (Lisbon)
AdC clears the acquisition of Repsol’s LPG business in Madeira and Azores by Rubis, subject to conditions* The Portuguese Competition Authority (AdC) has accepted the divesture commitments brought forth by Rubis II Distribuição Portugal, and hence has approved Rubis’ acquisition of the existing (...)

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

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

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

The Irish Competition Authority clears a merger subject to remedies in the healthcare sector (SISK Healthcare / Uniphar Public)
Irish Competition Authority (Dublin)
CCPC obtains commitments from Uniphar to secure approval for proposed acquisition of SISK Healthcare* Following an extensive investigation, the Competition and Consumer Protection Commission (CCPC) has today cleared the proposed acquisition of sole control of SISK Healthcare by Uniphar Public (...)

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

The French Competition Authority fines a retailer and distributor of electronic products for failing to comply with its merger remedies (Fnac / Darty)
French Competition Authority (Paris)
Fnac’s acquisition of Darty* The Autorité de la concurrence fines Fnac Darty Group €20 million for failing to divest itself of three stores, which was the pre-condition for clearance of the transaction. The Autorité also orders Fnac Darty to divest itself of two stores in lieu of those that it (...)

The French Competition Authority fines a retailer for failing to comply with its divestment commitments (Fnac / Darty)
McDermott Will & Emery (Paris)
,
McDermott Will & Emery (Brussels)
,
McDermott Will & Emery (Brussels)
On 27 July 2018 the French Competition Authority (FCA) imposed a EUR 20 million fine on Fnac Darty for failing to comply with its divestment commitments following Fnac’s acquisition of the Darty group. This is the first time the FCA has imposed a fine on a company for failing to comply with a (...)

The French Ministry of Economy clears “Phase III” review and imposes commitment to maintain employment (Cofigeo / Agripole)
Van Bael & Bellis (Brussels)
On 19 July 2018, the French Ministry of Economy (“Ministry”) announced a revised clearance of Cofigeo’s acquisition of the ready meals business of Agripole. This is the first time in the history of French merger control that the Ministry has reviewed a transaction on public interest grounds under (...)

The French Economic and Finance minister authorises a merger in the food sector, after using his power of re-examination for the first time (Cofigéo / Agripole)
McDermott Will & Emery (Brussels)
,
McDermott Will & Emery (Paris)
,
McDermott Will & Emery (Brussels)
Article L. 430-7-1, II of the French Commercial Code provides that the French Minister of Economy and Finance has the power to re-examine a merger within 25 working days after receiving the French Competition Authority (FCA) decision, for reasons of public interest other than safeguarding (...)

The Competition and Consumer Commission of Singapore announces a proposed infringement decision for substantial lessening of competition in the market of ride-hailing platform services (Grab / Uber)
BHP Billiton (Melbourne)
1 STAR RATING: SINGAPORE REGULATOR FLAGS UNWINDING OF GRAB/UBER MERGER* On 5 July 2018, the Competition and Consumer Commission of Singapore (CCCS) announced that it had issued a proposed infringement decision against Grab Inc (Grab) and Uber Technologies, Inc (Uber) in relation to the sale of (...)

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

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

The Indian Competition Authority conditionally clears a merger in the agrochemicals and seeds industry (Bayer / Monsanto)
Shardul Amarchand Mangaldas (New Delhi)
,
Shardul Amarchand Mangaldas (New Delhi)
,
Shardul Amarchand Mangaldas (New Delhi)
In an order dated 14 June 2018, the Competition Commission of India (CCI) approved Bayer AG’s (Bayer) acquisition of Monsanto Company (Monsanto) (together, the Parties) subject to certain modifications. Shardul Amarchand Mangaldas & Co. represented Monsanto and assisted in seeking the CCI’s (...)

The French Competition Authority clears a merger, subject to remedies, in the market for the production and sale of ready meals (Financière Cofigeo / Agripole group)
French Competition Authority (Paris)
Acquisition of William Saurin* The Autorité de la concurrence clears the acquisition Financière Cofigeo of certain securities and assets of the ready meals arm of Agripole group (William Saurin, Panzani, Garbit) subject to two targeted divestments designed to maintain competition in the sector. (...)

The Indian Competition Authority approves acquisition of global agricultural company by global pharmaceutical company subject to permanent divestments and 7-year FRAND licensing of genetically modified and non-GM agricultural products (Bayer / Monsanto)
Vaish Associates (New Delhi)
CCI approves the acquisition of Monsanto by Bayer AG subject to structural modifications* The CCI by its order dated June 14, 2018 has approved the proposed acquisition of Monsanto Company (Monsanto) by Bayer Aktiengesellschaft (Bayer). The CCI approved the proposed combination, subject to the (...)

The OECD holds a roundtable on considering non-price effects in merger control
OECD - Competition Division
1. Introduction 1. When firms compete, they make a range of decisions about the characteristics of their products. Consumers make purchasing decisions based on at least some of these characteristics, which determine the value they obtain from the product. Price is one such characteristic, but (...)

The EU Commission clears for the second time a merger subject to remedies on the market for the wholesale of premium Pay TV film channels (Ziggo / Liberty Global)
DG COMP (Brussels)
Mergers: Commission confirms approval of acquisition of Dutch cable TV operator Ziggo by Liberty Global, subject to conditions* The European Commission has reapproved with conditions, under the EU Merger Regulation, the acquisition of Ziggo by Liberty Global. The merger was first approved in (...)

The EU General Court orders Commission to re-examine a request to review merger commitment (Lufthansa)
Van Bael & Bellis (Brussels)
On 16 May 2018, the General Court (“GC”) ruled that the European Commission had failed to properly examine a request by Lufthansa to review a merger commitment given by Lufthansa in order to secure EU merger clearance of its acquisition of Swiss Airlines. In order to allay competition concerns (...)

The EU General Court finds that the Commission must re-assess companies request to waive their pricing commitments (Lufthansa)
Gomez Acebo & Pombo (Brussels)
,
Gomez Acebo & Pombo (Brussels)
,
Gomez Acebo & Pombo (Brussels)
In 2005, the European Commission cleared the planned acquisition of Swiss by Lufthansa subject to a a number of commitments, which included conditions on fares with regard to the Zurich-Stockholm and Zurich-Warsaw routes. On 4 November 2013, Lufthansa and Swiss submitted a request for a (...)

The EU General Court annuls the Commission’s rejection of an airline’s request for a waiver of pricing commitments, ordering that they be reviewed (Lufthansa)
McDermott Will & Emery (Brussels)
,
McDermott Will & Emery (Paris)
,
McDermott Will & Emery (Brussels)
Deutsche Lufthansa AG is a joint founder member of Star Alliance, the largest global airline alliance. In addition to the Star Alliance Agreement, Lufthansa concluded with Scandinavian Airlines System (SAS) a bilateral alliance agreement, a marketing and sales agreement, and a bilateral joint (...)

The Turkish Competition Board approves the acquisition of control over chemical company based on commitments submitted to the EU Commission (Bayer / Monsanto)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The Turkish Competition Board (“ Board ”) granted conditional approval to the acquisition of sole control over Monsanto Company (“ Monsanto ”) by Bayer Aktiengesellschaft (“ Bayer ”), by way of taking into account the commitments submitted before the European Commission (“ Commission ”). This case (...)

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

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

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

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

The EU Commission considers potential harm to innovation as part of its merger assessments, particularly in R&D driven sectors such as pharmaceuticals and technology (Bayer / Monsanto)
Shearman & Sterling (London)
,
Reed Smith (Brussels)
,
Shearman & Sterling (London)
The European Commission has routinely considered potential harm to innovation as part of its merger assessments, particularly in R&D driven sectors such as pharmaceuticals and technology. In recent years, however, the Commission’s traditional innovation concerns have developed into broader, (...)

The EU Commission clears a merger, subject to remedies, in the seeds, pesticides and digital agriculture sector (Bayer / Monsanto)
DG COMP (Brussels)
Mergers: Commission clears Bayer’s acquisition of Monsanto, subject to conditions* The European Commission has approved under the EU Merger Regulation the acquisition of Monsanto by Bayer. The merger is conditional on the divestiture of an extensive remedy package, which addresses the parties’ (...)

The German Competition Authority clears a merger subject to remedies in the rail sector (CIT Rail / VTG Rail Assets)
German Competition Authority (Bonn)
Rail wagon leasing companies may merge subject to condition precedent* The Bundeskartellamt has cleared the acquisition of CIT Rail Holdings (Europe) S.A.S. by VTG Rail Assets GmbH subject to a condition precedent. The companies may only implement the merger once they have sold a substantial (...)

The EU Commission clears a merger subject to remedies in the global media market and rejects a referral request by the Polish Competition Authority (Discovery / Scripps)
DG COMP (Brussels)
Mergers: Commission approves Discovery’s acquisition of Scripps, subject to conditions; rejects referral request by Polish competition authority* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Scripps by Discovery, both US based global media (...)

The Spanish National Markets and Competition Commission clears the merger of the three card payment systems operating in Spain (Servired / Sistema)
Callol, Coca & Asociados (Madrid)
The NMCC has approved, subject to commitments, the merger of the three card payment service companies operating in Spain: Servired, Sistema 4B and Euro 6000, of which practically all banking entities present in Spain were shareholders. As a result of the operation, the Spanish card payment (...)

The Belgian Competition Authority clears a merger subject to remedies in the market of garages for maintenance and repairs of trucks (Kant / Volvo)
Belgian Competition Authority (Brussels)
THE COMPETITION COLLEGE OF THE BCA AUTHORISES CONDITIONALLY THE ACQUISITION OF GARAGES OF THE GROUP KANT BY VOLVO GROUP BELGIUM* The Competition College of the Belgian Competition Authority (BCA) has authorised on 31 January 2018 the acquisition of garages of Kant NV by Volvo Group Belgium NV. (...)

The French Competition Authority clears a merger subject to remedies in the sector of collection and recovery of non-hazardous office waste (La Poste / Suez)
French Competition Authority (Paris)
Collection and recovery of non-hazardous office waste sector* In an unprecedented move, the Autorité de la concurrence closes a litigation procedure, and on the same day, clears a merger involving the same activity. The Autorité obtained commitments from La Poste regarding the promotion, (...)

The EU Commission clears a merger subject to remedies in the markets for passenger air travel (Lufthansa / Air Berlin)
DG COMP (Brussels)
Mergers: Commission approves acquisition by Lufthansa of Air Berlin subsidiary LGW, subject to conditions* The European Commission has approved under the EU Merger Regulation Lufthansa’s proposed acquisition of certain Air Berlin assets, through the entity Luftfahrtgesellschaft Walter GmbH (...)

The French Competition Authority clears a merger subject to remedies in the home decoration and gardening retail market (Bricorama / ITM Équipement de la Maison)
French Competition Authority (Paris)
The Autorité de la concurrence has cleared, subject to several conditions, the acquisition of the Bricorama group by ITM Équipement de la Maison (Bricomarché, Brico Cash)* Parties to the transaction On 18 October 2017, ITM Équipement de la Maison, a subsidiary of ITM Entreprises, which notably (...)

The Finnish Competition Authority clears a merger subject to remedies on the retail and purchasing markets of the grocery sector (SOK / Stockmann Delicatessen)
Finnish Competition and Consumer Authority (Helsinki)
FCCA approves the acquisition between SOK and Stockmann Delicatessen subject to conditions* Today, the Finnish Competition and Consumer Authority (FCCA) approved the acquisition of Stockmann Group’s Delicatessen business by Suomen Osuuskauppojen Keskuskunta, SOK (The Central Finnish Cooperative (...)

The French Competition Authority clears a merger subject to remedies in the agricultural cooperatives sector (CAM / Terrena)
French Competition Authority (Paris)
The Autorité de la concurrence clears, subject to commitments, the merger of Coopérative agricole des Agriculteurs de la Mayenne (CAM) with Terrena* Parties to the operation On 30 October 2017, the parties notified the Autorité de la concurrence of their intention to merge through a merger by (...)

The UK Competition Authority clears a merger subject to remedies in the cinema sector (Odeon / Vue)
British Competition Authority - CMA (London)
CMA ACCEPTS MANCHESTER CINEMAS SALE* In December, the Competition and Markets Authority (CMA) announced that AMC (UK) Acquisition Ltd’s (AMC’s) purchase of Odeon and UCI Cinemas Holdings Ltd (Odeon) would face an in-depth investigation, unless AMC could address concerns over the merger’s effect (...)

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

The Russian Competition Authority clears the creation of a joint undertaking subject to remedies in the taxi market (Yandex / Uber)
Russian Federal Antimonopoly Service (Moscow)
FAS cleared merger between Yandex.Taxi and Uber, subject to conditions* On November 24, 2017 FAS agreed on the application of the Yandex N.V., Uber International C.V. for conclusion of an agreement on the creation of joint enterprise, subject to conditions. The results of analysis of the (...)

The Russian Competition Authority requires several remedies before clearing a merger in the agrotechnology market (Bayer / Monsanto)
Russian Federal Antimonopoly Service (Moscow)
FAS Russia applies access and behavioral remedies in the Bayer/Monsanto merger* The Federal Antimonopoly Service of Russia (FAS Russia) has concluded a review of the merger between “Bayer AG” (Germany) and “Monsanto Company” (USA) filed according to paragraphs 8 and 9 of section 1 of article 28 of (...)

The US FTC files an administrative complaint challenging a proposed acquisition and enters into a proposed consent decree (Red Venture / Bankrate)
Shearman & Sterling (Washington)
,
Shearman & Sterling (Washington)
,
Shearman & Sterling (Washington)
On November 3, 2017, the Federal Trade Commission filed a complaint challenging Red Ventures’ proposed acquisition of Bankrate. The FTC alleged that the deal likely would have lessened competition in the market for thirdparty paid referral services for senior living facilities—even though Red (...)

The Hellenic Competition Authority clears an acquisition of joint control over a dairy milk company subject to commitments (Delta Foods / Mevgal)
Prentoulis Gerakini Law Partnership (Athens)
Under its decision No. 650/2017 the Hellenic Competition Commission (HCC) approved the acquisition of joint control of Mevgal SA by Delta Food SA and members of the Hatzakou family. Delta Food S.A., member of the Vivartia Group of companies, produces and distributes dairy products such as, (...)

The EU Commission clears a merger subject to remedies on the market of automotive equipment (FTE / Valeo)
DG COMP (Brussels)
Mergers: Commission clears acquisition of FTE by Valeo, subject to conditions* The European Commission has approved under the EU Merger Regulation the proposed acquisition of FTE by Valeo, both automotive equipment suppliers. The decision is conditional on the divestment of Valeo’s passive (...)

The US FTC conditionally clears the transaction between two neurosurgical companies (Integra / Johnson & Johnson)
McDermott Will & Emery (Paris)
,
McDermott Will & Emery (Washington)
What Happened: On February 14, 2017, Integra agreed to purchase Johnson & Johnson’s Codman neurosurgery business (excluding Codman’s neurovascular and drug deliver businesses) for $1.045 billion. Seven months later, on September 25, 2017, the Federal Trade Commission (FTC) agreed to clear the (...)

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

The French Competition Authority adopts an innovative merger decision in the healthcare institution sector (Elsan / MPP)
Total (Paris)
The French Competition Authority (FCA) has adopted an innovative merger decision in the health care institution sector, assessing not only the effects of the operation on medical services (diagnostic and treatments), but also the effects on non-medical ancillary services. An innovative merge (...)

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

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

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

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

The German FCO publishes merger remedies guidelines
Heinz & Zagrosek (Köln)
Bundeskartellamt publishes merger remedies guidelines* On May 30, 2017, the Bundeskartellamt (Federal Cartel Office, "FCO“) has published guidelines on remedies in German merger control, also available in an English translation. The very detailed guidelines (87 pages) provide a comprehensive (...)

The EU Commission conditionally approves acquisition of de facto sole control over national incumbent telecommunications company by holding company otherwise competing with it in the market for wholesale access to TV networks (Vivendi / Telecom Italia)
DG COMP (Brussels)
,
DG COMP (Brussels)
,
DG COMP (Brussels)
Vivendi/Telecom Italia - jurisdictional and substantive assessment of minority shareholdings* In a nutshell: The Vivendi/Telecom Italia case raised interesting issues related to minority shareholdings. In relation to jurisdiction, the transaction consisted of the acquisition of (de facto) (...)

The EU Commission alleges a telecommunication company has breached EU rules by implementing its merger before notification or approval (Alice / PT Portugal)
DG COMP (Brussels)
Mergers: Commission alleges Altice breached EU rules by early implementation of PT Portugal acquisition* The European Commission has sent a Statement of Objections alleging that multinational telecommunications company Altice (the Netherlands), breached the EU Merger Regulation by implementing (...)

The EU Commission sends a statement of objections to a company to investigate whether a merger was implemented prior to the Commission’s clearance (Alice / PT Portugal)
Shearman & Sterling (London)
,
Reed Smith (Brussels)
,
Shearman & Sterling (London)
When a transaction meets the thresholds of the EU Merger Regulation, companies must notify and obtain clearance from the European Commission before implementing the transaction. This means that until clearance is obtained, companies should continue to operate independently (including (...)

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

The German Competition Authority publishes merger remedies guidance
Jones Day (Frankfurt)
,
Jones Day (Brussels)
,
Jones Day (Dusseldorf)
The German Federal Cartel Office (Bundeskartellamt or "FCO") has published guidance on the requirements placed on remedies in merger control and their implementation. Remedies are an important instrument in merger control practice. They can enable the clearance of a merger under conditions and (...)

The US FTC reaches a consent agreement with merging parties to preserve innovation in the switchbox industry (Emerson / Pentair)
McDermott Will & Emery (Washington)
The FTC’s recent consent agreement addressing concerns regarding Emerson Electric Co.’s (Emerson) acquisition of Pentair Plc (Pentair) demonstrates a continued focus on whether transactions will reduce the incentive for merging parties to develop new, innovative products in the future. This is (...)

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

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

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

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

The EU Commission prohibits acquisition of largest national cement producer by the largest national cement importers, due to insufficient divestment to fully eliminate competition concerns (HeidelbergCement / Schwenk / Cemex Hungary / Cemex Croatia)
Freshfields Bruckhaus Deringer (Brussels)
HeidelbergCement/Schwenk/Cemex Hungary/Cemex Croatia - Cement travelling across borders* In a nutshell: The acquisition of Cemex Croatia would have seen DDC transform from an expanding importer in Croatia into the largest Croatian incumbent, and customers could have no longer benefitted from (...)

The EU Commission blocks attempted merger between Europe’s two largest stock exchange operators, due to their inability to offer remedies that would prevent the creation of a de facto monopoly in the markets for fixed income clearing (Deutsche Börse / London Stock Exchange)
King’s College (London)
,
DG COMP (Brussels)
,
DG COMP (Brussels)
DB/LSE - Assessing financial infrastructure markets: Network effects, service portfolios and viability of remedies* In a nutshell: The Commission prohibited the merger between the two largest European financial infrastructure groups, Deutsche Börse and London Stock Exchange, in March 2017. This (...)

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

The EU Commission clears merger between two global chemical companies, subject to remedies to ensure price and innovation competition in the markets for pesticides, petrochemicals (Dow / DuPont)
DG COMP (Brussels)
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
,
DG COMP (Brussels)
Dow/DuPont: protecting product and innovation competition * In a nutshell: The main concerns arising in the Dow/DuPont merger related to crop protection, on both product and innovation competition. Innovation is of key importance to this industry and the merging parties were two of only five (...)

The US Supreme Court of Delaware affirms termination of merger agreement due to the inability of a party to deliver a necessary tax opinion (Energy Transfer / Williams)
White & Case (New York)
,
White & Case (New York)
Resolving a dispute surrounding one of the largest M&A deals of 2015, the Delaware Supreme Court affirmed the Delaware Chancery Court’s decision allowing Energy Transfer Equity, L.P. to terminate its proposed acquisition of The Williams Companies, Inc. due to the inability of Energy (...)

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

The French Competition Authority fines companies for breaching commitments on fibre optic rollout (Altice / SFR)
Van Bael & Bellis (Brussels)
On 9 March 2017, the French Competition Authority (“FCA”) fined Altice and SFR Group € 40 million for violating commitments entered into with the FCA at the conclusion of its review of the Altice/SFR merger in October 2014. By way of background, the commitments required Altice/ SFR to honour an (...)

The UK Competition and Markets Authority is consulting on proposed changes to the UK merger regime to reduce the burden of investigations into mergers where the parties operate in small markets
Jones Day (London)
UK merger control process The UK operates a two-stage merger control regime. Before starting a formal merger investigation, the CMA will conduct pre-notification discussions with the parties, which typically last one to two months. Upon conclusion of these discussions, the CMA opens a formal (...)

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

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

The US FTC challenges a transaction which used a monopolisation theory to allege that it would eliminate nascent competition in the therapeutic adrenocorticotropic hormones (Questcor Pharmaceuticals / Mallinckrodt) New
McDermott Will & Emery (Washington)
The Federal Trade Commission (FTC) challenged a consummated transaction using a monopolization theory to allege that the acquisition would eliminate “nascent” competition for therapeutic adrenocorticotropic hormones (ACTH) in the United States. WHAT HAPPENED: Questcor Pharmaceuticals, Inc.’s (...)

The Indian Competition Authority fines merging parties for failure to disclose global acquisition of the healthcase antisepsis business (Schulke / ASP Division of Ethicon)
Vaish Associates (New Delhi)
CCI penalizes Schulke and Mayr GmBH (Schulke) for delayed filing in relation to the acquisition of Healthcare Antisepsis Solutions (HAS) business of Johnson & Johnson Private Limited (JJPL)* CCI, by its order dated January 13, 2017 has imposed a penalty of INR 25,00,000 on Schulke on (...)

The US FTC publishes its merger remedies report and signals tougher enforcement for designing and implementing remedies
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
,
Jones Day (Houston)
,
Jones Day (Washington DC)
The Federal Trade Commission staff have completed a new study evaluating its process for designing and implementing merger remedies and the success of the remedies it has imposed in the past. Its report—"The FTC’s Merger Remedies 2006-2012: A Report of the Bureaus of Competition and (...)

The US FTC issues its second report on merger remedies
Baker McKenzie (Chicago)
,
Baker McKenzie (Washington D.C.)
Expanding on the FTC’s divestiture study in 1999, on 19 January 2017, the FTC issued its second report, The FTC’s Merger Remedies 2006-2012: A Report of the Bureau of Competition and Economics. Recognizing that the efficacy of its remedies is critical to its mission, the key finding is that "the (...)

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

The Supreme Administrative Court of the Czech Republic confirms fine for not complying with structural commitments imposed in merger approval decision (Rewe / Plus Discount)
Skils (Prague)
On 21 December 2016, the Supreme Administrative court rejected cassation appeal of REWE Zentralfinanz eG (“REWE”) against the previous judgment of the Regional Court in Brno which rejected claim against the Czech Office for Protection of Competition (“Office”) alleging that the Office acted (...)

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

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

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

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

The Danish Maritime and Commercial Court requests the EU Court of Justice to provide guidance on gun-jumping test (Ernst & Young / KPMG)
Szecskay Attorneys at Law
CJEU requested to provide guidance on gun-jumping test* With Post Danmark I and II under their belts, it seems Danish courts are punching above their weight when it comes to contributing to the CJEU’s development of EU competition law through preliminary rulings. Yet another interesting (...)

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

The EU Commission clears the acquisition of a leading global professional social networking platform company by a leading global software company, subject to 5-year remedies that include monitoring and prevention of tying (Microsoft / LinkedIn)
European Commission - Legal Service (Brussels)
,
DG COMP (Brussels)
Microsoft/LinkedIn: Big data and conglomerate effects in tech markets* In a nutshell: The Microsoft/LinkedIn case is an important development in the Commission’s assessment of mergers involving data-related issues in tech industries. It provides further guidance on the framework for the (...)

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

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

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

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

The Belgian Competition Authority clears a merger subject to remedies in the sector of newspapers distribution and delivery of small parcels (AMP / LS Distribution Benelux / bpost)
Belgian Competition Authority (Brussels)
THE COMPETITION 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 clears a merger, subject to remedies, in the slaughtering and meat processing market (Sicavyl / Sicarev)
French Competition Authority (Paris)
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 German Competition Authority clears a merger, subject to remedies, in the food retail market (Coop / Rewe)
German Competition Authority (Bonn)
Bundeskartellamt clears acquisition of Coop by Rewe subject to conditions* The Bundeskartellamt has cleared the acquisition of the northern German food retailer Coop eG, Kiel, by REWE Markt GmbH, Cologne, subject to conditions. Coop operates around 200 supermarkets in the federal states of (...)

The EU Commission clears a merger, subject to remedies, in the alumina sector (Alteo ARC and Alufin / Imerys)
DG COMP (Brussels)
Mergers: Commission approves acquisition of Alteo ARC and Alufin by Imerys, subject to conditions* The European Commission has cleared under the EU Merger Regulation the proposed acquisition of Alteo ARC and Alufin by Imerys of France. The clearance is conditional on the divestment of Alteo (...)

The EU Commission clears acquisition of global laser manufacturer by its leading competitor, subject to conditions (Coherent / Rofin-Sinar)
DG COMP (Brussels)
Coherent/Rofin-Sinar: Merger between leading CO2 laser suppliers cleared in phase I subject to conditions* In a nutshell: After the Bundeskartellamt had prohibited Coherent’s acquisition of Excel (now Synrad) in 2006, Coherent announced in 2016 its intention to acquire Rofin-Sinar; another (...)

The UK Competition Authority orders structural remedies to clear a merger on the market of energy trading services (Intercontinental Exchange / Trayport)
Van Bael & Bellis (Brussels)
On 17 October 2016, the UK Competition and Markets Authority (“CMA”) ordered Intercontinental Exchange Inc. (“ICE”) to sell Trayport to a new owner, to be approved by the CMA, in order to preserve competition on the market for the supply of certain energy trading services. ICE is the largest (...)

The UK Competition Authority accepts merger remedies proposed by petrol and diesel retailers (Dover / Wayne)
British Competition Authority - CMA (London)
CMA ACCEPTS REMEDIES IN FUEL PUMPS MERGER* The CMA has accepted undertakings from Dover to remedy competition concerns arising from its merger with Wayne. This follows the Competition and Markets Authority’s (CMA) intervention to ensure that choice is maintained for petrol and diesel retailers (...)

The EU Commission clears a merger, subject to remedies, in the market of train equipments (Wabtec / Faiveley)
DG COMP (Brussels)
Mergers: Commission approves acquisition of Faiveley by Wabtec, subject to conditions* Brussels, 4 October 2016 After an in-depth investigation under the EU Merger Regulation, the European Commission has cleared the proposed acquisition of Faiveley Transport of France by US-based Wabtec. The (...)

The EU Commission clears acquisition between two of the world’s largest rail equipment manufacturers, subject to divestment of the overlapping friction materials business (Wabtec / Faiveley)
DG COMP (Brussels)
,
DG COMP (Brussels)
,
DG COMP (Brussels)
Wabtec/Faiveley - Braking News: Commission conditionally clears acquisition in train equipment sector* In a nutshell: The Commission cleared the acquisition of Faiveley Transport by Wabtec, subject to conditions. This case required the assessment of the effects of a merger with a potential (...)

The French Competition Authority clears a merger, subject to remedies, in the agriculture sector (Agri-Négoce / Axéréal Participations)
French Competition Authority (Paris)
The Autorité de la concurrence clears the acquisition of sole control of Agri-Négoce by Axéréal Participations, subject to commitments* On 21 April 2016, the company Axéréal Participations, subsidy of the farming cooperative Axéréal, notified the Autorité de la concurrence of the acquisition of sole (...)

The UK Competition Authority accepts remedies proposed by a supplier of fruit juice and clears the merger (Hain / Orchard)
British Competition Authority - CMA (London)
CMA accepts fruit juice merger remedies* The CMA has accepted Hain’s undertaking to sell its own-label fruit juice business to an approved buyer. Hain Frozen Foods UK Ltd (Hain) bought Orchard House Foods Ltd (Orchard) in December 2015. Both are major suppliers of own-label freshly squeezed (...)

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

The French Competition Authority clears a merger subject to remedies in the airports market (Aéroports de Lyon / Vinci Airports)
French Competition Authority (Paris)
THE AUTORITÉ DE LA CONCURRENCE CLEARS THE ACQUISITION OF AÉROPORTS DE LYON BY VINCI AIRPORTS, SUBJECT TO COMMITMENTS* On 6 September 2016, Vinci Airports, a subsidiary of the Vinci group, notified the Autorité de la concurrence of its acquisition of sole control of Aéroports de Lyon, the company (...)

The EU Commission approves a joint venture between the third and fourth largest telecom operators in Italy subject to structural remedies (Hutchison / VimpelCom)
Cleary Gottlieb Steen & Hamilton (Rome)
European Commission approves a joint venture between the third and fourth largest telecom operators in Italy subject to structural remedies* On 1 September 2016 the European Commission approved a proposed joint venture between Vimpelcom and CK Hutchison, respectively the owners of Wind and H3G (...)

The Indian Competition Appellate Tribunal upholds the Competition Authority’s fine for gun jumping imposed on manufacturer of industrial chemicals and fertilizers (SCM Soilfert / Deepak Fertilizers and Petrochemicals)
Vaish Associates (New Delhi)
COMPAT upholds penalty imposed on SCM Soilfert for “gun-jumping”* COMPAT by its order dated August30, 2016 has upheld the penalty imposed by the CCI on SCM Soilfert for failure to file a notice under Section 6(2) of the Competition Act, 2002 (the Act) for a combination. Deepak Fertilizers and (...)

The UK Competition Authority imposes a behavioural commitments akin to a structural divestment on an undertaking specialist in the magazine sector (Future / Miura) New
McDermott Will & Emery (Paris)
UK CMA IMPOSES BEHAVIOURAL COMMITMENTS AKIN TO A STRUCTURAL DIVESTMENT: THE SCI-FI MAGAZINES CASE* Divestments often constitute the most appropriate remedy to resolve antitrust concerns in the context of merger control. However, behavioural commitments may also have the same commercial effects (...)

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

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

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

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

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

The Indian Competition Authority approves a merger and amalgamation between two insurance companies (L&T General Insurance / HDFC Ergo)
Vaish Associates (New Delhi)
CCI approves acquisition and amalgamation between HDFC Ergo and L&T* The proposed combination relates to acquisition of 100% shareholding in L&T General Insurance Company Limited (“LTGI”) by HDFC Ergo General Insurance Company Limited (“HDFC Ergo”) from Larsen and Toubro (L&T). (...)

The Chinese MOFCOM conditionally clears a merger in the market of production and sale of beer (AB InBev / SABMiller)
Hogan Lovells (Beijing)
,
University of Melbourne
,
China Competition Bulletin (Beijing)
On 29 July 2016, AB InBev’s acquisition of SABMiller was conditionally approved by the MOFCOM. With the acquisition, AB InBev acquires SABMiller’s 49% interest in CR Snow. When Anheuser-Busch acquired InBev back in 2008, the MOFCOM approved that acquisition on the condition that, inter alia, if (...)

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

The US FTC requires divestitures in many local markets (Ahold / Delhaize)
Dechert (Washington)
,
Dechert (Washington)
FTC Requires Divestitures in Ahold/Delhaize of 81 Stores and Gives Upfront Buyers More Time to Complete Acquisitions; Continues Focus on "Traditional Supermarket" Competition Key Points: The U.S. Federal Trade Commission (FTC) required divestitures in many local markets in Ahold/Delhaize (...)

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

The EU Commission conditionally clears an acquisition in market for satellite launch services (Arianespace / ASL)
Van Bael & Bellis (Brussels)
On 20 July 2016, the European Commission conditionally cleared the acquisition of Arianespace by Airbus Safran Launchers (“ASL”). Arianespace is a French company offering satellite launch services to private and institutional satellite operators. ASL is a 50/50 joint venture controlled by Airbus (...)

The US DoJ fines a record $11 million an activist investor for violations of the HSR Act and agreed to injunctive relief to settle allegations (ValueAct)
Simpson Thacher & Bartlett (New York)
,
Office of the New York State Attorney General (New York)
On July 12, 2016, the US Department of Justice (“DOJ”) announced that activist investor ValueAct Capital agreed to pay a record $11 million fine and also agreed to injunctive relief to settle allegations that ValueAct violated the Hart-Scott-Rodino Antitrust Improvements Act of 1976, 15 U.S.C. § (...)

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

The EU Commission clears acquisition between two automotive component manufacturers in the markets for plastic front bumpers, rear bumpers, and front end modules (FEM), subject to conditions (Plastic Omnium / Faurecia )
DG COMP (Brussels)
,
DG COMP (Brussels)
,
DG COMP (Brussels)
Plastic Omnium/Faurecia Exterior Business: The use of delivery distances in defining the geographic market and how supplyside concentration cancels out buyer power* In a nutshell: An in-depth assessment of the customers’ sourcing behaviour and of the Parties delivery distance allowed the (...)

The Hellenic Competition Authority clears, subject to remedies, a merger on the market for the provision of stevedoring and storage of domestic containerized cargo services (Cosco / Piraeus Port Authority)
Hellenic Competition Authority (Athens)
Clearance of the proposed acquisition by COSCO (HONG KONG) GROUP LIMITED of sole control over PIRAEUS PORT AUTHORITY S.A. subject to conditions* The Hellenic Competition Commission (HCC) has cleared today the notified concentration between PIRAEUS PORT AUTHORITY S.A. (PPA S.A.) and COSCO (HONG (...)

The UK Competition and Markets Authority orders divestment of Scottish assets following a merger (Iron Mountain / Recall)
Van Bael & Bellis (Brussels)
On 16 June 2016, the UK’s Competition and Markets Authority (“CMA”) published its final report into Iron Mountain’s acquisition of Recall, following a six-month in-depth phase II investigation. Both companies are active in records and information management services (“RIMS”). The CMA con- cluded (...)

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

The OECD holds a roundtable on public interest considerations in merger control
OECD - Competition Division
Executive summary, by the Secretariat * Considering the discussion at the roundtable held by Working Party No. 3 on Co-operation and Enforcement on 14 June 2016, the delegates’ submissions, the panellists’ presentations and the Secretariat’s background paper, several points emerged: 1. (...)

The Organisation for the Economic Co-operation and Development holds a roundtable on jurisdictional nexus in merger control regimes
OECD - Competition Division
Executive summary, by the Secretariat * Considering the discussion at the roundtable held by Working Party No.3 on Co-operation and Enforcement on 15June 2016, the delegates’ submissions, the panellists’ presentations and the Secretariat’s background paper, several points are noted: 1. Merger (...)

The French Competition Authority refuses to lift the ban on exclusive broadcasting of premium sports channels pronounced against a pay TV channel (Canal Plus)
French Competition Authority (Paris)
The Autorité de la concurrence considers that the conditions are not currently satisfied to lift the ban on exclusive broadcasting of premium sports channels pronounced on Canal Plus. * The Autorité will engage, during the upcoming twelve months, in an in-depth work in dialogue with all the (...)

The UK Competition Authority opens an in-depth investigation regarding a merger in the market for brokerage of oil products (Tullett / ICAP)
British Competition Authority - CMA (London)
Broker merger faces an in-depth investigation* Tullett’s anticipated acquisition of ICAP’s voice/hybrid broking business faces being referred for an in-depth investigation by the CMA. Tullett Prebon plc (Tullett) and ICAP plc (ICAP) are leading global interdealer brokers, companies that (...)

The Chinese MOFCOM releases a company from conditions previously imposed in an e-commerce merger (Wal-Mart / Yihaodian)
China Competition Bulletin (Beijing)
,
University of Melbourne
,
University of Melbourne
On 30 May 2016, the MOFCOM decided to release Wal-Mart from the conditions that it had imposed on Wal- Mart’s acquisition of Yihaodian in 2012. Wal-Mart had applied for release from these conditions in July 2015. When the MOFCOM conditionally approved Wal-Mart’s acquisition in 2012, the (...)

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

The EU Commission clears acquisition between two global building materials companies active in the cement markets, subject to divestment of geographically overlapping business (HeidelbergCement / Italcementi)
Freshfields Bruckhaus Deringer (Brussels)
,
DG COMP (Brussels)
HeidelbergCement/Italcementi: Let’s get concrete…* In a nutshell: Two global cement players merged and although their footprint in Europe is rather complementary, their activities overlapped to a great extent in Belgium in a number of markets. In order to remedy the serious doubts in first (...)

The EU Commission clears a merger subject to remedies in the European beer market (AB InBev / SABMiller)
Van Bael & Bellis (Brussels)
On 24 May 2016, the Commission cleared the proposed acquisition of SABMiller, the world’s second largest brewer, by AB InBev, the world’s largest brewer. AB Inbev’s brands include Corona, Stella Artois and Budweise. SABMiller owns brands such as Miller, Peroni, Pilsner Urquell and Grolsch. The (...)

The EU Commission clears acquisition between two largest global brewers, respectively third and fourth in Europe, subject to conditions (AB InBev / SABMiller)
DG COMP (Brussels)
,
DG COMP (Brussels)
ABI/SAB: The emergence of a global beer giant and its challenges for merger review* In a nutshell In May this year, the European Commission approved the acquisition of SABMiller by Anheuser-Busch InBev subject to conditions. The Commission found in its phase I investigation that the (...)

The Indian Competition Authority approves acquisition of film exhibition business by a cinema theatre company subject to conditions (PVR / DUL)
Vaish Associates (New Delhi)
CCI approves PVR’s acquisition of DLF’s cinema exhibition business with modifications* CCI, by its order dated May 04, 2016, has approved acquisition of DLF’s film exhibition business, subject to modifications. The proposed combination relates to acquisition by PVR of DLF Utilities Limited (DUL) (...)

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

The French Competition Authority clears a merger, subject to remedies, on the smoked trout market (Aqualande Group / Labeyrie)
French Competition Authority (Paris)
The Autorité de la concurrence clears the acquisition of joint control of the Aqualande Group by Labeyrie together with the agricultural cooperative Les Aquaculteurs Landais, subject to commitments* On 21 January 2016, Labeyrie and Les Aquaculteurs Landais notified the Autorité de la concurrence (...)

The EU Commission conditionally approves a merger subject to divestment commitments and behavioural conditions in the payment services and terminals sector (Equens / Worldline)
Van Bael & Bellis (Brussels)
On 20 April 2016, the European Commission (“Commission”) approved the acquisition by Worldline of Equens (and its subsidiary PaySquare) under the EU Merger Regulation, subject to divestment commitments and behavioural conditions. Worldline is the incumbent operator of payment services and (...)

The EU Commission clears the acquisition of two undertakings subject to commitment to license technology to any customer interested at FRAND conditions (Equens / Wordline)
McDermott Will & Emery (Brussels)
EU: MERGER CASE CLEARED FOLLOWING OFFER OF FRAND TECHNOLOGY LICENSE* On 20 April 2016, the European Commission (Commission) cleared, under its merger control rules, the acquisition of Equens and PaySquare by Worldline subject to, amongst others, a commitment to license technology to any (...)

The French Competition Authority fines a mobile phone company for non-compliance with some of its merger remedies (SFR / Numéricable)
French Competition Authority (Paris)
Overseas Mobile Telephony* The Autorité de la concurrence fines Altice/Numericable group for non-compliance with some of the commitments linked to the divestiture of Outremer Telecom’s mobile telephony business made at the time of its acquisition of SFR. Having observed the non-compliance by (...)

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

The Belgian Competition Authority clears a merger subject to remedies in the market of multiplex cinemas (Kinepolis / Utopolis)
Belgian Competition Authority (Brussels)
THE BELGIAN COMPETITION AUTHORITY (BCA) HAS APPROVED WITH REMEDIES THE ACQUISITION BY KINEPOLIS OF TWO OF THE FOUR MULTIPLEX CINEMAS OF UTOPOLIS The Competition College of the Belgian Competition Authority has approved on 25 March 2016 the acquisition by Kinepolis of two of the four Utopolis (...)

The EU Commission clears a merger subject to remedies in the retail and wholesale fuels markets (Statoil Fuel / Shell)
DG COMP (Brussels)
Mergers: Commission approves Statoil Fuel and Retail’s takeover of Shell’s Dansk Fuels, subject to conditions* The European Commission has approved under the EU Merger Regulation the proposed acquisition of Shell’s Danish retail and wholesale fuels business, Dansk Fuels, by Alimentation (...)

The Belgian Competition Authority clears a merger, subject to remedies, in the food retail market (Ahold / Delhaize)
Belgian Competition Authority (Brussels)
THE COMPETITION COLLEGE OF THE BCA HAS AUTHORISED THE MERGER OF AHOLD AND DELHAIZE WITH REMEDIES* The Competition College of the Belgian Competition Authority has authorised on the 15th of March 2016 the merger of Delhaize SA and Royal Ahold NV with the remedies proposed by the parties. The (...)

The Belgian Competition Authority approves acquisition subject to remedies in the food retail market (Delhaize / Ahold)
Van Bael & Bellis (Brussels)
On 15 March 2016, the Competition College of the Belgian Competition Authority (“BCA”) approved the acquisition of Delhaize Group by Ahold, subject to a number of conditions. Delhaize (Belgium) and Ahold (The Netherlands) are two major food retailers active in their home countries as well as in (...)

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

The EU Commission clears acquisition of fourth largest global manufacturer of generic medicines by the largest global competitor, subject to complex remedies and monitoring, including addressing concerns about vertical relationships between parties for the first time in a generics merger (Teva / Allergan Generics)
DG COMP (Brussels)
,
DG COMP (Brussels)
,
DG COMP (Brussels)
Teva/Allergan Generics: An unprecedented generics merger* In a nutshell While the Commission has had significant experience dealing with mergers in the generic medicines industry, the sheer scale of Teva/Allergan Generics, combining two of the top four players globally, posed a number of (...)

The EU Commission clears a merger, subject to remedies, in the market of consumable dental products for professional dental (Dentsply / Sirona)
DG COMP (Brussels)
MERGERS: COMMISSION APPROVES DENTSPLY ACQUISITION OF DENTAL EQUIPMENT SUPPLIER SIRONA, SUBJECT TO CONDITIONS * The European Commission has approved under the EU Merger Regulation the proposed acquisition of dental equipment supplier Sirona by Dentsply, both of the US, subject to conditions. (...)

The French Competition Authority clears a merger, subject to remedies, in the market of retail of cultural and electronic products (Fnac / Darty)
French Competition Authority (Paris)
RETAILING OF "BROWN" AND "GREY" PRODUCTS* The Autorité de la concurrence clears, subject to the divestiture of 6 stores in Paris and the Parisian region, the acquisition of the Darty company by the Fnac group On 17 February 2016, the Fnac group notified its project to take over Darty to the (...)

The EU Commission clears a merger subject to remedies in the office supplies market (Staples / Office Depot)
DG COMP (Brussels)
Mergers: Commission approves Staples’ acquisition of Office Depot, subject to conditions* Following an in-depth review, the European Commission has approved under the EU Merger Regulation the acquisition of office supplies distributor Office Depot by Staples, subject to conditions. Following (...)

The EU Commission approves a merger after an in-depth investigation and subject to a divestment (Staples / Office Depot)
DG COMP (Brussels)
,
DG COMP (Brussels)
,
DG COMP (Brussels)
1. Introduction On 10 February 2016, the European Commission (the Commission) conditionally approved the acquisition of Office Depot by its rival Staples. Both companies are US-based global suppliers of stationery and other office products to private consumers and businesses. The Commission (...)

The EU Commission clears acquisition of global office supplies company by its leading competitor, subject to conditions, but the acquisition is subsequently rejected by U.S. Federal Trade Commission (Staples / Office Depot)
DG COMP (Brussels)
,
DG COMP (Brussels)
,
DG COMP (Brussels)
Staples/Office Depot: House of Paper* In a nutshell: In February this year, the European Commission approved the acquisition of Office Depot by Staples. Three months later, the US District Court for the District of Columbia granted the FTC’s request for a preliminary injunction to block the (...)

The EU Commission conditionally approves a merger in the telecommunications sector (Liberty Global’s / BASE)
Van Bael & Bellis (Brussels)
On 4 February 2016, the European Commission conditionally approved the acquisition of Belgian mobile network operator (“MNO”) BASE by Liberty Global, which controls the Belgian telecommunications operator and mobile virtual network operator (“MVNO”) Telenet. Telenet has a significant position in a (...)

The EU Commission approves acquisition of a mobile network operator by virtual mobile network operator, subject to fix-it-first remedies (Liberty Global / BASE)
DG COMP (Brussels)
,
DG COMP (Brussels)
,
DG COMP (Brussels)
LIBERTY GLOBAL / BASE: FIWING IT FIRST IN THE BELGIAN MOBILE MARKET* In a nutshell: Liberty Global/BASE entailed the acquisition of a mobile network operator by a mobile virtual network operator. The transaction prompted an in-depth investigation and was ultimately cleared with a fix-it-first (...)

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

The EU Commission corrects second time around a merger decision in the publishing sector after a defect was raised by the EU Court of Justice (Editions Odile Jacob)
McDermott Will & Emery (Paris)
As a general proposition, when the validity of a European Commission antitrust decision is challenged before the General Court of the European Union (GCEU), the procedure is one of judicial review, not a retrial on the merits (although the GCEU does have special jurisdiction to increase or (...)

The EU Court of Justice confirms that the presence of the same person in either the managerial or supervisory boards of two companies does not establish a relationship of dependency between two undertakings (Odile Jacob / VUP & Lagardère) New
McDermott Will & Emery (Paris)
THE EU COURT OF JUSTICE BRINGS TO AN END ODILE JACOB’S FIGHT AGAINST LAGARDÈRE’S PURCHASE OF VIVENDI UNIVERSAL PUBLISHING* By its judgment of 28 January 2016 (C-514/14 P, Editions Odile Jacob SAS v Commission), the European Court of Justice (Court) upheld the General Court of the European Union’s (...)

The EU Commission clears a merger subject to remedies in the market of beverage can manufacturing (Ball / Rexam)
DG COMP (Brussels)
MERGERS: COMMISSION APPROVES BALL’S ACQUISITION OF REXAM, SUBJECT TO CONDITIONS* Following an in-depth review, the Commission has approved under the EU Merger Regulation the acquisition of beverage can manufacturer Rexam by rival Ball, subject to the divestment of 12 plants in the EEA. Ten of (...)

The EU Commission clears acquisition of global number 2 beverage can manufacturer by global number 1, subject to divesting almost the entire business overlap in Europe (Ball / Rexam)
DG COMP (Brussels)
,
European Commission (Brussels)
,
DG COMP (Brussels)
Ball/Rexam: The beverage can merger – keeping an eye on the Ball* In a nutshell: In January 2016, the Commission cleared the acquisition of the global #2 beverage can manufacturer Rexam by the global #1 Ball, subject to the divestiture of nearly the whole overlap in Europe. A key feature of the (...)

The Competition Commission of India updates its Merger Regulations
Shardul Amarchand Mangaldas (New Delhi)
,
Shardul Amarchand Mangaldas (New Delhi)
,
Shardul Amarchand Mangaldas (New Delhi)
The Indian merger control regime under the Competition Act, 2002 has been in force for nearly five years. In addition to the statutory provisions, the Combination Regulations were introduced by the Competition Commission of India in 2011 . These Regulations contain detailed rules on (...)

The EU Commission clears a merger subject to remedies in the market of heating products (Elster / Honeywell)
DG COMP (Brussels)
MERGERS: COMMISSION APPROVES ACQUISITION OF ELSTER BY HONEYWELL, SUBJECT TO CONDITIONS* The European Commission has approved under the EU Merger Regulation the proposed acquisition of Elster by Honeywell, subject to divestment of Honeywell’s gas metering business. The activities of the Elster (...)

The UK Competition Authority opens an in-depth investigation regarding a merger in the computer-based testing sector after considering proposed remedies to be insufficient (Pearson / Learndirect)
British Competition Authority - CMA (London)
CMA refers computer-based testing merger for in-depth investigation* The CMA has referred Pearson VUE’s anticipated acquisition of learndirect’s computer-based testing business for a phase 2 investigation. Earlier this month, the Competition and Markets Authority (CMA) said that it would refer (...)

The French Competition Authority clears, subject to remedies, a merger in the fast food market (Quick / Burger King)
French Competition Authority (Paris)
The Autorité de la concurrence clears the acquisition of Quick by Burger King, subject to commitments.* On 4 November 2015, Burger King France notified to the Autorité de la concurrence the acquisition of sole control of the Quick group. Burger King France operates a network of thirty (...)

The Italian Competition Authority conditionally clears a merger between two major ferry operators (Onorato Partcipazioni-Newco / Moby-Compagnia Italiana di Navigazione)
Desogus Law Office (Cagliari)
Introduction By the decision made on 10 December 2015 in Onorato Partcipazioni-Newco/Moby-Compagnia Italiana di Navigazione (OP/Moby-CIN), the Italian Competition Authority (ICA) has conditionally cleared a concentration involving two major ferry operators active on maritime routes connecting (...)

The EU Commission clears a merger, subject to remedies, on the market of chemicals for the mining industry (Solvay / Cytec)
DG COMP (Brussels)
The EU Commission clears a merger, subject to remedies, on the market of the chemicals for the mining industry (Solvay / Cytec)* The European Commission has approved under the EU Merger Regulation the proposed acquisition of Cytec by Solvay. The decision is conditional on Solvay’s divestment (...)

The Chinese MOFCOM approves a merger in the semiconductor industry subjecting it to a fix-it first remedy (NXP / Freescale)
University of Melbourne
,
China Competition Bulletin (Beijing)
,
Hogan Lovells (Beijing)
NXP’s acquisition of Freescale was conditionally approved by the MOFCOM on 27 November 2015. Both companies are major players in the semiconductor industry. The notification was first accepted in May 2015 and review had entered extended phase 2, but the notification was withdrawn and then (...)

The EU Commission approves the acquisition by rival of a data centre operator subject to the divestment of a number of data centres in Amsterdam, London and Frankfurt (Telecity / Equinix)
DG COMP (Brussels)
MERGERS: COMMISSION CLEARS ACQUISITION OF TELECITY BY EQUINIX, SUBJECT TO CONDITIONS* The European Commission has approved the proposed acquisition of data centre operator Telecity by rival Equinix subject to the divestment of a number of data centres in Amsterdam, London and Frankfurt. The (...)

The Italian Competition Authority clears a merger between media operators by imposing a divestiture remedy (Libero Acquisition / Seat Pagine Gialle)
Desogus Law Office (Cagliari)
By a decision made on 11 November 2015 the Italian Competition Authority (ICA) has closed a II-phase investigation into the proposed acquisition of Seat Pagine Gialle (Seat) by Libero Acquisition (Libero) in the Libero Acquisition/Seat Pagine Gialle case . The merging parties were media (...)

The EU Commission approves the creation of a joint venture between two of the world’s leading coffee manufacturers, subject to conditions (DEMB / Mondelēz)
DG COMP (Brussels)
,
DG COMP (Brussels)
,
DG COMP (Brussels)
"Some like it hot! – coffee merger between DEMB and Mondelēz"* In a nutshell Coffee products belong to a differentiated market where the evaluation of closeness of competition is key to the competitive assessment. Internal documents, views of market participants and economic analysis (...)

Merger remedies and competition law: An overview of EU and national case law
Këllezi Legal (Geneva)
,
Lachenal & Lefort
Remedies are an important tool for competition authorities in merger control. In most jurisdictions, prohibitions can be avoided by crafting remedies able to resolve competition law concerns. The design and implementation of merger remedies have evolved during the last two decades. Merger (...)

Merger Remedies: An overview of EU and national case law
Quinn Emanuel Urquhart & Sullivan (Brussels)
,
Shearman & Sterling (Brussels)
Introduction If a competition authority considers that a transaction it is reviewing will have a sufficiently negative effect on competition “a significant impediment to effective competition” to borrow the language of the European Commission, the authorities and the companies together reach a (...)

The UK Competition Authority removes several structural merger undertakings given before 1 January 2005 concerning eleven cases
British Competition Authority - CMA (London)
CMA presses on with remedies removal* The CMA is continuing its drive to ensure that its remedies do not stay in place longer than needed. As part of a series of such reviews, the Competition and Markets Authority (CMA) has looked at remedies resulting from 13 merger investigations and (...)

The Competition and Consumer Protection Commission of Ireland clears the acquisition subject to a number of structural remedies in the fuel sector (Topaz / Esso)
Economic & Social Research Institute
Introduction 1 On 15 October 2015 the Competition and Consumer Protection Commission (CCPC), Ireland’s competition agency, cleared the acquisition by Topaz Investments Limited (Topaz) of Esso Ireland Limited (Esso Ireland), a wholly owned by the Exxon Mobil Corporation, subject to a number of (...)

The French Competition Authority opens ex officio proceedings to review whether a internet provider has respected its merger remedies (SFR / Bouygues Telecom)
French Competition Authority (Paris)
SFR/Bouygues Telecom agreement to deploy fibre in very densely populated areas* Following a complaint made by Bouygues Telecom, the Autorité de la concurrence has opened ex officio proceedings to review the conditions under which Numericable complies with its commitments made in relation to the (...)

The Mexican Competition Authority clears a merger subject to remedies in the supermarkets retail sector (Soriana / Comercial Mexicana)
Mexican Competition Authority (Mexico City)
COFECE conditions concentration1 between Soriana and Comercial Mexicana* Mexico City, October 8th 2015. - The Mexican Federal Competition Commission (COFECE) decided to challenge the concentration between Organización Soriana (Soriana) and Controladora Comercial Mexicana (CCM) in the terms in (...)

The Croatian Competition Authority acknowledges implementation of the structural divestment remedies and the conduct behavioural remedies imposed to a merger in the retail sector (Agrokor)
Croatian Competition Agency (Zagreb)
Agrokor complies with its commitment to divest its outlets under the decision of the CCA* The Croatian Competition Agency (CCA) accepted the second report of the trustee on the implementation of the structural divestment remedies and the conduct (behavioural) remedies in the concentration (...)

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

The French Competition Authority clears a merger subject to remedies on the hearing aid products market (Audika / William Demant)
French Competition Authority (Paris)
The Autorité de la concurrence clears, subject to commitments, the acquisition of Audika by William Demant.* On 28 May 2015, the William Demant group notified the Autorité de la concurrence of the acquisition of sole control of the Audika group. William Demant, one of the main manufacturers of (...)

The EU Commission clears a merger subject to remedies in the radio frequency power transistors market (NXP / Freescale)
DG COMP (Brussels)
MERGERS: COMMISSION APPROVES NXP’S ACQUISITION OF FREESCALE, SUBJECT TO CONDITIONS* The European Commission has approved the acquisition of Freescale by NXP, subject to divestment of NXP’s radio frequency power business, where the takeover could have led to higher prices and less competition. (...)

The EU Commission clears acquisition of global semiconductor manufacturer, subject to divestment of its radio frequency power business (NXP / Freescale)
DG COMP (Brussels)
,
DG COMP (Brussels)
,
DG COMP (Brussels)
NXP / Freescale: global remedies in a 3 to 3 semiconductor merger* In a nutshell: The case concerned the combination of two major semiconductor manufacturers active worldwide, which was reviewed in several jurisdictions. The Commission cooperated particularly closely with the US FTC to ensure (...)

The EU Commission clears a global energy leader’s biggest industrial acquisition of third largest competitor, subject to divesting part of the gas business to fifth largest competitor, and other remedies (General Electric / Alstom)
DG COMP (Brussels)
,
DG COMP (Brussels)
,
DG COMP (Brussels)
General Electric / Alstom: our heavy duty* In a nutshell: The GE/Alstom merger raised concerns in relation to the supply of Heavy Duty Gas Turbines, which are expected to play an important role in the coming decades in the European energy mix. The case is interesting amongst other factors (...)

Merger Remedies: An overview of EU and national case law
Queen Mary University (London)
When a concentration has a significant negative effect on effective competition in the market, parties may propose remedies (or in some jurisdictions remedies can be imposed by National Competition Authorities – NCAs) to eliminate these effects and thus to get clearance. Remedies is an (...)

The German Competition Authority clears a merger, subject to remedies, in the market of automotive spare parts (Trost Auto Service Technik / Wessels & Müller)
German Competition Authority (Bonn)
MERGER OF WHOLESALERS OF AUTOMOTIVE SPARE PARTS CLEARED SUBJECT TO CONDITIONS PRECEDENT* After an in-depth examination the Bundeskartellamt has cleared the acquisition of Trost Auto Service Technik SE, Stuttgart, by Wessels & Müller SE, Osnabrück, subject to conditions. Both companies sell (...)

The UK Competition Authority imposes remedies to clear an acquisition in the market of personal lubricants (Reckitt Benckiser / Johnson & Johnson)
British Competition Authority - CMA (London)
CMA ORDERS REMEDY TO MEET CONCERN OVER LUBRICANTS MERGER * The CMA has found that Reckitt Benckiser’s anticipated acquisition of the K-Y brand could lead to higher prices for personal lubricants. In its final report published today, the Competition and Markets Authority (CMA) has concluded the (...)

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

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

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

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

The EU Commission clears a merger, subject to remedies, in the market of industrial chocolate (ADM / Cargill)
DG COMP (Brussels)
Commission approves Cargill’s acquisition of ADM’s industrial chocolate business, subject to conditions* The European Commission has approved under the EU Merger Regulation the proposed acquisition of the industrial chocolate business of Archer Daniels Midland (’ADM’) by Cargill, subject to (...)

The UK Competition Authority decides to open an in-depth investigation in the market of processing of animal by-products in an effort to obtain acceptable remedies (Linergy / UFBP)
British Competition Authority - CMA (London)
Rendering merger faces in-depth investigation unless undertakings offered* Linergy’s acquisition of Ulster Farm By-Products will be referred for an in-depth phase 2 investigation unless acceptable undertakings are offered. The Competition and Markets Authority (CMA) has found that the (...)

The Italian Competition Authority conditionally clears a concentration between two regional energy firms (Società Elettrica Altoatesina / Azienda Energetica)
Desogus Law Office (Cagliari)
By a decision made on 15 July 2015 the Italian Competition Authority (ICA) has conditionally cleared a concentration between two publicly held regional energy firms, Società Elettrica Altoatesina (SEL) and Azienda Energetica (AE), operating in the North-east of Italy in the province of Bolzano. (...)

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

The Danish Competition Authority clears a merger, with structural remedies proposed by the undertaking itself, in the market for poultry feed (Danish Agro)
Danish Competition and Consumer Authority (Copenhagen)
Divestment of production facilities proves necessary for the approval of agricultural inputs merger* Danish Agro commits itself to divest two production facilities to receive the approval of the merger with Dan Agro, which owns Hedegaard Agro. The merger was approved by the Danish Competition (...)

The EU Commission approves a joint venture for cross-border licensing of online music between three music collecting societies (PRSfM / STIM / GEMA)
DG COMP (Brussels)
Commission approves joint venture for cross-border licensing of online music between PRSfM, STIM and GEMA, subject to commitments* Following an in-depth investigation, the European Commission has approved under the EU Merger Regulation the proposed creation of a joint venture for (...)

The EU Commission conditionally approves online rights licensing and administration joint venture between collective management organisations (PRSfM / STIM / GEMA)
Van Bael & Bellis (Brussels)
On 16 June 2015, the EU Commission conditionally approved the proposed joint venture between music collective management organisations PRS for music Limited (“PRSfm”) of the UK, Föreningen Svenska Tonsättares Internationella musikbyrå u.p.a. (“STIm”) of Sweden, and Gesellschaft für musikalische (...)

The EU Commission clears a merger subject to remedies in the pharmaceutical sector (Merck / Sigma-Aldrich)
DG COMP (Brussels)
MERGERS: COMMISSION APPROVES ACQUISITION OF SIGMA-ALDRICH BY MERCK, SUBJECT TO CONDITIONS * The European Commission has approved the proposed acquisition of Sigma-Aldrich by Merck under the EU Merger Regulation. Both companies are active world-wide in the life science sector. The decision is (...)

The French Competition Authority approves the sale of an oversea telecom company, a mandatory condition to clear a merger in the market of mobile telephony (SFR / Numéricable)
French Competition Authority (Paris)
Acquisition of SFR by Numericable: France’s Competition authority and ARCEP approve the sale to the firm Hiridjee of the Outremer Telecom mobile operations that Numericable agreed to divest in La Réunion and Mayotte* On 30 October 2014, the Autorité de la concurrence approved the sale of SFR to (...)

The EU Commission conditionally approves the acquisition of a life science company affecting the market for laboratory chemicals (Merck / Sigma-Aldrich)
DG COMP (Brussels)
,
DG COMP (Brussels)
,
DG COMP (Brussels)
Merck/Sigma-Aldrich: the 200,000 products case* In a nutshell: In the life science case Merck/Sigma-Aldrich, the Commission focused for the first time on "laboratory chemicals", a term that covers hundreds of thousands of specialty chemicals. The Commission identified concerns regarding the (...)

The Belgian Competition Authority lifts four-year old merger conditions from the conditional approval of an acquisition (Proximus / The Phone House)
Van Bael & Bellis (Brussels)
On 8 June 2015, the Belgian Competition Authority (BCA) lifted four-year old merger conditions from the BCA’s conditional approval of the acquisition by telecommunications operator Proximus (formerly Belgacom) of telecommunications retailer The Phone House. In 2011, the BCA’s predecessor agency, (...)

The French Competition Authority clears a merger, subject to remedies in the regional daily press market (Les Journaux du Midi / La Dépêche du Midi)
French Competition Authority (Paris)
The Autorité de la concurrence clears, subject to conditions, the acquisition of Les Journaux du Midi by La Dépêche du Midi.* The La Dépêche du Midi Group is mainly active in the South/South-West of France, with the publication of the following regional daily press titles: La Dépêche du Midi, La (...)

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

The UK Competition and Markets Authority reviews a merger remedy in the market of media related services (GTCR Canyon / Gorkana)
British Competition Authority - CMA (London)
CMA consults on GTCR proposed undertaking* The CMA is consulting on a proposed undertaking in lieu of a reference in relation to GTCR’s acquisition of Gorkana Group. In April, the Competition and Markets Authority (CMA) announced it would consider in detail an undertaking proposed by GTCR (...)

The Japan FTC clears a merger subject to remedies in the market of manufacture and retail of paper and pulp products (Chuetsu Pulp & Paper / Oji Holdings)
Japan Fair Trade Commission (Tokyo)
THE JTFC REVIEWED THE PROPOSED ACQUISITION OF SHARES OF CHUETSU PULP & PAPER CO., LTD. BY OJI HOLDINGS CORPORATION * Receiving notification regarding the proposed acquisition of shares of Chuetsu Pulp & Paper Co., Ltd. (hereinafter referred to as “Chuetsu”) by Oji Holdings Corporation (...)

The EU Commission approves an acquisition in the telecommunications sector after a lengthy Phase II investigation and subject to extensive commitments (Orange / Jazztel)
Van Bael & Bellis (Brussels)
On 19 May 2015, the European Commission conditionally approved the acquisition of Jazztel by rival telecommunications provider Orange. The approval, after a lengthy Phase II investigation including a Statement of Objections issued in February, is subject to extensive commitments to facilitate a (...)

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

The French Competition Authority clears a merger subject to remedies between two gas providers in the intermediate and large-bulk LPG market (UGI France / Totalgaz)
French Competition Authority (Paris)
THE AUTORITÉ DE LA CONCURRENCE CLEARS, SUBJECT TO CONDITIONS, THE ACQUISITION OF TOTALGAZ BY UGI FRANCE, THE PARENT COMPANY OF ANTARGAZ * Among the commitments discussed and negotiated with the Autorité, UGI shall, in particular, be obliged to divest its stakes in the capital of several LPG (...)

The Indian Competition Authority approves a takeover of global HVAC business by competitor, subject to conditions (Johnson Controls / Hitachi Appliances)
Vaish Associates (New Delhi)
CCI approves combination proposed by Johnson Control Inc.* CCI vide its order dated May 7, 2015 approved the combination between Johnson Control Inc. (JCI), Hitachi Ltd. (Hitachi), and Hitachi Appliances, Inc. (HA). The proposed combination entails the acquisition of worldwide building (...)

The US DoJ blocks a merger between two semiconductor equipment suppliers because the combination would have threatened to diminish innovation (AMAT / TEL)
Doyle, Barlow & Mazard (Washington DC)
Mergers That Diminish Innovation Present Deal Risk* On April 27, 2015, the Department of Justice’s (“DOJ”) Antitrust Division released a statement regarding Applied Materials Inc. (“AMAT”) and Tokyo Electron’s (“TEL”) joint announcement that they abandoned their merger. The Antitrust Division’s (...)

The Finnish Competition and Consumer Authority lifts certain remedies imposed on a dairy processor and manufacturer in two earlier merger clearance decisions (Valio)
Merilampi Attorneys (Helsinki)
On 23 April 2015, the Finnish Competition and Consumer Authority (“FCCA”) issued a decision accepting Valio Oyj’s (“Valio”) application to lift certain conditions imposed on Valio in two earlier merger clearance decisions (Case No 1151/81/99 acquisition of the regional dairies Osuuskunta (...)

The Spanish Competition Authority clears the acquisition of the first national pay-tv provider by a direct competitor (Telefónica / DTS)
Linklaters (Madrid)
,
Linklaters (Madrid)
1 Introduction On 22 April 2015, seven months after it was notified of the incumbent telecoms operator Telefónica’s acquisition of sole control of Distribuidora de Televisión Digital, S.A. (“DTS”), the National Markets and Competition Authority (“CNMC”) cleared the deal subject to commitments . (...)

The Finnish Competition Authority clears a merger subject to remedies in the telephone and data communications services markets (Elisa Oyj / Anvia Oyj)
Finnish Competition and Consumer Authority (Helsinki)
THE FINNISH COMPETITION AND CONSUMER AUTHORITY (FCCA) GIVES CONDITIONAL ACCEPTANCE OF ACQUISITION OF ANVIA BY ELISA* The FCCA has today accepted conditionally the transaction whereby Elisa Oyj will gain control over Anvia Oyj. The conditions relate to broadband services on a landline network (...)

The Competition Commission of India imposes a structural remedy while approving an acquisition agreement between two multinational cement firms (Holcim / Lafarge)
University of Delhi (New Delhi)
In a recent decision (technically known as an ‘Order’), delivered on 30 March 2015, the Competition Commission of India (CCI) approved an agreement whereby the multinational cement manufacturer Holcim would acquire all the outstanding shares of another large cement multinational, Lafarge. India’s (...)

The Competition Commission of India approves a merger subject to remedies between two global players in the business of manufacture and retail of cement (Holcim / Lafarge)
Lakshmikumaran & Sridharan (New Delhi)
,
Lakshmikumaran & Sridharan (New Delhi)
Introduction Following one year of rigorous investigation and review process, the Competition Commission of India (CCI) approved the Holcim-Lafarge merger on 30 March, 2015 . CCI granted the final approval subject to the incorporation of certain remedies to the proposed merger. The merger (...)

The EU Commission conditionally clears a merger following an in-depth investigation (Zimmer / Biomet)
DG COMP (Brussels)
,
DG COMP (Brussels)
Introduction On 30 March 2015, the European Commission conditionally cleared Zimmer’s acquisition of Biomet, following an in-depth investigation. Zimmer and Biomet are two of the five leading competitors in the medical implants industry. The transaction was initially notified on 3 June 2014, (...)

The US FTC orders an oil company to terminate its storage and throughput rights in a key gasoline terminal sector (Par Petroleum) New
McDermott Will & Emery (Paris)
On March 18, 2015, the Federal Trade Commission (FTC) ordered Par Petroleum Corporation to terminate its storage and throughput rights at a key gasoline terminal in Hawaii. This action will settle FTC charges seeking to prevent Par’s acquisition of Koko’oha Investments, Inc. Notably, the market (...)

The US DoJ obtains disgorgement of profits for illegally consummated merger in the sector of city sightseeing by bus (Coach USA / City Sights / Twin America)
Doyle, Barlow & Mazard (Washington DC)
DOJ Obtains Disgorgement of Profits for Illegally Consummated Merger* On March 16, 2015, the Department of Justice (“DOJ”) and New York State Attorney General announced that they reached a settlement with Coach USA Inc., City Sights LLC and their joint venture, Twin America LLC, to remedy (...)

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

The Canadian Competition Authority clears a transaction in the media sector revealing a possible shift in the Bureau’s analytical framework for media mergers (TVA Group / Transcontinental)
Stikeman Elliott (Toronto)
MEDIA MERGERS AND THE COMPETITION BUREAU: IS THE MEDIUM THE MARKET? * The rapid growth of digital media in recent years and the simultaneous pressures on traditional media have led to a number of fascinating media transactions in which the Competition Bureau has had to confront the difficult (...)

The Pakistan Competition Commission clears a merger subject to remedies in the pharmaceutical sector (GSK / Novartis)
Competition Commission of Pakistan (Islamabad)
CCP approves acquisition of global vaccine business (excluding influenza business except in China) by GSK from Novartis* The Competition Commission of Pakistan (CCP) has approved acquisition of the global vaccines business (excluding influenza business except in China) of Novartis AG by (...)

The EU Commission conditionally clears the acquisition of a media company by a competitor (De Vijver Media / Liberty Global)
Ashurst (Milan)
European Commission clears acquisition of Belgian media company by Liberty Global subject to commitments* Last 24 February the European Commission cleared Liberty Global’s acquisition of a controlling stake in the Belgian media company De Vijver Media NV (“De Vijver”), subject to commitments. (...)

The Irish Competition Commission issues details of the merger remedies taken by an undertaking acting in the retail sector (Valeo Foods / Wardell Roberts)
Irish Competition Authority (Dublin)
Commission publishes details of the binding divestiture commitments by Valeo Foods UK Limited* On 17 February the Competition and Consumer Protection Commission (the Commission) cleared the proposed acquisition by Valeo Foods UK Limited (Valeo) of sole control of Wardell Roberts Limited and (...)

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

The UK Competition and Markets Authority spurs an undertaking specialized in rail services to offer merger remedies in order to resolve competition concerns and to avoid an in-depth merger investigation (ICRL)
British Competition Authority - CMA (London)
Stagecoach/Virgin consortium given chance to resolve limited competition concerns arising from the East Coast rail franchise award* ICRL, a subsidiary jointly owned by Stagecoach and Virgin Trains, has the chance to avoid an in-depth merger investigation into its successful bid to run the East (...)

The Finnish Consumer and Competition Authority lifts the remedy conditions originally attached to a reported merger (TV 4 / C More Group)
Dittmar & Indrenius (Helsinki)
Letting the Notifying Party Off the Hook* The Amendment of Remedy Conditions under Finnish Merger Control Law Post-Approval On February 6, 2015 the Finnish Consumer and Competition Authority (the ”FCCA”) published its approval of MTV Oy’s (“MTV”) application to lift the remedy conditions (...)

The Finnish Competition and Consumer Authority removes commitments imposed on broadcasting companies in the context of the acquisition of a pay-TV broadcaster (TV4/MTV)
Roschier (Helsinki)
On 27 November 2008, the Finnish Competition Authority (since then the Finnish Competition and Consumer Authority, "FCCA"), conditionally approved the acquisition of pay-TV broadcaster C More Group Ab ("C More") by TV4 Ab (“TV4”). The acquisition combined the broadcasting operations of MTV Oy (...)

The Norwegian Competition Authority conditionally clears a three-to-two merger in the telecom sector (TeliaSonera / Tele2 Norge)
Haavind (Oslo)
Commitments Package Saved 3-to-2 Mobile Merger* In February 2015 TeliaSonera, the Finnish-Swedish telecoms player, was given a green light to take over Tele2’s mobile operations in Norway. The Norwegian Competition Authority had voiced significant concerns over the deal, signalling that (...)

A US State Court rejects a proposed consent judgement for under-addressing the competitive harm (Commonwealth / Partners Healthcare System)
Simpson Thacher & Bartlett (New York)
,
New York State Executive Chamber
Massachusetts Court Unsettles Partners’ Hospital Merger By Nixing Consent Judgment* A Massachusetts state court on Thursday derailed the settlement of a challenge to the proposed merger of Partners Health System with rivals South Shore Health and Educational Corp. (South Shore Hospital) and (...)

The EU Commission conditionally approves a three part deal in the pharmaceutical sector (Novartis / GSK)
Van Bael & Bellis (Brussels)
On 28 January 2015, in two separate decisions, the European Commission conditionally approved a complex transaction between pharmaceuticals producers GlaxoSmithKline (GSK) and Novartis that will result in: (i) GSK’s acquisition of Novartis’ human vaccines business; (ii) the formation of a joint (...)

The EU Commission conditionally approves deals in the pharmaceutical sector extending its analysis of pipeline pharmaceutical products (Novartis / GSK)
DG COMP (Brussels)
,
DG COMP (Brussels)
,
DG COMP (Brussels)
"Protecting the drugs of tomorrow : competition and innovation in healthcare"* In a nutshell : In Novartis/GSK Oncology, the Commission extended its analysis of pipeline pharmaceutical products beyond those that are in advanced stages of development (phase III), to fully assess the (...)

The US FTC and the Canadian Competition Authority adopt a similar approach to grocery mergers (Albertsons / Sobeys / Loblaw)
Stikeman Elliott (Toronto)
GROCERY MERGERS IN THE UNITED STATES AND CANADA: SOMETHING TO CHEW ON* On January 27, the U.S. Federal Trade Commission announced a competition law remedy in respect of the Albertsons / Safeway grocery merger, requiring the divestiture of 168 supermarkets in 130 local markets in numerous (...)

The French Competition Authority opens ex officio proceedings to review the conditions under which a phone carrier complies with commitments (SFR / Numéricable)
French Competition Authority (Paris)
Acquisition of SFR by Numericable.* The Autorité de la concurrence opens ex officio proceedings to review the conditions under which Numericable complies with its commitment to divest Outremer Telecom’s mobile telephony activities in La Réunion and Mayotte. On 30 October 2014, the Autorité de la (...)

The Turkish Competition Board decides to grant conditional approval to a transaction based on the commitments offered by the acquiring company after evaluating the parties’ market positions and potential anticompetitive concerns (Bekaert / Pirelli)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The Turkish Competition Board’s (the " Board ") assessed the transaction concerning the acquisition of Pirelli Tyre SpA’s (“ Pirelli ”) steel tire cord business by NV Bekaert SA (" Bekaert ") in Turkey. During the Phase II review, the Board evaluated the parties’ market position and the potential (...)

The Polish Parliament amends the merger control procedure and expends powers of the Competition Authority
Hansberry Tomkiel (Warsaw)
Most important changes in the law The amended version of the Antitrust Act (Act on Competition and Consumer Protection of 16.02.2007, Dz. U. Z 2015 poz. 184) in force since January 2015, introduced fairly significant changes in the reporting of concentrations to the President of the Office for (...)

The Competition Appeal Tribunal upholds the merger decision of the UK Competition and Markets Authority in a maritime transport case (Eurotunnel / SeaFrance / MyFerryLink)
British Competition Authority - CMA (London)
The CMA has welcomed today’s judgment by the Competition Appeal Tribunal (CAT) to uphold the CMA’s decision to bar Eurotunnel from running its MyFerryLink service out of Dover, to safeguard competition.* The CAT’s judgment dismissed an appeal by Eurotunnel and Société Coopérative de Production de (...)

The Danish Competition Authority holds that companies have pre-implemented a merger under scrutiny, leading to the first case of gun jumping (KPMG / EY)
Gorrissen Federspiel (Copenhagen)
First case on gun jumping in Denmark* By terminating the agreement with KPMG International on the day of signing an agreement to join EY, KPMG Denmark pre-implemented the merger between KPMG Denmark and EY that the Danish Competition and Consumer Authority (DCCA) ruled in December 2014. It is (...)

The Chinese Ministry of Commerce implements its new provisions on imposing additional restrictive conditions on concentrations of business operators
King & Wood Mallesons (Beijing)
,
Freshfields Bruckhaus Deringer (Beijing)
Developments to the Merger Control Regime in China: MOFCOM’s Provisions on Imposing Additional Restrictive Conditions on Concentrations of Business Operators (for Trial Implementation)* With the collaboration of Al Wu, Sarah Eder and Lingbo Wei. On 4 December 2014, the Provisions of the (...)

The Stockholm District Court blocks an already completed merger for the first time (Swedbank Franchise / Svensk Fastighetsförmedling)
Vinge (Stockholm)
Historic court victory for Swedish Competition Authority* Stockholm District Court blocks the already completed takeover by Swedbank Franchise of Svensk Fastighetsförmedling Sweden’s first court judgment blocking a merger is a major victory for the Swedish Competition Authority. The court’s (...)

The US DoJ approves a merger under conditions in order to resolve a vertical antitrust concern in the vehicle air springs market (Continental / Veyance Technologies)
Doyle, Barlow & Mazard (Washington DC)
DOJ’s Approval of Continental AG’s Acquisition of Veyance Requires Remedy of a Vertical Concern* On December 11, 2014, the Department of Justice (“DOJ”) approved Continental AG’s $1.8 billion acquisition of Veyance Technologies with conditions. The settlement agreements requires Continental to (...)

The Chinese MOFCOM publishes penalty decisions regarding merger control for the first time (Unigroup / RDA Microelectronics) (Western Digital / Hitachi)
AnJie Law (Beijing)
,
AnJie Law (Beijing)
MOFCOM Steps Up: Penalty Decisions Regarding Merger Control Published for the First Time* Two months after the National Development and Reform Commission (“NDRC”) published its last high-profile anti-monopoly penalty decisions (e.g.Japanese Auto Parts and Bearing Manufacturers case, Audi and (...)

The Chinese MOFCOM publishes details of three administrative penalties imposed for breaches of the merger control rules (Western Digital / Ziguang)
Simmons & Simmons (Shenzhen)
,
Simmons & Simmons (Beijing)
,
Reed Smith (Beijing)
Welcome guidance provided on MOFCOM’s fining practices with the publication for the first time of penalties imposed for breaches of the merger control rules. On 08 December of 2014, the Ministry of Commerce of the People’s Republic of China (MOFCOM) published on its website details of three (...)

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

The Competition Council of Lithuania clears an acquisition subject to diversture on the alcoholic beverage market (Alita / Mineraliniai Vandenys)
Walless (Lithuania)
On December 5, 2014 Competition Council of the Republic of Lithuania (LCC) gave the green light for the concentration in the Lithuanian beverage market. One of the largest manufacturers of alcoholic beverage and the leading wholesaler of alcohol, tobacco and other consumer goods in Lithuania (...)

The Indian Competition Authority approves a merger of two global pharmaceutical companies subject to divestitures in seven markets for different formulations (Sun Pharma / Ranbaxy)
Vaish Associates (New Delhi)
Sun-Ranbaxy deal got conditional approval from CCI* CCI vide its order dated December 5, 2014 has conditionally approved the proposed merger between Sun Pharma and Ranbaxy (collectively called as “parties”), subject to the parties inter alia carrying out the divestiture of their products (...)

The Hellenic Competition Commission clears a merger subject to remedies in the market for chocolate milk and in the market for the procurement of raw milk (Delta / Mevgal)
Hellenic Competition Authority (Athens)
Clearance of the proposed acquisition by DELTA of MEVGAL, subject to conditions and obligations* HELLENIC REPUBLIC COMPETITION COMMISSION Athens, 1 December 2014, PRESS RELEASE Clearance of the proposed acquisition by the DELTA of MEVGAL, subject to conditions and obligations. The Hellenic (...)

The French Competition Authority clears, subject to remedies, a merger in the mobile virtual networks market (Virgin Mobile / Numericable)
French Competition Authority (Paris)
The Autorité de la concurrence clears Virgin Mobile’s acquisition by Numericable* The Autorité de la concurrence has cleared the acquisition of Omer Telecom Limited (“OTL”) by Numericable. OTL is a virtual mobile phone operator operating under the Virgin Mobile brand. This decision takes place (...)

The EU Commission imposes several commitments to alleviate vertical competition concerns in the space industry (Airbus / Safran)
DG COMP (Brussels)
,
DG COMP (Brussels)
,
European Space Agency - ESA (Frankfurt)
"Airbus /Safran /JV: Launching competition into space"* In a nutshell : In the Airbus /Safran/JV case, the Commission looked at the space industry. Several commitments were imposed to alleviate foreclosure concerns of competitors. One of the vertical concerns identified required the (...)

The French Competition Authority clears, subjet to structural remedies, a merger in the food distribution market (Dia France / Carrefour)
French Competition Authority (Paris)
The Autorité de la concurrence clears the merger but Carrefour undertakes to divest 56 shops.* On 18 August 2014, the European Commission referred to the Autorité de la concurrence the review of the acquisition sole control of Dia France SAS (hereinafter "Dia”) by Carrefour France SAS (...)

The Competition Commission of Singapore conditionally clears first merger with divestment and behavioural commitments (Seek Asia Investments / JobStreet)
BHP Billiton (Singapore)
Comment: On 13 November 2014, the Competition Commission of Singapore (the “CCS”) released its grounds of decision conditionally clearing the proposed acquisition by SEEK Asia Investments Pte. Ltd. (“SEEK Asia Investments”), of 100 per cent. of the online recruitment business assets of JobStreet (...)

The Ukranian Antimonopoly Committee intends to reconsider its decision granting merger clearance on the telecommunication technologies market (Kyivstar)
Arzinger & Partner (Kiev)
Antitrust authority of Ukraine intends to reconsider its decision granting merger clearance on the telecommunication technologies market of Ukraine* In early November 2014 the Antimonopoly Committee of Ukraine made a statement, announcing that it was going to reconsider its position on the (...)

The US DoJ reaches $5 million settlement with companies after allegations of premerger coordination (Flakeboard America / SierraPine)
Wolters Kluwer (Riverwoods)
U.S. Premerger Coordination Allegations Settled for $5 Million in Civil Penalties, Disgorgement* The dangers of prematurely exercising operational control over an acquisition target, or at least appearing to operate organizational control, are highlighted by a Department of Justice Antitrust (...)

The US DoJ announces a proposed $4.95 million settlement for alleged “gun-jumping” while the parties’ proposed transaction is under antitrust review (Flakeboard America / SierraPine)
O’Melveny & Myers (Washington DC)
,
O’Melveny & Myers (Washington DC)
,
O’Melveny & Myers (Washington DC)
On November 7, 2014, the Antitrust Division of the U.S. Department of Justice (“DOJ”) announced a proposed $4.95 million settlement with Flakeboard America Limited, its parent companies Celulosa Arauco y Constitución S.A. and Inversiones Angelini y Compañía Limitada (collectively, “ Flakeboard”), (...)

The US DoJ requires disgorgement for gun-jumping violations in abandoned transaction (Flakeboard America / SierraPine)
Kirkland & Ellis (New York)
On November 7, 2014, the U.S. Department of Justice, Antitrust Division (“DOJ”) announced that it had entered into a settlement with Flakeboard and SierraPine resolving allegations that the two parties had engaged in illegal premerger coordination in connection with their now-abandoned (...)

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