Mergers in Big Tech

Mergers

The Mexican Competition Authority prohibits a concentration between a retail company and a company offering logistical services to retailers (Walmart / Cornershop)
Mexican Competition Authority (Mexico City)
COFECE blocked Walmart/Cornershop concentration* • The proposed deal could generate incentives to unduly displace or block competitors’ access to the Cornershop platform and/or hinder the development of new platforms. • The new economic agent resulting from the transaction would gain sufficient (...)

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 Mexican Competition Authority clears a merger in the entertainment industry subject to structural remedies (Disney / Fox)
Mexican Competition Authority (Mexico City)
Clarification on Disney/Fox transaction* Mexico City, February 6, 2019.- In August 2018, the Walt Disney Company (Disney) and Twenty-First Century Fox (Fox) notified, both the Federal Economic Competition Commission (COFECE or Commission) and the Federal Institute for Telecommunications (...)

The Romanian Competition Authority fines a company operating in the retail market of IT products, home appliances and marketing via e-commerce platforms for gun jumping (Corsar Online)
Romanian Competition Council (Bucharest)
The Competition Council sanctioned Corsar Online Srl with fines of 1.6 million lei * The Competition Council sanctioned the company Corsar Online SRL with fines of approximately 1.6 million lei for the implementation of a merger before being authorized by the Competition Authority. In the (...)

The Egyptian Competition Authority imposes interim measures on the two ride-hailing applications available in Egypt to preserve the competitive structure of the market (Uber / Careem)
Egyptian Competition Authority (Cairo)
Egyptian Competition Authority (ECA) imposes Measures on Uber and Careem to regulate competition between them and safeguard the competitive structure of the market.
* Dr. Amir Nabil, Chairman of the Egyptian Competition Authority, said: “Uber and Careem are the only ride-hailing applications (...)

The EU Commission clears the acquisition of a music recognition app by a Big Tech company that provides a digital music streaming service (Apple / Shazam)
Slaughter and May (Brussels)
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Slaughter and May (London)
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Slaughter and May (Brussels)
Is Big Data a ‘friend’ or a ‘foe’ to consumers? Do the current EU merger control rules work for ‘Big Tech’ deals? The European Commission’s announcement that it has approved Apple’s $400 million acquisition of Shazam provides a timely snapshot of some of the key questions facing competition authorities (...)

The EU Commission clears a merger after an investigation into the potential anti-competitive effects resulting from a major data transfer in the digital music streaming sector (Apple / Shazam)
Baker Botts (Brussels)
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Liège University - IEJE
The European Commission has unconditionally cleared Apple’s EUR 400 million purchase of Shazam. Following an in-depth phase II investigation into the possible anti-competitive effects resulting from Apple getting access to Shazam’s data set, the Commission concluded that the proposed merged (...)

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

The Egyptian Competition Authority sends official notice and request of information to the two ride-hailing companies of Egypt (Uber / Careem)
Egyptian Competition Authority (Cairo)
Attempted merger agreement between the two main competitors in the ridesharing market in Egypt, Uber Group and Careem Group
* Based on several reported information concerning an attempted merger agreement between the two main competitors in the ridesharing market in Egypt, Uber Group and Careem (...)

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

The 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 opens an in-depth investigation concerning a merger in the market of music recognition for smartphones, tablets and PCs (Apple / Shazam)
DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into Apple’s proposed acquisition of Shazam* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Shazam by Apple under the EU Merger Regulation. The Commission is concerned that the merger could (...)

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

The EU Commission decides to review a merger in the market of music recognition applications for smartphones (Apple / Shazam)
DG COMP (Brussels)
Mergers: Commission to assess the acquisition of Shazam by Apple* The European Commission has accepted a request from Austria, France, Iceland, Italy, Norway, Spain and Sweden to assess under the EU Merger Regulation the proposed acquisition of Shazam by Apple. The Commission considers the (...)

The French Competition Authority unconditionally clears a merger between two real estate online platforms in Phase II (SeLoger.com / Logic-Immo.com)
DLA Piper (Paris)
On 1st February 2018, the French Competition Authority (“FCA”) unconditionally cleared in Phase II proceedings the planned acquisition of sole control of French company Concept Multimédia - which owns the real estate online platform Logic-Immo.com - by German group Axel Springer - which owns the (...)

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 German Competition Authority prohibits a merger on the market of sale of tickets for live entertainment (CTS Eventim / Four Artists)
German Competition Authority (Bonn)
Bundeskartellamt prohibits merger between CTS Eventim and Four Artists* The Bundeskartellamt has prohibited the planned acquisition by CTS Eventim AG & Co. KGaA of the majority of shares in the companies belonging to Konzert- und Veranstaltungsagentur Four Artists - Four Artists Booking (...)

The U.S. FTC files a complaint challenging a proposed acquisition (Red Venture / Bankrate)
Shearman & Sterling (Washington)
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Shearman & Sterling (Washington)
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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 French Competition Authority opens an in-depth investigation concerning a merger in the online property advertising (SeLoger.com / Logic-Immo.com)
French Competition Authority (Paris)
The Autorité de la concurrence has begun an in-depth examination as part of the review of the take-over of Concept Multimédia (Logic-Immo.com) by the Axel Springer group (SeLoger.com)* The Axel Springer group, which is active mainly on the online property adverting market via SeLoger.com, (...)

The EU Commission fines a social network company for providing misleading information during a merger investigation (Facebook / WhatsApp)
DG COMP (Brussels)
Mergers: Commission fines Facebook €110 million for providing misleading information about WhatsApp takeover* The European Commission has fined Facebook €110 million for providing incorrect or misleading information during the Commission’s 2014 investigation under the EU Merger Regulation of (...)

The EU Commission fines a company for providing incorrect or misleading information during its investigations on a merger (Facebook / WhatsApp)
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (Brussels)
On May 18, 2017, the European Commission (the “Commission”) fined Facebook €110 million for providing incorrect or misleading information during its 2014 investigation of its acquisition of WhatsApp The magnitude of the fine dwarfs the few penalties the Commission has imposed in the past for (...)

The German Competition Authority clears a merger on the e-book online platform market (Rakuten / Tolino)
German Competition Authority (Bonn)
Bundeskartellamt clears acquisition of "tolino" e-book platform by Rakuten* The Bundeskartellamt has cleared the acquisition by the Japanese online retailer Rakuten Inc. of the assets for the technical operation of the "tolino" e-book platform. The seller of the assets is Deutsche Telekom AG, (...)

The EU Commission sends a statement of objections to a social network suspected of having transmitted misleading informations concerning a merger (Facebook / WhatsApp)
DG COMP (Brussels)
Mergers: Commission alleges Facebook provided misleading information about WhatsApp takeover* The European Commission has sent a Statement of Objections to Facebook alleging the company provided incorrect or misleading information during the Commission’s 2014 investigation under the EU Merger (...)

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)
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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 invites third party comments on a proposed acquisition in information technology sector (Microsoft / Linkedin)
Fieldfisher (London)
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Fieldfisher (London)
Microsoft/LinkedIn: could Big Data be a Big Problem?*On 14 October 2016, Microsoft’s $26.2 billion acquisition of LinkedIn was notified to the European Commission for merger clearance. The EU regulator’s initial deadline to decide whether to approve the deal or refer it for in-depth (...)

The Australian Competition Authority publishes draft media merger guidelines
University of New South Wales (Sydney)
Australian draft media merger guidelines: a review* Background The ACCC released its draft media merger guidelines in August 2016. Given the previous merger guidelines were released in 2006, these drafts outline the first proposed changes in over ten years. Critically these guidelines come in (...)

The Chinese MOFCOM releases a company from conditions previously imposed in an e-commerce merger since the market environment is more competitive (Wal-Mart / Yihaodian)
China Competition Bulletin (Beijing)
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University of Melbourne
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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 Turkish Competition Authority unconditionally clears an acquisition in the market for data memory systems (Western Digital / SanDisk)
University of Sussex (Brighton)
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has unconditionally cleared in Phase I the acquisition of the sole control of SanDisk by Western Digital in the market for data memory systems. The Operation On 4 December 2015, the TCA received a (...)

The Competition Commission of Singapore clears a merger in the hard drive sector in a phase I review (Western Digital / SanDisk)
Allen & Gledhill (Singapore)
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Allen & Gledhill (Singapore)
On 19 January 2016, the Competition Commission of Singapore (“CCS”) cleared the proposed acquisition (the “Proposed Transaction”) by Western Digital Corporation (“WDC”) of SanDisk Corporation (“SanDisk”) (collectively, “the Parties”). The Parties received the decision from CCS within the 30 working days (...)

The German Competition Authority clears a merger between major online dating platforms in phase II (EliteMedianet / Parship)
German Competition Authority (Bonn)
Major online dating platforms can merge* The Bundeskartellamt has cleared in second phase proceedings the planned acquisition of all the shares in EliteMedianet GmbH, Hamburg, by an investment fund of Oakley Capital Limited, London. The merger affects the market for online dating platforms, on (...)

The Chinese MOFCOM cracks down on failures to notify qualifying mergers, acquisitions and joint ventures (Fujian / Shenzhen CHINO-E - Microsoft / BesTV - Bombardier / CSR Nanjing Puzhen - Suzhou Erye / Shanghai Fosun)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
China’s Anti-Monopoly Law requires businesses to notify transactions to the Ministry of Commerce (MOFCOM) for merger control review, so long as the parties meet certain revenue thresholds and the transaction involves a change of control or the establishment of a joint venture . Despite these (...)

The Chinese MOFCOM fines several undertakings for breaches of merger notification rules (FJEI / FPID ; Nanjing Puzhen / Bombardier Sweden ; BestTv / Microsoft)
AnJie Law (Beijing)
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AnJie Law (Beijing)
Warning from MOFCOM: Second Wave of Penalties Imposed for Breaches of Concentration Notification Rules* On September 29th 2015, the Ministry of Commerce of the P.R.C (“MOFCOM”) published four administrative decisions on penalties for illegal activities involved in the concentration of (...)

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

The Indian Competition Authority approves a joint venture between a global consumer healthcare conglomerate and a global technology conglomerate (JJDC Johnson and Johnson Innovation / Ethicon / Google)
Vaish Associates (New Delhi)
CCI approves the joint venture between Google and Johnson and Johnson for the research and development in respect of the robotic system for surgical intervention* CCI by its order dated July 10, 2015 approved the proposed combination for creation of a JV between Google and Johnson and Johnson (...)

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 U.S. FTC clears a merger between the two most-visited online home shopping sites in the U.S. without conditions (Zillow / Trulia)
Office of the New York State Attorney General (New York)
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Winston & Strawn (Washington)
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US Department of Justice (Washington)
In a ruling on February 13, the FTC unconditionally approved the Zillow-Trulia merger after an intensive six-month antitrust review. Despite reported concerns “that the merger might concentrate too much power in one company,” the FTC ultimately decided to “bless” the Zillow-Trulia combination. (...)

The Chinese MOFCOM publishes penalty decisions regarding merger control for the first time (Unigroup / RDA Microelectronics ; Western Digital / Hitachi)
AnJie Law (Beijing)
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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 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 EU Commission unconditionally clears an acquisition in the social media sector (Facebook / WhatsApp)
Clifford Chance (Madrid)
Background information On 3 October 2014 the European Commission ("Commission") unconditionally clears in first phase the €14 billion acquisition of WhatsApp by Facebook (the “Transaction”). The Transaction was already conditionally authorized in April 2014 by the US Federal Trade Commission (...)

The EU Commission unconditionally approves in first phase an acquisition in the digital sector (Facebook / WhatsApp)
DG COMP (Brussels)
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DG COMP (Brussels)
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European Commission - Legal Service (Brussels)
"What’s Up with Merger Control in the Digital Sector? Lessons from the Facebook/WhatsApp EU merger case"* The Facebook/WhatsApp decision provides an insight into how the Commission tackles novel issues in the application of merger control rules to the digital sector, in particular to free (...)

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

The U.S. Department of Justice prohibits a merger between the two leading providers of ratings and reviews platforms that resulted in the elimination of meaningful competition in that sector, despite the fact that the transaction was non reportable (Bazaarvoice / PowerReviews)
White & Case (Washington)
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White & Case (Washington)
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White & Case (New York)
If you thought not having to report your proposed acquisition to the US Department of Justice and the US Federal Trade Commission meant never worrying about antitrust issues, think again. The DOJ’s recent pursuit of Bazaarvoice, Inc. in connection with its acquisition of PowerReviews, Inc. (...)

The Chinese MOFCOM conditionally clears a merger in the smartphone market (Microsoft / Nokia)
Jones Day (Beijing)
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Gibson Dunn (Hong Kong)
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Jones Day (Beijing)
On April 8, MOFCOM approved Microsoft’s acquisition of Nokia’s mobile handset business. MOFCOM’s review focused on three product markets: smartphones, mobile operating systems, and the licensing of standard-essential and non-essential patents for smartphones. Geographically, MOFCOM focused on (...)

The U.S. District Court for the Northern District of California rules against a non-reported acquisition in the market for product ratings and reviews platforms (Bazaarvoice / PowerReviews)
Wolters Kluwer (Riverwoods)
Combination of online consumer review platforms Bazaarvoice and PowerReviews found to violate Clayton Act* Last week, the federal district court in San Francisco ruled that Bazaarvoice Inc.’s June 2012 acquisition of PowerReviews Inc. violated Sec. 7 of the Clayton Act. In a “necessarily lengthy (...)

The U.S. District Court for the Northern District of California finds evidence that the merging parties expected the transaction to have anticompetitive effects (Bazaarvoice / PowerReviews)
Orrick, Herrington & Sutcliffe (San Francisco)
Another Example of Why You Should Follow the “New York Times” Rule — the Bazaarvoice Decision* Have you heard of the New York Times rule? The rule is: don’t write something down in a business communication unless you’re comfortable with its text appearing in the New York Times. If everyone followed (...)

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

The EU General Court confirms that the merged parties are not dominant in the internet visual communications market and rejects interoperability issues raised by appellants (Microsoft / Skype)
Ashurst (Milan)
EU Court upholds the Commission’s decision on the Microsoft/Skype deal* On 11 December 2013 the EU’s General Court (the “Court”) handed down its ruling concerning Microsoft’s acquisition of Skype. The Court held that the Commission rightly considered that the transaction does not restrict (...)

The Netherlands ACM clears a planned collaboration between two Dutch publishing companies (Lannoo Meulenhoff / WPG Uitgevers)
Netherlands Authority for Consumers & Markets (The Hague)
Two Dutch publishing firms are allowed to rent out ebooks together* The Netherlands Authority for Consumer and Markets (ACM) has cleared the planned collaboration between two Dutch publishing companies, Lannoo Meulenhoff and WPG Uitgevers, to offer ebooks rentals to consumers together. The (...)

The New York Attorney General settles remedies regarding the merger between two leading online food ordering services in Manhattan (Seamless / GrubHub)
Ashurst (Milan)
NY Attorney General reaches settlement with two leading online food ordering services in Manhattan* On 5 August 2013 NY Attorney General stated that he reached a settlement with Seamless North America, LLC and GrubHub, two leading online food ordering services in Manhattan, in order to address (...)

The U.S. FTC requires divestiture of production and intellectual property assets before clearing an acquisition in the market for desktop hard drives (Western Digital / Hitachi GST)
Sheppard Mullin (New York)
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WilmerHale (Washington)
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US Federal Trade Commission (FTC) (Washington)
On May 8, 2012, Western Digital Corporation (“Western Digital”) completed its acquisition of Viviti Technologies (formerly, Hitachi Global Storage Technologies Ltd., or, “Hitachi GST”) for approximately $4.8 billion, after the Federal Trade Commission (“FTC”) approved a consent order requiring (...)

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

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

The Chinese MOFCOM conditionally clears an off-shore joint venture involving European computer technology groups (ARM / Giesecke & Devrient / Gemalto)
First Principles Economics (London)
On the 6th December 2012 MOFCOM published its 6th and last merger decision of the year - a clearance, with conditions, of the Trustonic joint venture between ARM, Giesecke & Devrient (G&D), and Gemalto. Process The parties submitted their initial notification on 4th May 2012. MOFCOM (...)

The Chinese MOFCOM clears conditionally an international joint venture in the IT sector (ARM / Giesecke & Devrient / Gemalto)
King & Wood Mallesons (Beijing)
MOFCOM cleared Joint Venture between ARM, Giesecke & Devrient and Gemalto with Conditions* On December 6th, 2012, the Ministry of Commerce (“MOFCOM“) cleared the proposed establishment of a joint venture (“JV“) by ARM Holdings plc (“ARM“), a UK semiconductor intellectual property (“IP“) (...)

The EU Commission conditionally clears an acquisition in the recorded music business (Universal Music Group / EMI Music)
Van Bael & Bellis (Brussels)
On 21 September 2012, the European Commission conditionally cleared the proposed acquisition by Universal Music Group of EMI’s recorded music business, following a phase II investigation. The Commission’s phase II investigation focused on the effects of the deal on the wholesale market (...)

The U.S. FTC and the EU Commission clear an acquisition on the market for recorded music (Universal Music Group / EMI Music)
DLA Piper Weiss-Tessbach (Vienna)
European Commission and U.S. Federal Trade Commission clear Universal’s acquisition of EMI’s recorded music business* On 21 September 2012 both the European Commission ( “Commission” ) and the U.S. Federal Trade Commission ( “FTC” ) cleared the acquisition of EMI’s recorded music business by (...)

The EU Commission develops a novel theory of harm based on the effect of the transaction on the new entity’s bargaining power (Universal Music Group / EMI Music)
CRA International (Brussels)
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The Graduate Institute for International and Development Studies (Geneva)
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DG COMP (Brussels)
Mergers and bargaining power: back to the future? Insights from the Universal/EMI merger* The decision to approve the acquisition of EMI’s recorded music rights by Universal has recently been published by the European Commission. Following a Phase II investigation, the acquisition was approved (...)

The UK OFT decides not to refer an anticipated acquisition in the social networking industry to the Competition Commission (Facebook / Instagram)
Herbert Smith Freehills (Brussels)
In May 2012 the Office of Fair Trading (OFT) opened a merger investigation into the acquisition by Facebook Inc (Facebook) of Instagram Inc (Instagram). This was the first time a merger involving Facebook, the global colossus in the social networking industry, publicly came under the scrutiny (...)

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

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

The Chinese MOFCOM approves an acquisition subject to conditions in the IT industry (Google / Motorola Mobility)
Jones Day (Beijing)
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Gibson Dunn (Hong Kong)
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Jones Day (Beijing)
On 19 May 2012, the PRC Ministry of Commerce ("MOFCOM") approved the acquisition by Google Inc. of Motorola Mobility, Inc. under the Chinese Anti-Monopoly Law ("AML"), but imposed conditions to require that Google continue to license the Android operating system and the patents acquired from (...)

The Chinese MOFCOM approves acquisition subject to what some observers believe were over-cautious conditions linked to a lack of experience and institutional resources (Google / Motorola Mobility)
Sheppard Mullin (Beijing)
China’s MOFCOM Grapples With Open Source Issues In Google-Motorola Deal* This past February the US Department of Justice (“DOJ”) and European Commission ( “Commission” ) cleared Google Inc.’s acquisition of Motorola Mobility Holdings Inc. without any conditions. In contrast, on May 19, 2012 the (...)

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

The Chinese MOFCOM clears acquisition in the hard disk drive business (Western Digital / Hitachi)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Shanghai)
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McDermott Will & Emery (Shanghai)
Recently China’s Ministry of Commerce (MOFCOM) approved Western Digital’s proposed acquisition of Hitachi’s hard disk drive business on a conditional basis. Containing the most comprehensive clearance conditions ever imposed by MOFCOM, this decision mirrors previous guidance issued by the (...)

The Chinese MOFCOM clears an acquisition in the desktop hard drive disks market but imposes both structural and behavioral remedies (Western Digital / Hitachi)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Hong Kong)
Companies contemplating global mergers,acquisitions and joint ventures should be aware that the Ministry of Commerce (MOFCOM), China’s antitrust agency tasked with merger control, is increasingly imposing competition remedies exceeding those required by the European Commission, U.S. Federal (...)

The U.S. DoJ clears acquisition involving standards-essential patents relevant to wireless devices (Google / Motorola Mobility)
Stanford University - Stanford Law School
U.S. DOJ clears Google’s acquisition of Motorola Mobility and other transactions involving standards-essential patents* On 13 February 2012 the U.S. Department of Justice (“DOJ”) announced the closing of investigations concerning the acquisition of Motorola Mobility Holdings Inc. (“Motorola (...)

The EU Commission clears the acquisition of a smartphone and tablet manufacturer’s patent pool by a leading smartphone operating system developer (Google / Motorola Mobility)
Womerang (Monterrey)
“Honor your commitments” - The patent gatekeeping problem after antitrust regulators in the United States and the European Union cleared Google’s acquisition of Motorola’s patent pool* On February 13, 2012, the Department of Justice’s Antitrust Division (the Division) announced its decision to (...)

The Turkish Competition Authority unconditionally clears the acquisition of the hard disk drive business of a leading IT company (Seagate/Samsung)
Erdem & Erdem (Istanbul)
The Competition Board (the “Board”) has unconditionally authorized the acquisition of the control over the Hard Disk Drive (“HDD”) of Samsung Electronics Co. Ltd. (“Samsung”) by Seagate Electonics PLC (“Seagate”; “Samsung” and “Seagate” hereinafter referred to as the “Parties”) by concluding that, even (...)

The Chinese MOFCOM conditionally approves the acquisition of the HDD business of a Korean electronics company by a U.S. competitor (Seagate / Samsung)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Hong Kong)
Companies contemplating global mergers,acquisitions and joint ventures should be aware that the Ministry of Commerce (MOFCOM), China’s antitrust agency tasked with merger control, is increasingly imposing competition remedies exceeding those required by the European Commission, U.S. Federal (...)

The Chinese MOFCOM conditionally approves a merger between two leading hard drive disks manufacturers (Seagate / Samsung)
Jones Day (Beijing)
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Gibson Dunn (Hong Kong)
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Jones Day (Beijing)
China’s Ministry of Commerce (MOFCOM) has approved Seagate’s acquisition of the hard drive disk division of Samsung Electronics ("Samsung HDD") under China’s Anti-Monopoly Law ("AML"), but imposed conditions to ensure that Samsung, although controlled by Seagate, remains an independent competitor. (...)

The U.S. DoJ closes its investigation and gives green light to $400 M acquisition in the advertising display industry (Google / Admeld)
Sidley Austin (Brussels)
DOJ closes investigation into Google’s acquisition of Admeld Inc.* On December 2, 2011 the DOJ announced its decision to close the investigation into Google’s acquisition of Admeld Inc. allowing Google to complete its $ 400 million merger. The DOJ’s investigation focused on the potential (...)

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

The EU Commission decides not to oppose the notified operation and declares it compatible with the internal market and the EEA Agreement (Microsoft / Skype)
Liège University - IEJE
Microsoft/Skype – or the Commission in the Shadow of Parties Submission* The Commission’s decision in Microsoft/Skype contradicts its previous Article 102 decisions in Microsoft I (WMP) and Microsoft II (Internet Explorer). Read §152 of Microsoft/Skype : “consumers do not simply use whatever (...)

The U.S. DoJ requires conduct remedies before allowing a vertical merger between a popular generic online search engine and a widely-used flight information services provider (Google / ITA)
Economists Incorporated (San Francisco)
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Economists Incorporated (Washington)
On July 1, 2010, Google Inc. (“Google”) and ITA Software, Inc. (“ITA”) announced an agreement for Google to acquire ITA for $700 million. On April 8, 2011, the Department of Justice (“DOJ”) announced that it would allow the proposed acquisition subject to certain conditions. DOJ filed a complaint (...)

The US DOJ demands conduct remedies from two strong competitors in related markets before approving a vertical merger that will allow the combined company to enter into the online travel search market (Google / ITA)
Crowell & Moring (Washington)
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Crowell & Moring (Washington)
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United Airlines (Chicago)
U.S. antitrust agencies, in a flurry of recent actions, have reinvigorated vertical merger enforcement, claiming competitive harm from what, in the past, would potentially have been viewed as efficiency-enhancing vertical integration. The Department of Justice (“DOJ”), in particular, has (...)

The US DoJ imposes conduct remedies, including "FRAND" licensing, before approving a vertical merger with anticompetitive concerns in the comparative-flight-search industry (Google / ITA)
Robins Kaplan (Minneapolis)
According to conventional wisdom, the Department of Justice and the Federal Trade Commission prefer structural merger remedies like divestiture over remedies that require ongoing monitoring of post-merger conduct. Structural remedies offer comparative ease of implementation and require (...)

The US DoJ requires conduct remedies before allowing a vertical merger between a popular generic online search engine and a widely-used flight information services provider (Google / ITA)
Robins Kaplan (Minneapolis)
According to conventional wisdom, the Department of Justice and the Federal Trade Commission prefer structural merger remedies like divestiture over remedies that require ongoing monitoring of post-merger conduct. Structural remedies offer comparative ease of implementation and require (...)

The US DoJ seeks conduct remedies prior to approving a joint venture in order to prevent exclusionary conduct in the markets for online video distribution and video programming (Comcast / NBC Universal)
American University’s Washington College of Law (Washington)
The Federal Communication Commission’s recent decision to allow the transaction between Comcast and General Electric’s NBC Universal (NBCU) affiliate to proceed subject to conditions helped to fill a gap in the contemporary treatment of vertical mergers. The existence of this gap was (...)

The US DoJ conditions approval of a joint venture upon behavioral remedies, such as specific terms of licensing and management of video content, in the industries of online video distribution and video programming (Comcast / NBC Universal)
Crowell & Moring (Washington)
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Crowell & Moring (Washington)
,
United Airlines (Chicago)
U.S. antitrust agencies, in a flurry of recent actions, have reinvigorated vertical merger enforcement, claiming competitive harm from what, in the past, would potentially have been viewed as efficiency-enhancing vertical integration. The Department of Justice (“DOJ”), in particular, has (...)

The German Competition Authority clears the establishment of a joint venture in the software sector (CPTN / Novell)
Van Bael & Bellis (Brussels)
On 20 April 2011, the German Competition Authority (“Bundeskartellamt”) cleared the establishment of a joint venture by Apple, EMC, Microsoft and Oracle, CPTN, the purpose of which is to acquire hundreds of software patents from Novell. The venture has also recently won US regulatory approval. (...)

The US DoJ allows acquisition of the leading airfare pricing provider by the largest Internet search provider with settlement reflecting antitrust enforcement trends (Google / ITA)
Jones Day (Houston)
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Jones Day (Sillicon Valley)
On October 5, 2011, following a public comment period, the U.S. District Court for the District of Columbia issued its final judgment approving the requirements Google and ITA Software have agreed to in order to address the U.S. Department of Justice’s alleged anticompetitive concerns stemming (...)

The US DOJ clears an acquisition subject to conditions in the IT industry (Google / ITA)
Jones Day (Houston)
,
Jones Day (Sillicon Valley)
The U.S. Department of Justice has announced that, to allow Google’s proposed acquisition of ITA Software, DOJ and the parties have agreed to a set of requirements that will govern Google’s future operation of the ITA business. This action is notable as another challenge to a vertical merger and (...)

The German Competition Authority prohibits the creation of an online video platform joint venture between two leading TV broadcasters (RTL / Pro7Sat1)
Van Bael & Bellis (Brussels)
According to a press release of 18 March 2011, the German Federal Cartel Office has prohibited the plans of broadcasting groups RTL and Pro7Sat1 to form a joint venture for the creation and operation of an online video platform. In its statement of objections of 23 February 2011, the Cartel (...)

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

The German Competition Authority prohibits an online video platform joint venture (RTL / Pro7Sat1)
Jones Day (Frankfurt)
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Jones Day (Dusseldorf)
,
Jones Day (Frankfurt)
On March 17, 2011, the German Federal Cartel Office (Bundeskartellamt) rejected plans by German broadcasting groups RTL and Pro7Sat1 to launch a joint venture for the creation and operation of an online video platform. This decision illustrates how in Europe, particularly in Germany, antitrust (...)

The EU Commission approves conditionally merger in the field of computer security (McAfee / Intel)
Ashurst (Milan)
European Commission grants conditional approval of McAfee acquisition by Intel* On 26 January 2011, the European Commission approved the proposed acquisition of McAfee, Inc. (“McAfee”) by Intel Corporation (“Intel”) subject to interoperability remedies. As a result, Intel, the leading manufacturer (...)

The EU Commission conditionally approves the proposed acquisition of an IT security company by the world leading CPU manufacturer (Intel / McAfee)
JG Associates (Brussels)
Merger: main developments between 1 January and 30 April 2011* Also on 26 January 2011, the European Commission approved the proposed acquisition of McAfee, a vendor of information technology security, by Intel, both of the US. The approval is conditional on a set of commitments ensuring fair (...)

The EU Commission approves a merger between two US software companies subject to a set of commitments ensuring fair competition in the sector of computer security (Intel / McAfee)
French Competition Authority (Paris)
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European External Action Service
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Danish Competition and Consumer Authority (Copenhagen)
Intel/McAfee* Introduction On 26 January 2011 the European Commission approved the proposed acquisition of McAfee by Intel, both of the US. The approval is conditional upon a set of commitments ensuring fair competition in the sector of computer security. Computer security is a growing (...)

The U.S. DoJ and Federal Communications Commission conditionally approve a joint venture in the telecommunications sector, subject to remedies resolving antitrust concerns (Comcast / NBC Universal)
Wolters Kluwer (Riverwoods)
Comcast/NBC Universal Joint Venture Receives Regulatory Approval* The Department of Justice Antitrust Division and the Federal Communications Commission today conditionally approved a joint venture between Comcast Corp. and General Electric Co.’s subsidiary NBC Universal Inc. The joint (...)

The EU Commission refers the assessment of a joint venture between two German private broadcasters to the competition authorities of Austria and Germany, at their request (RTL / Pro7Sat.1)
JG Associates (Brussels)
Main developments between 1 September and 31 December 2010* On 24 September 2010 the European Commission referred the assessment of the joint venture between the German private broadcasters ProSie-benSat.1 and RTL to the competition authorities of Austria and Germany, at their request. The (...)

The U.S. DoJ seeks to divest part of the business and require the licensing of software in order to mitigate anticompetitive effects of a merger in the ticketing services industry (Ticketmaster / Live Nation)
Cleary Gottlieb Steen & Hamilton (Cologne)
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Cleary Gottlieb Steen & Hamilton (Washington)
After a decade of what was perceived by many as relatively restrained merger enforcement, the Obama administration has repeatedly and vocally vowed to “reinvigorate antitrust enforcement” and to “take effective action to stop or restructure mergers that are likely to harm consumer[s]”. Many (...)

The US DoJ conditions approval of a vertical merger upon the implementation of structural and behavioral remedies to protect the market for primary ticketing services (Ticketmaster / Live Nation)
Crowell & Moring (Washington)
,
Crowell & Moring (Washington)
,
United Airlines (Chicago)
U.S. antitrust agencies, in a flurry of recent actions, have reinvigorated vertical merger enforcement, claiming competitive harm from what, in the past, would potentially have been viewed as efficiency-enhancing vertical integration. The Department of Justice (“DOJ”), in particular, has (...)

The U.S. DoJ imposes divestiture and conduct remedies before approving a merger in order to maintain competition recently introduced by one of the firms in the market for primary ticketing services (Ticketmaster / Live Nation)
Robins Kaplan (Minneapolis)
According to conventional wisdom, the Department of Justice and the Federal Trade Commission prefer structural merger remedies like divestiture over remedies that require ongoing monitoring of post-merger conduct. Structural remedies offer comparative ease of implementation and require (...)

The US DoJ demands divestiture and licensing to create two new competitors and imposes conduct remedies to limit the benefits of vertical integration in a merger concerning the industry for primary ticketing services at concert venues (Ticketmaster / Live Nation)
Kelley Drye & Warren (Washington)
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Kelley Drye & Warren (New York)
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Kelley Drye & Warren (Washington)
The Department of Justice Antitrust Division (“DoJ”), along with 17 state attorneys general, reached an agreement with the parties last week that allows the merger of Ticketmaster Entertainment, Inc. (“Ticketmaster”) and Live Nation, Inc. (“Live Nation”) to proceed. The parties agreed to a (...)

The UK Competition Commission clears an entertainment industry merger for the second time without remedies following appeal to the Competition Appeal Tribunal (Ticketmaster / Live Nation)
Oxera (London)
,
Oxera (London)
On May 7th 2010, the UK Competition Commission (CC) cleared unconditionally the completed merger between Ticketmaster Entertainment, Inc (Ticketmaster) and Live Nation, Inc (Live Nation). The case had previously been cleared by the CC in December 2009, but following a successful appeal by a (...)

The UK Competition Commission concludes that a proposed merger in the entertainment industry would not result in a substantial lessening of competition in the market for live music ticket retailing (Ticketmaster / Live Nation)
Ashurst (Milan)
Ticketmaster/Live Nation merger gets final clearance in the UK* On 7 May 2010, the UK Competition Commission (“CC”) reaffirmed its initial decision of December 2009 (see Newsletter 1/2010 p. 9 for details) concluding that the merger of Live Nation and Ticketmaster would not result in a (...)

The EU Commission clears, subject to divestment, the acquisition of a vendor of videoconferencing products with dual headquarters in Norway and in the US (Cisco / Tandberg)
JG Associates (Brussels)
"Merger: main developments between 1 January and 30 April 2010" On 29 March the Commission approved under the EU Merger Regulation the proposed acquisition of Tandberg, a vendor of videoconferencing products with dual headquarters in Norway and in the US, by Cisco of the US. The approval is (...)

The EU Commission clears subject to conditions an acquisition on the market for video communication systems via internet (Cisco / Tandberg)
Ashurst (Milan)
European Commission clears Cisco’s acquisition of Tandberg, subject to conditions* On 29 March 2010, the European Commission approved the proposed acquisition of Norway’s Tandberg, a vendor of video communications systems, by Cisco Systems subject to conditions. On the same day, just one hour (...)

The EU Commission clears in phase I a merger in video communications industries accepting complex remedies proposed by merging parties (Cisco / Tandberg)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
T-Mobile/Orange and Cisco/Tandberg: Commission accepts complex Phase I remedies* When the Commission’s Remedies Notice was published in 2008, many commentators thought the Notice’s requirements for parties to a concentration to offer an acceptable remedy were too demanding. The concern was that (...)

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

The UK Competition Appeal Tribunal orders the Competition Commission to reconsider its clearance of a merger on the basis of absence of vertical concerns (Ticketmaster / Live Nation)
Herbert Smith Freehills (Brussels)
Following a reference of the case to it from the OFT, on 22 December 2009, the UK Competition Commission ("CC") announced that it had decided to clear unconditionally the proposed merger of Ticketmaster Entertainment Inc. ("Ticketmaster"), a ticketing agent, and Live Nation Inc. ("Live (...)

The EU Commission clears merger in the internet search and search advertising services markets (Microsoft / Yahoo!)
DG COMP (Brussels)
,
European Commission (Brussels)
"Economic background of the Microsoft/Yahoo! Case"* I. Introduction This paper offers an economic background for the analysis conducted by the Commission during the recent M.5727 Microsoft/Yahoo! transaction and complements the article ‘The Microsoft/Yahoo! Search business case’ published in (...)

The EU Commission approves the acquisition of US hardware and software vendor by a US software company (Oracle / Sun Microsystems)
JG Associates (Brussels)
"Merger: main developments between 1 January and 30 April 2010" The Commission approved, on 20 January, the proposed acquisition of US hardware and software vendor Sun Microsystems Inc. by Oracle Corporation, a US enterprise software company. After an in-depth examination the Commission (...)

The EU Commission clears in Phase II a merger in computer programming activities sector conducting the economic analysis based on a dynamic theory of harm (Oracle / Sun Microsystems)
RBB Economics (Brussels)
A few thoughts on Oracle’s Sun takeover and Widenius appeal* On Friday 2nd July, Monty Widenius, founder of open source database company MySQL, owned by Sun, filed an appeal against the European Commission’s unconditional clearance of the merger between Oracle and Sun Microsystems. The main (...)

The EU Commission unconditionally clears a merger between two U.S. software undertakings (Oracle / Sun Microsystems)
DG COMP (Brussels)
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European Commission (Brussels)
,
European Commission - DG MOVE
Oracle/Sun Microsystems: The challenge of reviewing a merger involving open source software* I. Introduction On 21 January 2010 the Commission unconditionally cleared the planned takeover of Sun Microsystems (‘Sun‘), a software and hardware vendor, by Oracle Corporation (‘Oracle‘), one of the (...)

The UK Competition Commission clears a merger in the entertainment industry (Ticketmaster / Live Nation)
KPMG (London)
Factual background Ticketmaster Entertainment Inc (“Ticketmaster”) is the world’s largest ticket agent, and sells tickets on behalf of live music promoters and venue operators. Live Nation Inc (“Live Nation”) is principally a promoter of live music events and an owner/operator of live music venues. (...)

The EU Commission opens an in-depth investigation into the planned acquisition on the market for databases (Oracle / Sun Microsystems)
Ashurst (Milan)
Commission’s in-depth investigation into Sun Microsystems takeover by Oracle* On 3 September 2009, the European Commission opened an in-depth investigation into the planned acquisition of U.S. hardware and software vendor Sun Microsystems by Oracle Corporation, a U.S. database and application (...)

The UK OFT refers a "vertical" merger to the Competition Commission on the basis of "horizontal" concerns (Ticketmaster / Live Nation)
Herbert Smith Freehills (Brussels)
On 11 June 2009, the Office of Fair Trading ("OFT") announced that it had decided to refer the proposed merger of Ticketmaster Entertainment Inc ("Ticketmaster") and Live Nation Inc ("Live Nation") to the Competition Commission ("CC") for an in-depth investigation. Despite the fact that there (...)

The EU Commission clears a merger in the online advertising market applying for the first time the non horizontal merger guidelines (Google / DoubleClick)
DG COMP (Brussels)
,
DG COMP (Brussels)
,
DG CNECT (Brussels)
"Google/DoubleClick: The first test for the Commission’s nonhorizontal merger guidelines"* I. Introduction The Google/DoubleClickmerger generated considerable interest as it concerned the ubiquitous search engine that most Europeans use in their daily lives. From a competition policy (...)

The EU Commission clears an acquisition in the online advertising market (Google / DoubleClick)
JG Associates (Brussels)
,
DG COMP (Brussels)
"Mergers: main developments between 1 January and 30 April 2008"* On 11 March the Commission decided to clear the proposed acquisition of the online advertising technology company DoubleClick by Google, both based in the US. Google operates an internet search engine that offers search (...)

The U.S. DoJ settles gun-jumping charges against communication technology companies (Qualcomm / Flarion)
Skadden, Arps, Slate, Meagher & Flom (Palo Alto)
,
Skadden, Arps, Slate, Meagher & Flom (New York)
On April 13, 2006, the Department of Justice ( “DOJ” ) announced that it had reached a $1.8 million settlement with Qualcomm Incorporated and Flarion Technologies, Inc. to resolve allegations that they each violated the Hart-Scott-Rodino Act of 1976 (“ HSR Act ”) by “jumping the gun” in connection (...)

The EU Commission acknowledges the withdrawal of a proposed joint acquisition in the digital rights management (DRM) industry (Microsoft / Time Warner / Contentguard)
JG Associates (Brussels)
,
DG COMP (Brussels)
"Mergers — Main developments between 1 January to 30 April 2005"* Microsoft and Time Warner had notified the Commission of their intention to acquire joint control of Contentguard. Contentguard is one of the main Digital Rights Management (DRM) patent-holders. The Commission launched an (...)

The EU Commission approves a merger between competitors in software applications for businesses (Oracle / PeopleSoft)
JG Associates (Brussels)
,
DG COMP (Brussels)
"Merger control: Main developments between 1 September and 31 December 2004"* The Commission approved Oracle Corp’s acquisition of PeopleSoft Inc. The two companies are rival makers of software applications for businesses. After a detailed investigation, the Commission concluded that there was (...)

The US District Court for the Northern District of California rules that the second-largest software company can proceed with its proposed bid despite DoJ’s legal challenge (Oracle / Peoplesoft)
Shearman & Sterling
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Shearman & Sterling (Washington)
On September 9, 2004, a federal judge ruled that Oracle, the nation’s second-largest software company, could proceed with its hostile bid for PeopleSoft, handing the Department of Justice (“DOJ”) a significant defeat in a legal challenge to a corporate merger. DOJ had sought to block Oracle’s (...)

The EU Commission approves after an in-depth investigation the creation of a joint venture in the music industry (Sony / BMG)
DG CNECT (Brussels)
"Following an in-depth investigation the Commission approved the creation of the Sony/BMG music recording joint venture on 19 July 2004"* Over the last 15 years, the music industry has witnessed the process of gradual consolidation. The Commission has analysed a number of these concentrations (...)

The Czech Competition Office cleared in phase II a merger in the ultrasonic technology market subject to transfer of a viable stand-alone business and abandonment of efforts to re-acquire influence (General Electric Company / AGFA NDT)
Clifford Chance (Prague)
The operation By a decision dated 18 November 2003, the Office authorized in phase II the operation by which General Electric Company ("GE") acquired sole control of AGFA’s non-destructive testing ("NDT") equipment division by way of a stock and asset purchase agreement. The market(s) The (...)

The German Competition Authority conditionally clears an acquisition on the market for paid content (T-Online / Bild.de)
German Competition Authority (Bonn)
Bundeskartellamt clears T-Online participation in Bild.de subject to specific conditions* The Bundeskartellamt has cleared T-Online International AG’s acquisition of a 37 per cent share in Bild.de after the companies concerned had clarified with legally binding effect a number of preconditions (...)

The German Competition Authority clears a merger in the online travel agency industry (T-Online / Bild.de)
European Court of Justice (Luxembourg)
,
DG Economic and Financial Affairs (ECFIN) (Brussels)
"Internet Joint Ventures and the Quest for Exclusive Content: The T-Online Cases"* Introduction EC and national competition law issues arising from the marketing of ‘premium’ content, such as travel services and sports news, via the Internet were at the centre of several recent competition (...)

The Italian Competition Authority clears a merger in the media sector with behavioural remedies, including the granting of non-discriminatory access (Seat Pagine Gialle / Cecchi Gori Communications)
Clifford Chance
,
Chiomenti (Rome)
The operation On 23 January 2001, the Competition Authority authorized with conditions the acquisition by Seat Pagine Gialle S.p.A. of Cecchi Gori Communications S.p.A. by way of purchase of shares. SEAT Seat Pagine Gialle S.p.A. (SEAT) is an Italian company belonging to the Telecom Italia (...)

The EU Commission opens full investigation into the proposed acquisition of a British broadband cable company (Microsoft, Liberty Media/Telewest)
European External Action Service (Brussels)
,
Financial Conduct Authority (London)
,
DG COMP (Brussels)
"Merger Control: main developments between 1st May 2000 and 31st August 2000"* Microsoft notified an operation in February whereby it would have acquired joint control over Telewest, a British broadband cable company, with Liberty Media, a subsidiary of AT&T Corp. The Commission started an (...)

The European Commission fines a Korean electronic equipment manufacturer for failing to notify a merger (Samsung / AST)
European Commission - DG TRADE (Brussels)
,
DG COMP (Brussels)
"Mergers Recent important decisions" On 18 February 1998 the Commission announced that it had fined the Korean company Samsung ECU 33,000 for failing to notify a concentration to the Commission in good time and for putting into effect the concentration without the Commission’s authorisation. (...)

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