Telecom & Mergers

Foreword Mergers in the telecommunications sector: An overview of EU and US case law

Since the last publication in 2012, the world has changed in innumerable ways—and with it, every corner of the telecom sector. Geopolitical changes have brought an onslaught of supply chain, national security, and foreign policy concerns—for government, industry, consumers, everyone. “Unexpected”, “unimaginable”, and “unprecedented’ became routine descriptors for world shifting events, from Brexit in 2016, Covid-19 shutting down much of the world in 2020, to increasing tensions between China and certain Western countries, the Russian war with Ukraine, and beyond. Technological changes abounded, from 4G to 5G technology development and deployment, semiconductor advances, ORAN, artificial intelligence use cases for network optimization and beyond. Changes also came in the form of new industry participants and partnerships and changes in competitive forces and dynamics. In a short period of time, competition has emerged from traditional partners to established companies in the telecommunications space and from competitors in adjacent areas, such as tech companies and hardware or equipment suppliers. These changes have certainly changed the calculus for companies in the telecom space considering mergers and acquisitions. The substantive legal approaches, by contrast, may be generally less dramatically affected with some key exceptions in the United States in particular where the enforcers are willing to risk a loss in court in an attempt to extend the law to fit their view of how the substantive law should be interpreted. This foreword starts with developments in Europe, continues with our analysis of the same in the US, and finishes with our outlook for the future. In short, the last decade has been a whirlwind, and we expect changing technology and new competitive dynamics to keep things interesting going forward.

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Verizon (Washington)
United States 1 contribution 867 visits
Freshfields Bruckhaus Deringer (Washington)
United States 4 contributions 2391 visits
Freshfields Bruckhaus Deringer (Washington)
United States 1 contribution 867 visits

Mergers

 The Australian Competition Tribunal affirms the Competition Authority’s decision not to grant authorisation for the proposed regional spectrum authorisation arrangements between two telecommunication companies (Telstra / TPG Telecom)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82520 visits
Australian Competition Tribunal denies authorisation for Telstra and TPG regional network deal* The Australian Competition Tribunal has affirmed the ACCC’s decision not to grant authorisation for the proposed regional spectrum authorisation arrangements between Telstra Corporation Limited (...)

The EU Commission clears the acquisition of a provider of ‘two-way’ satellite-based communication services by a rival following an in-depth investigation (Viasat / Inmarsat)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824426 visits
Mergers: Commission clears Viasat’s acquisition of Inmarsat* The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of Inmarsat by Viasat. The Commission concluded that the merger would not raise competition concerns in the European (...)

The UK Competition Authority approves a merger in the satellite communications market (Viasat / Inmarsat)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95623 visits
Satellite merger approved after in-depth CMA probe* Following a provisional clearance in March, the CMA is now allowing the proposed merger of Viasat and Inmarsat to go ahead. Phase 2 investigation finds that – while Viasat and Inmarsat compete closely – the merged company will be challenged (...)

The New Zealand Competition Authority grants clearance for a proposed acquisition in the passive mobile telecommunications infrastructure industry (Connexa / 2degrees)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23789 visits
Commission grants clearance for passive mobile tower assets deal* The Commerce Commission has granted clearance for Connexa Limited (Connexa) to acquire certain passive mobile telecommunications infrastructure assets from Two Degrees Networks Limited and Two Degrees Mobile Limited (...)

The Spanish Competition Authority initiates disciplinary proceedings against a telecommunications company for entering into an exclusive broadcasting agreement with a sports streaming firm in breach of a merger commitment (Telefónica / Dazn)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30118 visits
The CNMC initiates disciplinary proceedings against Telefónica for the agreement with Dazn regarding the exclusive rights to Formula 1* Telefónica allegedly failed to comply with certain commitments it made when acquiring DTS (formerly Sogecable) in 2015. Telefónica’s wholesale supply of its (...)

The EU Court of Justice AG Collins encourages the Court to dismiss a gun jumping appeal arguing that the Commission, inter alia, does not have to be transparent when fixing the amount of fines as that may undermine the deterring effect (Altice / PT Portugal)
White & Case (Düsseldorf)
Germany 36 contributions 14392 visits
,
White & Case (Brussels)
Belgium 35 contributions 13145 visits
,
White & Case (Brussels)
Belgium 4 contributions 842 visits
Advocate General Anthony Michael Collins has proposed that the European Court of Justice uphold the General Court’s Altice judgment. In his Opinion, he considered that the entering into certain types of pre-closing covenants by an acquirer may constitute gun-jumping, regardless of the absence (...)

The EU Court of Justice AG Collins urges the Court of Justice to dismiss an appeal to overturn a gun jumping fine of €124.5M in the telecommunications sector (Altice / PT Portugal)
Hogan Lovells (London)
United Kingdom 8 contributions 1310 visits
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Hogan Lovells (London)
United Kingdom 5 contributions 1906 visits
,
Hogan Lovells (London)
United Kingdom 1 contribution 91 visits
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An EU Advocate General has advised that an appeal brought by Altice should be dismissed in its entirety – in effect confirming the validity of a 2018 European Commission decision imposing a record fine on Altice for breaching EU merger control rules in relation to its 2015 purchase of (...)

The Belgian Competition Authority’s Auditor General requests the adoption of interim measures in a proposed acquisition in the broadband communications services sector (Proximus / Edpnet)
Belgian Competition Authority (Brussels)
Belgium 109 contributions 22899 visits
Proximus/edpnet case (post-Towercast): the Auditor General requests interim measures to ensure the continuity of edpnet’s activities and its operational and commercial independence from Proximus* The Belgian Competition Authority confirms that the Auditor General has for the first time made (...)

The Portuguese Competition Authority opens an in-depth investigation into the merger of two telecoms (Vodafone / Nowo)
Portuguese Competition Authority (Lisbon)
Portugal 117 contributions 28889 visites
AdC opens in-depth investigation into acquisition of Nowo by Vodafone* The Portuguese Competition Authority (AdC) has decided to open an in-depth investigation into the merger involving the acquisition by Vodafone Portugal, S.A. (Vodafone) of sole control over Cabonitel, S.A., whose only (...)

The EU Commission opens an in-depth investigation into the proposed joint venture between two telecoms in the Spanish market for the retail supply of mobile and fixed broadband services (Orange / MasMovil)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824426 visits
Mergers: Commission opens in-depth investigation into the proposed transaction between Orange and MasMovil* The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, the proposed creation of a joint venture by Orange and MasMovil. The Commission (...)

The New Zealand Competition Authority publishes a Statement of Issues relating to the proposed acquisition of certain passive mobile telecommunications infrastructure assets of two telecoms (Connexa / 2degrees)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23789 visits
Statement of Issues released for Connexa / 2degrees passive mobile tower* The Commerce Commission has published a statement of issues relating to an application from Connexa Limited (Connexa) to acquire certain passive mobile telecommunications infrastructure assets from Two Degrees Networks (...)

The EU Commission greenlights the acquisition of two Belgian telecoms by their leading French rival following commitments to grant access to the network to a rival for a period of ten years (VOO / Brutélé / Orange)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824426 visits
Mergers: Commission clears the acquisition of VOO and Brutélé by Orange, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of VOO and Brutélé by Orange. The approval is conditional on full compliance with a commitments (...)

The EU Court of Justice agrees with AG Kokott and confirms that Art. 102 TFEU permits the reviewing of completed mergers where the concentration did not reach the requisite control thresholds (Towercast)
Hogan Lovells (Paris)
France 15 contributions 7929 visits
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Hogan Lovells (Paris)
France 24 contributions 6359 visites
On 16 March 2023, in a preliminary ruling issued in the Towercast case, the Court of Justice ruled that a concentration below national merger control thresholds could be subject to a review under article 102 TFUE. This much awaited judgment is a revival of the 1973 Court of Justice’s (...)

The EU Court of Justice confirms that the national authorities can review ex post below-threshold mergers under abuse of dominance rules (Towercast)
White & Case (Brussels)
Belgique 20 contributions 10222 visites
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Schibsted (Oslo)
26 contributions 16919 visits
,
White & Case (Brussels)
Belgique 38 contributions 65573 visites
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The long-awaited European Court of Justice’s judgment in Towercast confirmed that national competition authorities (and national courts) can apply abuse of dominance rules to mergers that did not trigger EU and national merger control thresholds, and were not referred to the European (...)

The EU Court of Justice confirms the ex post application of abuse of dominance rules to non-notifiable mergers (Towercast)
Van Bael & Bellis (Brussels)
Belgium 38 contributions 9548 visits
On 16 March 2023, the Court of Justice (ECJ) issued a preliminary ruling in case C-449/21, Towercast SASU v. Autorité de la concurrence and others (“Towercast”) finding that concentrations that are not subject to any ex-ante notification requirement under national or EU merger control rules (...)

The Spanish Competition Authority fines a telephone company €6M for breaching the commitments it made when acquiring a cable TV firm (Telefónica / DTS)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30118 visits
The CNMC fines Telefónica 6 million euros for breaching the commitments made in its merger with DTS.* In 2015, Telefónica voluntarily submitted a series of commitments that would allow it to acquire DTS and preserve market competition, including not imposing minimum-term conditions on its (...)

The UK Competition Authority provisionally clears a merger in the satellite communications market following an in-depth investigation (Viasat / Inmarsat)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95623 visits
CMA provisionally clears satellite comms deal following in-depth review* The decision comes after a Phase 2 review revealed Viasat and Inmarsat will likely face significant competition from both emerging and established players as the sector expands. While Viasat and Inmarsat compete (...)

The Finnish Competition Authority identifies competition concerns in a proposed merger in the telecommunications network design, construction and maintenance market, leading to the abandonment of the deal by the parties (Enersense / Voimatel)
White & Case (Brussels)
Finland 3 contributions 830 visits
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White & Case (Brussels)
Belgium 3 contributions 391 visits
Prohibition decisions and withdrawals of deals have traditionally been rare in Finnish merger control, as the Finnish Competition and Consumer Authority (“FCCA”) and merging parties usually find remedial solutions in cases raising competition concerns. However, in 2020 the Market Court (...)

The EU Commission opens an in-depth investigation into the proposed acquisition of a provider of satellite-based communication services by a rival (Viasat / Inmarsat)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824426 visits
Mergers: Commission opens in-depth investigation into the proposed acquisition of Inmarsat by Viasat* The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, the proposed acquisition of Inmarsat by Viasat. The Commission is concerned that the (...)

The Belgian Competition Authority dismisses complaint against telecommunication undertakings regarding their mobile infrastructure sharing agreement (Telenet / Proximus / Orange)
Belgian Competition Authority (Brussels)
Belgium 109 contributions 22899 visits
The Belgian Competition Authority has decided to dismiss Telenet’s complaint against Proximus and Orange regarding their mobile infrastructure sharing agreement ("RAN-sharing")* In October 2019, Telenet Group NV and Telenet BVBA ("Telenet"), a provider of fixed and mobile telephony, internet (...)

The New Zealand Competition Authority releases a Statement of Preliminary Issues on a proposed acquisition in the telecommunications industry (Connexa / 2degrees)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23789 visits
Statement of Preliminary Issues released for Connexa / 2degrees passive mobile tower assets* The Commerce Commission has published a statement of preliminary issues relating to an application from Connexa Limited (Connexa) to acquire certain passive mobile telecommunications infrastructure (...)

The Canadian Federal Court of Appeal dismisses the Competition Authority’s appeal and clears a merger in the telecommunications sector subject to conditions (Rogers / Shaw)
Journal of Parliamentary and Political Law (Ottawa)
49 contributions 21035 visits
Introduction Tuesday 24 January 2023 was not a good day for Canada’s Competition Commissioner (‘the Commissioner’) and the Competition Bureau (‘the Bureau’), which assists the Commissioner in the administration and enforcement of the Competition Act (‘the Act’). This day marked the Federal (...)

The Canadian Federal Court of Appeal dismisses the Competition Authority’s appeal against a ruling which annulled a merger prohibition in the telecommunications sector (Rogers / Shaw)
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10687 visits
Statement from the Commissioner of Competition on the Federal Court of Appeal’s decision regarding the Rogers-Shaw merger* Matthew Boswell, Commissioner of Competition, issued the following statement about the Federal Court of Appeal’s ruling to dismiss the Competition Bureau’s appeal in the (...)

The Spanish Competition Authority fines a mobile carrier €1.5M for executing an acquisition before filing a notification with the Competition Authority (Xfera Móviles)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30118 visits
The CNMC fines Xfera Móviles, a subsidiary of Másmóvil, 1.5 million euros for executing an acquisition before notifying it.* The company bought Alma Telecom, which had its own geographic numbering to provide fixed call termination services. Companies are required by law to pre-notify their (...)

The Canadian Competition Tribunal dismisses the Competition Authority’s challenge over a merger between two of Canada’s four biggest broadband providers (Rogers / Shaw)
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10687 visits
Statement from the Commissioner of Competition on the Competition Tribunal’s Information Note regarding the Rogers-Shaw merger* Matthew Boswell, Commissioner of Competition, issued the following statement regarding the Competition Tribunal’s Information Note indicating it intends to dismiss (...)

The Australian Competition Authority refuses to grant authorisation for regional mobile network arrangements between two major telecommunication companies due to the high probability that it would substantially lessen competition (Telstra / TPG Telecom)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82520 visits
ACCC decides not to grant authorisation for Telstra and TPG regional network deal* The ACCC has decided not to authorise proposed regional mobile network arrangements between Telstra Corporation Limited (ASX:TLS and ASX:TL1) and TPG Telecom Limited (ASX:TPG). Under the statutory test, the (...)

The New Zealand Competition Authority receives notification of an intended acquisition by a provider of passive telecoms infrastructure of assets belonging to a rival telecommunications company (Connexa / 2degrees)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23789 visits
Connexa seeks clearance to acquire passive mobile tower assets of 2degrees* The Commerce Commission has received a clearance application from Connexa Limited (Connexa) to acquire certain passive mobile telecommunications infrastructure assets from Two Degrees Networks Limited and Two Degrees (...)

The Bulgarian Competition Authority opens an in-depth investigation into a telecommunications company’s proposed acquisition of a rival (Telnet / Bulgarian Telecommunications Company)
Bulgarian Commission for the Protection of Competition (Sofia)
Bulgaria 20 contributions 2830 visits
The CPC opens in-depth investigation into “BTC” EAD’s proposed acquisition of Telnet OOD* By Decision No744/06.10.2022, the Commission on Protection of Competition (CPC, the Commission) has opened an in-depth investigation to assess the proposed acquisition of sole control over "Telnet" OOD (...)

The EU Court of Justice AG Kokott clarifies the standards of proof for the existence of non-coordinated effects satisfying the concept of ‘significant impediment to effective competition’ on an oligopolistic market where the merged entity does not have a dominant position (Telefónica UK / Hutchison 3G UK)
European Court of Justice (Luxembourg)
Luxembourg 330 contributions 102777 visites
Merger control: Advocate General Kokott clarifies the standards of proof of the existence of non-coordinated effects satisfying the concept of ‘significant impediment to effective competition’ on an oligopolistic market where the merged entity does not have a dominant position* The scope of (...)

The EU Court of Justice AG Kokott advises the Court to uphold the Commission’s appeal on the grounds that the General Court erroneously applied a stricter burden of proof for the SIEC test and erred in law by misinterpreting the concept of a SIEC (Telefónica UK / Hutchison 3G UK)
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 4 contributions 3861 visits
Advocate General Sides with Commission in its Appeal of General Court’s Overturning of Three/O2 Prohibition* Non-binding opinion finds that General Court erred in applying heightened standard of proof to cases involving unilateral effects in oligopolistic markets. The Case and the Opinion (...)

The EU Court of Justice AG Kokott supports setting aside the General Court’s ruling and overturning the prohibition order of a merger between telecoms (Telefónica UK / Hutchison 3G UK)
Van Bael & Bellis (Brussels)
Belgium 38 contributions 9548 visits
On 20 October 2022, Advocate General Kokott issued an opinion that the General Court (“GC”) had erred in its ruling in the C.K. Telecoms case by misstating the correct legal test to prohibit an oligopolistic merger and for engaging in an overly broad legal review of the Commission’s decision. (...)

The EU Court of Justice AG Kokott proposes that non-reportable transactions could be caught by abuse of dominance rules (Towercast)
Schibsted (Oslo)
26 contributions 16919 visits
,
White & Case (Brussels)
Belgique 38 contributions 65573 visites
,
White & Case (Düsseldorf)
Germany 36 contributions 14392 visits
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Advocate General Juliane Kokott has proposed that the EU Court of Justice should find that competition authorities have the power to apply Article 102 TFEU to corporate transactions that are not reportable, and test under that provision whether the transaction as such constitutes an abuse of a (...)

The EU Court of Justice AG Kokott supports the use of Article 102 TFEU to assess a merger ex post provided that the transaction was not initially assessed using traditional tools (Towercast)
Van Bael & Bellis (Brussels)
Belgium 38 contributions 9548 visits
On 13 October 2022, Advocate General Kokott issued a non-binding opinion to the Court of Justice of the European Union (“ECJ”) in the Towercast preliminary ruling request, expressing the view that concentrations that are not notifiable ex-ante under the EU Merger Regulation (“EUMR”) or (...)

The EU Court of Justice AG Kokott endorses the application of Article 102 TFEU to the acquisitions of nascent firms by dominant players in high technology sectors (Towercast)
Van Bael & Bellis (Brussels)
Belgique 53 contributions 22887 visites
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Van Bael & Bellis (Brussels)
Belgique 154 contributions 52727 visites
,
Van Bael & Bellis (Brussels)
Belgique 56 contributions 24680 visites
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AG Kokott Supports Application of Article 102 TFEU to Acquisitions of Small Promising Firms in Life Sciences and Other High Technology Sectors In a non-binding opinion given to the Court of Justice of the European Union (CJEU) Advocate General Kokott yesterday expressed the view that (...)

The EU Court of Justice AG Kokott concludes that a merger may be assessed ex post under Article 102 TFEU provided the transaction was not assessed ex ante with traditional merger control tools (Towercast)
European Court of Justice (Luxembourg)
Luxembourg 330 contributions 102777 visites
According to Advocate General Kokott, a concentration between undertakings that has not been the subject of any ex ante assessment under merger control law may be assessed ex post on the basis of the prohibition of abuse of a dominant position under primary law* However, if a concentration (...)

The UK Competition Authority signals concerns over a potential merger worth $7.3B in the satellite communications market (Viasat / Inmarsat)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95623 visits
Satellite communication deal raises competition concerns* The CMA has found Viasat’s merger with Inmarsat could lead to airlines facing higher prices for on-board wifi. Deal could lead to airlines facing higher prices and worse quality on-board wifi Deal would remove key competitor from (...)

The Icelandic Competition Authority approves the acquisition of the nation’s largest telecommunications company by a French private equity firm subject to conditions (Ardian / Míla)
Icelandic Competition Authority
8 contributions 1520 visits
Merger of Ardian and Míla approved with conditions* The Icelandic Competition Authority (ICA) has completed its investigation into the acquisition of Ardian France of all shares of Míla, a subsidiary of Síminn. Míla operates telecommunications infrastructure nationwide in Iceland and is the (...)

The Australian Competition Authority seeks further views on the acquisition of telecoms infrastructure sites by the country’s biggest telecoms firm (Telstra / TPG Telecom)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82520 visits
ACCC seeks further views on Telstra, TPG mobile network deal* The ACCC has released a statement of preliminary views on the authorisation sought by Telstra and TPG for their proposed regional mobile network arrangements. The ACCC is calling for further submissions and looks forward to (...)

The French Competition Authority fines a multinational telecommunications company €75M for the clearance of penalty payments and non-compliance with injunctions issued in 2017 (Altice)
French Competition Authority (Paris)
France 743 contributions 395473 visits
Connecting buildings to the fibre optic network (Faber contract): the Autorité fines Altice 75 million euros for the clearance of penalty payments and non-compliance with injunctions issued in 2017* Background For the record, the Autorité de la concurrence had cleared the takeover of SFR (...)

The French Competition Authority takes note of a decision by a telecommunications company to withdraw its planned acquisition for sole control over a media company (Bouygues / Métropole Télévision group)
French Competition Authority (Paris)
France 743 contributions 395473 visits
TF1/M6: The Autorité de la concurrence takes note of the decision to withdraw its planned acquisition* The Autorité de la concurrence (hereinafter the "Autorité") takes note of the announcement made today by Bouygues, to withdraw its plan to acquire exclusive control of the Métropole (...)

The Spanish Competition Authority fines a telecommunications company €5M for breaching commitments that it made whilst acquiring a rival (Telefónica / DTS)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30118 visits
The CNMC fines Telefónica 5 million euros for failing to comply with part of the reporting obligations it undertook when it acquired DTS* In 2015, Telefónica voluntarily submitted a number of commitments in order to acquire DTS and preserve competition in the market. Between May 2015 and at (...)

The Romanian Competition Commission assesses the takeover of an electronic communications company by a rival (Ines Group / Cloudsys Telecom)
Romanian Competition Council (Bucharest)
Roumanie 160 contributions 27940 visites
The Competition Council assesses the taking over of Ines Group by Cloudsys Telecom* The Competition Council assesses the transaction by which Cloudsys Telecom S.R.L. intends to take over Ines Group S.R.L. Cloudsys Telecom SRL is a provider of electronic communications services, being (...)

The EU Commission opens an in-depth investigation into a proposed acquisition of two suppliers of retail mobile and fixed telecommunication services by a large French telecommunications company (VOO / Brutélé / Orange)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824426 visits
Mergers: Commission opens in-depth investigation into the proposed acquisition of VOO and Brutélé by Orange* The European Commission has opened an in-depth investigation to assess the proposed acquisition of VOO and Brutélé by Orange under the EU Merger Regulation. The Commission is (...)

The UK Government clears the acquisition of a national aerospace company by an American motion control technology company subject to commitments to remedy national security concerns (Meggitt / Parker-Hannifin)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95623 visits
Update on the proposed acquisition of Meggitt plc by Parker-Hannifin Corporation* Business Secretary Kwasi Kwarteng updates on the proposed acquisition of Meggitt plc by Parker-Hannifin Corporation. Following advice from the Ministry of Defence and the Competition and Markets Authority and (...)

The UK Department for Business, Energy and Industrial Strategy imposes landmark conditions on the acquisition of a British telecoms provider to protect sensitive information and technology and provide assurance in the emergency services network (Sepura / Epiris)
Clifford Chance (London)
United Kingdom 4 contributions 285 visits
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Clifford Chance (London)
United Kingdom 2 contributions 55 visits
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Clifford Chance (London)
United Kingdom 2 contributions 55 visits
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The Department for Business, Energy & Industrial Strategy ("BEIS") has published a suite of new market guidance as well as an Annual Report, providing increased clarity on the UK’s national security and investment regime and insights into how it is working in practice. THE NATIONAL (...)

The UK Department for Business, Energy and Industrial Strategy imposes conditions on an acquisition in the British telecoms market to protect sensitive information and provide assurance in the emergency services network (Sepura / Epiris)
Covington & Burling (London)
United Kingdom 16 contributions 3949 visits
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Peter Camesasca Advocaat
Belgium 34 contributions 13104 visits
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Covington & Burling (London)
United Kingdom 5 contributions 1134 visits
Over the summer, the UK Secretary of State for Business, Energy and Industrial Strategy (“BEIS”) delivered the first decisions, in the form of final orders, under the National Security and Investment Act 2021 (“NSIA”). We consider these decisions and other cases in the context of the first (...)

The Romanian Competition Authority approves a transaction by which 3 Belgian companies will be controlled by two telecommunication companies (RCS & RDS / Citymesh)
Romanian Competition Council (Bucharest)
Roumanie 160 contributions 27940 visites
Competition Council approved the transaction by which 3 companies from Belgium will be controlled by RCS & RDS S.A and Citymesh N.V* The Competition Council approved the transaction by which RCS & RDS S.A. and Citymesh N.V. will control together three companies from Belgium: (...)

The Spanish Competition Authority initiates disciplinary proceedings against a major telecommunications company for breach of commitments in the acquisition of a mobile operations company (Telefónica / DTS)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30118 visits
The CNMC initiates disciplinary proceedings against Telefónica for possible breach of the commitments acquired in the acquisition of DTS* Telefónica has allegedly breached its reporting obligations, thus evading one of the commitments acquired in 2015. It is imperative to verify the effective (...)

The Turkish Competition Authority publishes a new decision regarding the local threshold exception for acquisitions in the software sector (Providence / Airties)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 168 contributions 81272 visites
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 5 contributions 1491 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 3 contributions 550 visits
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Introduction On 2 June 2022, the Turkish Competition Board unconditionally approved the indirect acquisition of sole control over Airties Kablosuz İletişim San ve Dış Tic AŞ (Airties) by Providence Managing Member LLC’s (Providence’s) wholly-owned indirect subsidiary, P8 Holding 2 Sàrl (P8 (...)

The UK Government orders a full national security assessment of a proposed acquisition in the telecommunications sector (BT / Altice)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95623 visits
BT acquisition called-in for national security assessment* The acquisition by Altice of 6% of shares in BT has been called-in for a full national security assessment by Business Secretary Kwasi Kwarteng today (Thursday 26 May). The government has powers under the National Security and (...)

The Canadian Competition Authority files court applications to prevent a merger between two telecommunications companies (Rogers / Shaw)
Canadian Competition Bureau (Gatineau)
Canada 76 contributions 10687 visits
Competition Bureau seeks full block of Rogers’ proposed acquisition of Shaw* Bureau files court applications to prevent the merger of two of Canada’s largest telecommunications companies The Competition Bureau is seeking to block Rogers proposed $26 billion acquisition of Shaw in an effort (...)

The French Competition Authority unconditionally clears the purchase of a downstream competitor in the mobile telecommunications market by a major national telecoms and media group (Coriolis / Altice France)
French Competition Authority (Paris)
France 743 contributions 395473 visits
The Autorité clears the acquisition of Coriolis by Altice France* Altice, a French group active in the telecommunications sector, notified the Autorité de la Concurrence on 18 March 2022 of a plan to acquire Coriolis, also active in this sector. Parties to the transaction Altice France (...)

The Rotterdam District Court rules on an appeal against the Competition Authority’s merger clearance decision and finds that merger control rules do not aim to protect competitors on the market potentially affected by the establishment of a joint venture (T-Mobile)
Bird & Bird (The Hague)
Pays-Bas 34 contributions 8725 visites
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Bird & Bird (The Hague)
Netherlands 7 contributions 4374 visits
Summary On 31 March 2022, the Rotterdam District Court ruled on an appeal lodged by T-Mobile Netherlands against a merger clearance decision by the Dutch Authority for Consumers and Markets (ACM) of 12 May 2021 that KPN and APG did not require a licence for the creation of a concentration (...)

The Fijian Competition Authority approves the acquisition of an undertaking in the telecommunications market (Digicel / Telstra)
Fijian Competition & Consumer Commission - FCCC (Suva)
Fiji 12 contributions 881 visits
FCCC Approves Acquisition of Digicel Fiji (Pte) Limited by Telstra Corporation Limited* The Fijian Competition and Consumer Commission (FCCC) has given its final approval for the indirect acquisition of Digicel Fiji (Pte) Limited (Digicel Fiji) by Telstra Corporation Limited (Telstra). (...)

The UK Competition Authority clears a merger, following an in-depth investigation, between an independent supplier of telecommunications infrastructure and a multinational conglomerate’s passive UK telecoms infrastructure (Cellnex / CK Hutchison)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95623 visits
Tower site sale to address concerns in telecoms merger* Cellnex must sell over 1,000 telecoms tower sites to address competition concerns over its purchase of CK Hutchison’s UK towers. The decision by the Competition and Markets Authority (CMA) comes after an in-depth Phase 2 investigation (...)

The Italian Competition Authority closes proceedings after accepting commitments related to an acquisition in the wholesale fixed telecommunications markets (FiberCop / TIM / Fastweb / Tiscali / KKR)
Italian Competition Authority (Rome)
Italy 69 contributions 18423 visits
ICA: FiberCop gets the green light. The commitments of TIM, Fastweb, Tiscali and KKR submitted after the start of the proceedings have been accepted* The commitments, positively assessed by the Authority, will make it possible to reduce barriers to the acquisition of operators and support (...)

The Portuguese Competition Authority unconditionally clears the merger of 2 telecommunications companies (Cabonitel / Grupo MásMóvil)
Portuguese Competition Authority (Lisbon)
Portugal 117 contributions 28889 visites
The AdC issued a non-opposition decision to the merger 1/2022 - Grupo MásMóvil / Cabonitel* On February 15, 2022, exercising the powers conferred on it by Article 19 (1) d) of its statutes, approved by Decree-Law 125/2014 of 18 August, the Board of the AdC decided, under Article 50 (1) b) (...)

The Brazilian Competition Authority conditionally approves an acquisition transaction between telecommunication companies (Oi Móvel/Tim/Claro/Vivo)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brésil 65 contributions 18228 visites
CADE conditionally approves acquisition of Oi Móvel by firms Tim, Claro, and Vivo* A merger control agreement was imposed to preserve market competition The Administrative Council for Economic Defense (CADE) cleared, subject to remedies, the acquisition of Oi Group’s assets by the (...)

The New Zealand Competition Authority receives notification for a proposed merger between two telecommunication service providers (Vocus / 2degrees)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23789 visits
Clearance sought for Vocus / 2degrees merger* The Commerce Commission has received an application for clearance in relation to a transaction that would see the merger of the Vocus Group with 2degrees. Vocus and 2degrees are both telecommunications providers that primarily supply retail (...)

The Papua New Guinea Competition Authority invites comments from interested parties ahead of its approval of a proposed acquisition in the telecommunications industry (Digicel / Telstra)
Independent Consumer and Competition Commission - Papua New Guinea (Port Moresby)
Papua New Guinea 15 contributions 617 visits
INDEPENDENT CONSUMER AND COMPETITION COMMISSION* Media & Resource Centre The Independent Consumer and Competition Commission (“ICCC”) wishes to inform industry participants, relevant stakeholders and the general public that consistent with the ICCC Act, it has decided to hold a (...)

The Croatian Competition Authority conditionally clears a merger between two vertically integrated national telecommunications companies (Telemach Hrvatska / OT-Optima Telekom)
Croatian Competition Agency (Zagreb)
Croatie 118 contributions 19446 visites
CCA clears telecom merger between Telemach Hrvatska and Ot-Optima Telekom* Within the meaning of the Competition Act the Croatian Competition Agency cleared in the first phase the concentration between the undertakings Telemach Hrvatska d.o.o. and OT-Optima Telekom d.d. By this transaction (...)

The UK Competition Authority provisionally finds in Phase II investigation that the proposed purchase of a multinational conglomerate’s passive UK telecoms infrastructure assets by the largest national independent telecommunications infrastructure supplier would harm competition by removing the possibility for a third infrastructure supplier to emerge (Cellnex / CK Hutchison)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95623 visits
UK telecoms tower merger risks higher mobile costs* The CMA has provisionally found  Cellnex’s proposed purchase of CK Hutchison’s telecoms towers would harm competition. Cellnex is an independent supplier of telecommunications infrastructure, currently active across several European (...)

The Spanish Competition Authority approves a merger between a private investment house and a telecommunications operator (Ardian / Adamo)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30118 visits
C/1251/21 ARDIAN / ADAMO TELECOM* Ardian acquires the 100% of Adamo. On 14 December 2021, the CNMC authorised Ardian France, S.A. to buy the 100% of Adamo Telecom, S.L.U. Ardian is a private investment house that manages funds on behalf of its clients, mostly pension funds, insurance (...)

The French Competition Authority clears a merger between two telecommunications companies, subject to conditions (Hivory / Cellnex)
French Competition Authority (Paris)
France 743 contributions 395473 visits
Mobile network infrastructure: the Autorité cleared the acquisition of Hivory by the Cellnex Group, subject to conditions* On 23 August 2021, Cellnex notified its intention to acquire control of Hivory. In a decision dated 25 October 2021, the Autorité clears the transaction subject to (...)

The Lithuanian Competition Authority fines the national telecommunications service provider €215.1K for submitting incorrect and incomplete information which impeded the assessment of a merger’s potential impact on competition (Cgates)
Lithuanian Competition Authority (Vilnius)
Lithuania 105 contributions 20207 visits
CGATES FINED FOR SUBMITTING INCORRECT AND INCOMPLETE INFORMATION IN MERGER REVIEW PROCESS* The Lithuanian competition authority Konkurencijos taryba found that information provided by the Lithuanian telecommunications service provider Cgates, which was necessary for the authority to be able (...)

The UK Government proposes to accept revised national security undertakings offered under the acquisition of a telecommunications equipment company by a Chinese radio manufacturer to ensure maintenance of the TETRA Airwave Network used by national emergency services (Sepura / Hytera)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95623 visits
Acquisition of Sepura plc by Hytera Communications Corporation Limited: revised national security undertakings* Consultation description The Secretary of State for Business, Energy and Industrial Strategy, Kwasi Kwarteng MP, announced on 28 September 2021 that he is proposing to accept (...)

The Lithuanian Competition Authority clears a merger between two Latvian companies active in the IT and communications services sector (Santa Monica Networks / Latvijas Mobilais Telefons)
Latvian Competition Council (Riga)
Lettonie 123 contributions 23815 visites
Latvian companies receive merger clearance* The Lithuanian competition authority Konkurencijos taryba has cleared the acquisition of 100 per cent of the shares of the Latvian company Santa Monica Networks and indirect control of the Lithuanian company Santa Monica Networks by Latvijas (...)

The Papua New Guinea Competition Authority declines to review an acquisition in the telecommunications market because the transaction falls below the notification threshold (Bemobile / Telikom)
Independent Consumer and Competition Commission - Papua New Guinea (Port Moresby)
Papua New Guinea 15 contributions 617 visits
Amalgamation of Bemobile Limited into Telikom Limited does not meet notification threholds* On 11th August, 2021 Kumul Telikom Holdings Limited ("KTHL") and Telikom Limited ("Telikom") jointly lodged a clearance application seeking clearance on the proposed amalgamation of Bemobile Limited (...)

The EU General Court dismisses a French telecommunications company’s action against the Commission’s decision to impose two fines totalling €124.5M in connection to its acquisition of a Portuguese competitor (Altice / PT Portugal)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 29814 visites
The General Court dismisses Altice Europe’s action against the Commission decision imposing two fines totalling €124.5 million in connection with the acquisition of PT Portugal* However, it orders the amount of the fine relating to the breach of the obligation to notify the concentration to (...)

The EU General Court issues its judgment upholding the Commission’s decision to fine a telecommunications company for gun jumping (Altice / PT Portugal)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 60 contributions 26210 visites
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 68 contributions 31797 visites
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 78 contributions 58680 visites
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On September 22, 2021, the European General Court issued its judgment upholding the decision by the European Commission (Commission) to fine Altice for gun jumping in the acquisition of Portugal Telecom (PT) in 2015. The General Court did grant Altice a limited 5% reduction of part of the (...)

The EU General Court upholds a decision from the Commission sanctioning a telecommunications operator for gun jumping and clarifies in its decision the applicable rules (Altice / PT Portugal)
McDermott Will & Emery (Brussels)
Belgique 49 contributions 9470 visites
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Allen & Overy (Brussels)
Belgique 22 contributions 5176 visites
On September 22, 2021, the EU General Court (GC) upheld a decision from the European Commission (Commission) by which it fined telecommunications operator Altice for gun jumping (T-425/18, Altice Europe v Commission). In particular, the GC affirmed that the Commission could impose two separate (...)

The EU General Court upholds the Commission’s decision to fine a telecommunications company for gun jumping but grants a limited 5% reduction of part of the €124.5 million fine imposed (Altice / PT Portugal)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 60 contributions 26210 visites
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 68 contributions 31797 visites
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 78 contributions 58680 visites
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On September 22, 2021, the European General Court issued its judgment upholding the decision by the European Commission (Commission) to fine Altice for gun-jumping in the acquisition of Portugal Telecom (PT) in 2015. The General Court did grant Altice a limited 5% reduction of part of the (...)

The EU General Court confirms that the Commission was able to fine a telecommunications firm twice for gun jumping, once for breaching the standstill obligation and once for breaching the failure to notify obligation (Altice)
McDermott Will & Emery (Brussels)
Belgique 49 contributions 9470 visites
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Allen & Overy (Brussels)
Belgique 22 contributions 5176 visites
On 22 September 2021, the GCEU upheld a decision from the EC by which it fined telecommunications operator Altice for gun-jumping. In particular, the GCEU affirmed that the EC could impose two separate fines: a fine for implementing a concentration prior to its clearance, and a fine for (...)

The German Higher Regional Court of Düsseldorf overturns the Competition Authority’s decision to clear a joint venture between a telecommunications company and a regional utility provider (Telekom Deutschland / EWE)
Herbert Smith Freehills (Düsseldorf)
Allemagne 22 contributions 5761 visites
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Herbert Smith Freehills (Düsseldorf)
Germany 16 contributions 4383 visits
Last week the Higher Regional Court of Düsseldorf overturned a decision adopted by the German Federal Cartel Office (FCO) clearing a JV between Telekom Deutschland and EWE, a regional utility company. The JV partners were looking to cooperate in the development of fibre-optic networks in parts (...)

The UK Competition Authority prepares a report on the merger between a material manufacturer and a telecommunications company in light of a public interest intervention notice issued over the proposed acquisition (Perpetuus / Taurus)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95623 visits
Public interest intervention notice issued over proposed acquisition of The Perpetuus Group by Taurus International Ltd and others* A notice was issued today relating to the proposed acquisition of The Perpetuus Group by Taurus International Ltd and others. On 5 September, acting on (...)

The Spanish Competition Authority urges a telecommunication company to modify or clarify the terms of its commercial offer that includes the rental of "smartphones" (Telefónica / DTS)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30118 visits
The CNMC urges Telefónica to modify or clarify the terms of the Fusión commercial offer that includes the rental of "smartphones" In 2015, the Commission authorised the concentration between Telefónica / DTS subject to a series of commitments related to pay television. Last April, Telefónica (...)

The EU Commission approves an acquisition subject to conditions in the telecommunications sector (Telekom Romania / Orange)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824426 visits
The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Telekom Romania Communications (“TKR”) by Orange SA (“Orange”). The approval is conditional on the divestiture of TKR’s 30% minority shareholding in Telekom Romania Mobile Communications (“TRMC”), (...)

The Croatian Competition Authority informs the general public of the cessation of a conditionally approved merger between two telecommunication companies (HT / Optima)
Croatian Competition Agency (Zagreb)
Croatie 118 contributions 19446 visites
HT/Optima conditionally approved concentration ceases 10 July 2021* With respect to the provisions under the Capital Market Act, OG 65/18 and 17/20, relating to making the inside information public and the Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April (...)

The UK Competition Authority finds in Phase I investigation that the proposed purchase of a multinational conglomerate’s passive UK telecoms infrastructure assets by the largest national independent telecommunications infrastructure supplier raises competition concerns (Cellnex / CK Hutchison)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95623 visits
Cellnex and CK Hutchison deal raises competition concerns* The CMA has found that Cellnex’s proposed purchase of CK Hutchison’s UK passive telecoms infrastructure assets raises competition concerns. Cellnex is an independent supplier of telecommunications infrastructure, currently active (...)

The Lithuanian Competition Authority refuses to clear the acquisition of sole control of a TV and internet service provider by its competitor despite the commitment offered by the merging parties (Cgates / Splius)
Lithuanian Competition Authority (Vilnius)
Lithuania 105 contributions 20207 visits
CGATES does not get permission to acquire its competitor Splius* The Lithuanian competition authority Konkurencijos taryba refused to clear the acquisition of 100 per cent of the shares and sole control of SPLIUS by Cgates. On 11 December 2020, Konkurencijos taryba received a merger (...)

The Polish Competition Authority approves the acquisition of a telecommunications infrastructure company by its competitor (Cellnex Poland / Polkomtel Infrastruktura)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21820 visits
Cellnex Poland with the authorisation of the President of UOKiK to take over Polkomtel Infrastruktura* President of the Office of Competition and Consumer Protection Tomasz Chróstny gave his consent for Cellnex Poland to take control over Polkomtel Infrastruktura. Entrepreneurs own the (...)

The Belgian Competition Authority unconditionally clears the acquisition of mobile telecommunications operator by its competitor (Mobile Vikings / Proximus)
Van Bael & Bellis (Brussels)
Belgique 41 contributions 11110 visites
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Van Bael & Bellis (Brussels)
Belgique 154 contributions 52727 visites
On 31 May 2021, the Competition College (Mededingingscollege / Collège de la concurrence) of the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence - BCA) unconditionally cleared the acquisition of mobile telecommunications operator Mobile (...)

The Belgian Competition Authority clears a merger between a telecom provider and a mobile virtual network operator (Proximus / Mobile Vikings)
Bird & Bird (Brussels)
Belgium 13 contributions 2020 visits
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Bird & Bird (Brussels)
Belgium 4 contributions 928 visits
In February 2021, Proximus, Belgium’s incumbent telecom provider, started prenotification talks with the Belgian Competition Authority (BCA) with a view to taking over Mobile Vikings, a mobile virtual network operator (MVNO), which previously formed part of the DPG group. As part of its (...)

A major telecommunications company resolves to unwind a failed acquisition of a mass media and entertainment conglomerate, notwithstanding rulings greenlighting the merger at both District Court and Appeals Court level (AT&T / Time Warner)
USC Gould School of Law (Los Angeles)
United States 8 contributions 2878 visits
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. AT&T’s $102 billion acquisition of Time Warner in 2019 will go down in M&A history as an exceptionally illadvised transaction, resulting in the loss of (...)

The UK Competition Authority provisionally clears a merger between two telecommunications companies (Virgin / O2)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95623 visits
CMA provisionally clears merger of Virgin and O2* The CMA has provisionally cleared the proposed merger of Virgin Media and Virgin Mobile with O2. Both Virgin and O2 provide certain wholesale services to other mobile network operators in the UK, as well as retail services to consumers. The (...)

The French Competition Authority clears subject to conditions the exclusive control acquisition by a mobile phone operator of a company specialised in mobile telephony services (Bouygues Telecom / Euro Information Telecom)
French Competition Authority (Paris)
France 743 contributions 395473 visits
The Autorité clears, subject to conditions, the exclusive control acquisition by Bouygues Telecom group of Euro Information Telecom* The Autorité de la concurrence clears, subject to conditions, the exclusive control acquisition by Bouygues Telecom group, of Euro Information Telecom, (...)

The UK Competition Authority refers to the proposed merger of two telecommunications companies for a phase 2 investigation (Virgin / O2)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95623 visits
Virgin and O2 merger referred for in-depth investigation* The CMA has referred the proposed merger of Virgin Media and Virgin Mobile with O2 for an in-depth Phase 2 investigation The move comes after Virgin and O2 requested that the Competition and Markets Authority (CMA) move quickly to (...)

The German Government prohibits the acquisition of a telecommunication company by a Chinese buyer under the foreign direct investment rules (IMST / Addsino)
Peter Camesasca Advocaat
Belgium 34 contributions 13104 visits
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Covington & Burling (Frankfurt)
Germany 12 contributions 6274 visits
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Covington & Burling (Frankfurt)
Germany 7 contributions 2780 visits
On 2 December 2020, the German government prohibited the acquisition of German company IMST GmbH, Kamp-Lintfort (“IMST”) by a Chinese investor. This is the second high profile prohibition decision issued by the German government this year on the grounds of Foreign Direct Investment (“FDI”) (...)

The German Government prohibits the acquisition of a telecommunications company by a Chinese industrial group on the basis of the foreign trade and payments ordinance (IMST / Addsino)
Van Bael & Bellis (Brussels)
Belgique 30 contributions 3997 visites
On 2 December 2020, the German Government prohibited on public security grounds the sale of the German Institut für Mobil-und Satellitenfunktechnik (“IMST”), a specialist in satellite and communications technologies, to Addsino, a subsidiary of State-owned defence group China Aero- space (...)

The German Government prohibits the acquisition of a communications technology company by a Chinese communication product manufacturer (IMST / Addsino)
Hogan Lovells (Brussels)
Belgium 20 contributions 8723 visits
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Hogan Lovells (Düsseldorf)
Germany 5 contributions 967 visits
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Hogan Lovells (Brussels)
Belgium 8 contributions 1918 visits
Foreign investment control has become a key factor in M&A deals and 2020 has been an eventful year. A large number of economies have introduced foreign investment control regimes or tightened their existing rules. Now it appears that it is time to make use of them: this week Germany has (...)

The Lithuanian Competition Authority clears with behavioral commitments a telecom’s acquisition of retail broadband and IPTV business of State-owned radio and TV company (Bite Lietuva / Mezon)
Lithuanian Competition Authority (Vilnius)
Lithuania 1 contribution 52 visits
In November 2020, Lithuanian competition authority has cleared a merger between Bite Lietuva and state-owned business Mezon with behavioural commitments. The merger was approved on the condition that Bite shall not lease or transfer Mezon’s 2.3GHz and 2.6GHz frequencies to its joint (...)

The EU Commission clears several telecommunication undertakings’ acquisition of a fibre network operator, subject to conditions (Altice / Allianz / Omer / Covage)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824426 visits
Mergers: Commission clears Altice, Allianz and Omers’ joint acquisition of Covage, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Covage by SFR FTTH, a company jointly controlled by Altice, Allianz and Omers. The (...)

The UK Competition Authority gets a case referred back by the EU Commission concerning a merger in the telecommunications sector (Telefónica / Liberty Global)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95623 visits
European Commission refers review of Virgin and O2 deal to CMA* Following a request from the CMA, the European Commission has referred the proposed merger of Virgin Media and Virgin Mobile with O2 to the CMA for investigation. Following the announcement of the deal on 7 May 2020, the (...)

The EU Commission refers the acquisition of a telecom company back to the UK Competition Authority (Telefónica / Liberty Global)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824426 visits
Mergers: Commission refers acquisition of newly created joint venture by Telefónica and Liberty Global to the UK competition authority* The European Commission has referred the proposed acquisition by Telefónica S.A. and Liberty Global PLC of a newly created joint venture to the Consumers (...)

The Dutch Competition Authority clears a merger in the telecommunications sector (Simpel / T-mobile)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 35139 visits
ACM clears acquisition of Dutch telecom operator Simpel by rival operator T-Mobile* The Netherlands Authority for Consumers and Markets (ACM) has cleared the acquisition of telecom operator Simpel by rival operator T-Mobile. Over its fixed and mobile networks, T-Mobile offers consumers (...)

The Croatian Competition Authority informs that the remedy of divesting shares in the national telecom merger has been carried out (Optima / HT)
Croatian Competition Agency (Zagreb)
Croatie 118 contributions 19446 visites
CCA OFFICIAL STATEMENT REGARDING THE PUBLISHING OF INFORMATION IN THE DIVESTMENT PROCEDURE OF OPTIMA SHARES BY HT* With respect to the queries of third parties, the Croatian Competition Agency (CCA) herewith informs the public that the divestment procedure involving the selling off the (...)

The US DoJ conditionally clears a fibre-based telecom merger in Puerto Rico and the US Virgin Islands (Liberty Latin America / AT&T)
US Department of Justice (Washington)
United States 176 contributions 74894 visits
Justice Department Requires Divestiture In Order For Liberty Latin America To Acquire AT&T’s Telecommunications Operations In Puerto Rico And The U.S. Virgin Islands* Divestiture Will Preserve Competition for Fiber-Based Telecommunications Services for Enterprise Customers in Puerto Rico (...)

The UK Competition Authority requests the EU Commission reviews a proposed merger impacting retail and wholesale telecommunications markets in the UK (Virgin / O2)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95623 visits
CMA requests review of Virgin and O2 merger* The CMA has made a request to the European Commission to refer the proposed merger of Virgin Media and Virgin Mobile with O2 to the CMA for investigation. Liberty Global plc (Liberty) owns Virgin Media and Virgin Mobile in the UK, and Telefónica (...)

The EU Court of Justice rules that a restriction imposed by Italian law on acquisitions in the broadcasting and audiovisual sectors is contrary to EU Law (Vivendi / Mediaset)
Ashurst (Brussels)
Belgium 45 contributions 45899 visits
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Ashurst (Milan)
Italy 102 contributions 29550 visits
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Ashurst (Brussels)
Belgium 12 contributions 6354 visits
On 3 September 2020, the European Court of Justice ("ECJ") ruled that a restriction imposed by an Italian law on acquisitions in the broadcasting and audiovisual sectors is contrary to the fundamental EU law principle of the freedom of establishment enshrined in Article 49 of the Treaty on the (...)

The EU Court of Justice rules that certain anti-concentration limits set forth by the Italian legislation for the protection of media pluralism are incompatible with the competition law (Vivendi / Mediaset)
Portolano Cavallo (Milan)
Italie 63 contributions 9841 visites
Summary: The CJEU has established that the market concentration thresholds set forth by Article 43(11) of Legislative Decree No. 177/05, and based on the overall revenues of the so called “Integrated System of Communications,” are inadequate to detect or prevent the risk for pluralism and thus (...)

The US DoJ reaches a settlement with new stricter conditions and fines the company after finding violations of the original conditions (CenturyLink / Level 3 Communications)
US Department of Justice (Washington)
United States 176 contributions 74894 visits
Justice Department Brings Enforcement Action Against Centurylink* In Significant Action, CenturyLink Agrees to Extend Term, Appoint Independent Monitor, and Reimburse Taxpayers for the Costs and Fees of the Violations The Department of Justice announced today that CenturyLink, Inc. has (...)

The Spanish Competition Authority agrees to extend the remedies agreed as part of the pay-TV merger authorisation for 3 years (Telefónica / DTS)
Spanish Competition Authority (CNMC) (Madrid)
Spain 138 contributions 30118 visits
The CNMC agrees to extend for three years the remedies agreed as part of the merger authorisation between Telefónica and DTS in 2015* All the remedies are maintained for the maximum period of three years, save for the one involving the purchase of exclusive broadcast rights in Spain for (...)

The US DoJ congratulates the merger of telecom operator on closing the agreed divestiture with a satellite TV company (T-Mobile / Dish / Boost)
US Department of Justice (Washington)
United States 176 contributions 74894 visits
Justice Department Congratulates T-Mobile And Dish For Closing The Boost Divestiture* T-Mobile US Inc. (T-Mobile) and Dish Network Corporation (Dish) announced today that they closed T-Mobile’s divestiture of Boost Network (Boost) to Dish. Boost was legacy Sprint Corporation’s prepaid (...)

The EU General Court raises the Commission’s bar for mergers in concentrated markets (Telefónica UK / Hutchison 3G UK)
Cleary Gottlieb Steen & Hamilton (Brussels)
États-Unis 10 contributions 8468 visites
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Cleary Gottlieb Steen & Hamilton (Brussels)
Germany 9 contributions 2408 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
France 3 contributions 3452 visits
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In a landmark Judgment delivered on May 28, the General Court overturned the European Commission’s 2016 prohibition of the Three/O2 UK mobile telecommunications merger. The Judgment raises the bar for the Commission in respect of (1) the legal standard the Commission must meet; (2) the (...)

The EU General Court annuls the Commission’s decision to block the proposed merger in the UK sector of the mobile telephony market (Telefónica UK / Hutchison 3G UK)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 29816 visits
The General Court annuls the Commission’s decision to block the proposed acquisition of Telefónica UK by Hutchison 3G UK in the sector of the mobile telephony market* On 11 May 2016, [1] the Commission adopted a decision in which it blocked, under the Merger Regulation, [2] the proposed (...)

The EU General Court annuls the Commission’s decision prohibiting an oligopolistic merger between two mobile network operators in the telecommunication sector on the basis that it did not result in the creation or strengthening of a dominant position (Telefónica UK / Hutchison 3G UK)
Herbert Smith Freehills (London)
United Kingdom 24 contributions 8249 visits
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Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71797 visits
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Herbert Smith Freehills (London)
United Kingdom 59 contributions 21063 visits
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On 28 May 2020 the General Court handed down its ruling in CK Telecoms UK Investment Ltd v European Commission (Case T-399/16) in which it annulled the EU Commission’s decision which prohibited the proposed acquisition by CK Hutchison Holdings Ltd (Hutchison) of Telefónica Europe plc (O2). The (...)

The EU General Court annuls the Commission’s prohibition of the merger between two telecommunications companies and clarifies the application of the SIEC test to non-coordinated effects in oligopolistic markets (Hutchison 3G / Telefonica)
Zepos & Yannopoulos (Athens)
Greece 35 contributions 3606 visits
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Linklaters (London)
United Kingdom 34 contributions 3102 visits
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Zepos & Yannopoulos (Athens)
Greece 29 contributions 2428 visits
On 28 May 2020, the EU General Court issued a ruling annulling the European Commission’s decision prohibiting the proposed acquisition of Telefónica UK by Hutchison 3G UK. The Commission had examined this transaction as a “four-to-three” merger and had blocked it in 2016, in line with its (...)

The EU General Court annuls the Commission’s prohibition of a merger between two of the UK’s four mobile network operators after finding errors in the analysis of alleged anticompetitive effects whilst conducting its acquisition review (Telefónica UK / Hutchison 3G UK)
Baker Botts (Brussels)
Belgium 28 contributions 20206 visits
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Baker Botts (Brussels)
Belgium 10 contributions 7469 visits
Firm Thought Leadership In what is destined to rank as one of the most significant judicial knockbacks of the European Commission (“Commission”) in the area of merger control for many years, the EU’s General Court (“Court”) has annulled the decision by the Commission in 2016 to prohibit the (...)

The EU General Court annuls the Commission’s decision prohibiting a merger between two telecommunication companies (Telefónica UK / Hutchison 3G UK)
European Commission - DG COMP (Brussels)
Belgium 13 contributions 10892 visits
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Shearman & Sterling (Brussels)
Belgium 21 contributions 10113 visits
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Shearman & Sterling (London)
United Kingdom 23 contributions 14050 visits
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Under the leadership of Margrethe Vestager, the European Commission has taken an increasing interventionist stand across all areas of antitrust enforcement, in particular in merger control. The EU’s General Court dealt that aggressive agenda a massive blow by annulling the first of her many (...)

The EU General Court overturns the EU Commission’s prohibition of a mobile telecommunications merger (Telefónica UK / Hutchison 3G UK)
Cleary Gottlieb Steen & Hamilton (Brussels)
United States 10 contributions 8468 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Germany 9 contributions 2408 visits
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Cleary Gottlieb Steen & Hamilton (London)
Belgium 32 contributions 37820 visits
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In a landmark Judgment delivered on May 28, the General Court overturned the European Commission’s 2016 prohibition of the Three/O2 UK mobile telecommunications merger. The Judgment raises the bar for the Commission in respect of (1) the legal standard the Commission must meet; (2) the (...)

The EU General Court annuls the Commission’s decision prohibiting the acquisition of two telecommunication companies (Telefónica UK / Hutchison 3G UK)
Government Legal Department (London)
United Kingdom 18 contributions 2463 visits
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Van Bael & Bellis (Brussels)
Belgium 227 contributions 71808 visits
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Van Bael & Bellis (Brussels)
Belgium 38 contributions 9548 visits
1. Summary On 28 May 2020, the EU General Court handed down a ruling annulling the European Commission’s (“Commission”) decision prohibiting the proposed acquisition of Telefónica UK (“O2”) by Hutchison 3G UK (“Three”). The ruling has potentially significant implications for mergers in the (...)

The Australian Competition Authority blocks a proposed merger between a fixed-line provider and a mobile network operator (TPG / VHA)
Ashurst (Sydney)
Australia 9 contributions 2870 visits
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Ashurst (Sydney)
Australia 7 contributions 869 visits
Following an 8 month investigation, on 8 May 2019, the Australian Competition and Consumer Commission ("ACCC") announced its decision to oppose the proposed merger between fixed-line provider TPG Telecom ("TPG") and mobile network operator Vodafone Hutchinson Pty Limited ("VHA"). VHA and TPG (...)

The Kenyan Competition Authority approves a merger, subject to conditions, between two telecommunications companies (Airtel / Telkom)
Mosoti & Company advocates (Nairobi)
2 contributions 264 visits
Kenya’s Competition Tribunal: Airtel/Telkom merger generates first decision* On 4th May 2020, the Kenyan Competition Tribunal made its first decision after considering the application for review of the Airtel-Telkom merger where they contested 7 out of 8 the conditions imposed. The (...)

The UK Competition Authority unconditionally clears a merger of independent providers of telecommunication infrastructure (Cellnex / Arqiva)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95620 visits
Cellnex’s purchase of Arqiva cleared by CMA after thorough review* The CMA has cleared the £2bn merger between Cellnex UK and Arqiva’s telecommunication infrastructure division. Both companies are independent providers of telecommunication infrastructure, including towers, pylons and (...)

The UK Competition Authority unconditionally clears a takeover of UK telecom infrastructure by a Spanish telecommunications company making it the largest independent tower company in the UK (Cellnex / Arqiva)
CMS Cameron McKenna (London)
United Kingdom 1 contribution 57 visits
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Group Of Humans (King’s Lynn)
United Kingdom 1 contribution 57 visits
Green light for UK tower consolidation* On 22 April 2020, the UK Competition and Markets Authority (CMA) cleared Cellnex’s acquisition of Arqiva’s UK telecoms infrastructure business. Cellnex, which currently has a small share of the independent supply of communications infrastructure in the (...)

The Indian Competition Authority approves a Big Tech company’s minority investment in a national telecommunications firm (Facebook / JIO Platforms)
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10258 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10324 visits
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Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8416 visits
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Jaadhu Holdings LLC (“Jaadhu”), is an indirect wholly owned subsidiary of Facebook Inc. (“Facebook”), incorporated in the state of Delaware, USA.1 Jio Platforms Ltd. (“Jio”), a subsidiary of Reliance Industries Ltd (“RIL”). Jio owns and operates digital applications and holds controlling (...)

The US District Court of Columbia enters the final judgment regarding the merger of the third and fourth-largest telecommunication providers and allows for proposed structural remedies to proceed (T-Mobile / Sprint)
US Department of Justice (Washington)
United States 176 contributions 74893 visits
Court Enters Final Judgment in T-Mobile/Sprint Transaction: Order Allows Divestitures to Proceed* Today, a federal district court in Washington, D.C., concluded that the Antitrust Division’s resolution of its challenge to the merger between T-Mobile and Sprint was in the public interest and (...)

The Hungarian Competition Authority reopens a previously approved acquisition between two telecommunication players on the basis that the parties submitted false and misleading data during the notification and approval procedure (Invitel / GVH)
Bird & Bird (Budapest)
Hungary 18 contributions 2383 visits
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Bird & Bird (Budapest)
Hungary 16 contributions 2137 visits
The Hungarian Competition Authority (GVH) finally approved the acquisition of Invitel by DIGI, both significant players on the Hungarian telecoms market. However, with with a complex remedies package as published on 18 March 2020 (Vj/42/2018). As we already reported, the approval of the merger (...)

The Hungarian Competition Authority reopens an investigation into the acquisition of a digital network operator and issues a new conditional approval (Invitel / DIGI)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71808 visits
On 18 March 2020, the Hungarian Competition Authority (“GVH”) conditionally re-approved fixed telecommunications service provider DIGI’s acquisition of its rival Invitel. The GVH had already conditionally cleared the acquisition in May 2018 (see VBB on Competition Law, Volume 2018, No. 5). (...)

The EU Commission clears a joint venture agreement between two mobile network operators and explains why their network sharing agreement does not raise competition concerns (INWIT/ TIM / Vodafone)
Geradin Partners (Brussels)
France 20 contributions 38864 visits
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Centre for IT & IP Law (CiTiP) (KU Leuven) (Brussels)
3 contributions 3609 visits
Network sharing and EU competition law in the 5G era: A case of policy mismatch* In January 2020, Vodafone Italia and Telecom Italia notified the Commission of a JV agreement to pool together their passive infrastructure. Under this agreement, Vodafone’s passive infrastructure is combined (...)

The EU Commission clears proposed acquisition of joint control in the telecommunications sector (INWIT/ TIM / Vodafone)
Ashurst (Brussels)
Belgium 45 contributions 45900 visits
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Ashurst (London)
United Kingdom 13 contributions 2408 visits
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Ashurst (London)
United Kingdom 4 contributions 629 visits
On 6 March 2020, the European Commission ("Commission") cleared the proposed acquisition of joint control over INWIT by Telecom Italia ("TIM") and Vodafone in case M.9674, combining the parties’ Italian telecommunications tower holdings as part of their 5G roll-out plan. WHAT YOU NEED TO (...)

The Australian Competition Authority decides not to appeal the Federal Court’s decision in a merger which declared that it would not have the effect, or likely effect, of substantially lessening competition in the supply of retail mobile services (TPG / Vodafone)
Bird & Bird (Sydney)
Australia 21 contributions 2423 visits
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Bird & Bird (Sydney)
Australia 28 contributions 3397 visits
The ACCC has decided not to appeal the Federal Court of Australia’s highly anticipated judgment in the TPG/Vodafone merger in which it declared that the proposed merger between the two parties would not have the effect, or likely effect, of substantially lessening competition in the supply of (...)

The EU Commission unconditionally approves a proposed acquisition of joint control in the telecommunications market (Prosegur Alarmas / Telefónica / Prosegur)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
Mergers: Commission approves acquisition of joint control over Prosegur Alarmas by Telefónica and Prosegur* The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of joint control over Prosegur Alarmas by Telefónica and Prosegur. The (...)

The US District Court for the Southern District of New York clears a merger between the top third and fourth wireless communications provider (State AGs / T-Mobile / Sprint)
US Federal Trade Commission (FTC) (New York)
United States 1 contribution 557 visits
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Weil, Gotshal & Manges (Washington)
United States 2 contributions 1025 visits
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Weil, Gotshal & Manges (Washington)
United States 3 contributions 1291 visits
T-Mobile’s Marathon to Acquire Sprint: Five Takeaways from the T-Mobile/Sprint Antitrust Litigation After almost two years of scrutiny by state and federal regulators and an ensuing court battle, T-Mobile US, Inc. (“T-Mobile”) is moving forward with its acquisition of Sprint Corporation (...)

The Australian Federal Court approves a merger between an incumbent and a potential entrant in the retail mobile market (TPG / Vodafone)
RBB Economics (Melbourne)
Australia 1 contribution 182 visits
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RBB Economics (Melbourne)
Australia 1 contribution 182 visits
1.Introduction On 13 February 2020, the Federal Court of Australia (Federal Court) declared that the proposed merger between Vodafone Hutchison Australia (Vodafone) and TPG Telecom (TPG) (Vodafone / TPG) was unlikely to lead to a significant lessening of competition in the Australian retail (...)

The Croatian Competition Authority clears a merger in the pay television transmission services market (Slovenia Broadband / Tele2)
Croatian Competition Agency (Zagreb)
Croatia 118 contributions 19446 visits
Slovenia Broadband and Tele2 merger approved* In the assessment procedure of the concentration between the undertakings Slovenia Broadband and Tele2 the CCA took into account all relevant facts, the results of the legal and economic analysis and the effects of the vertical concentration on (...)

The Polish Competition Authority conditionally approves a merger in the cable television and internet access market (Multimedia / Vectra)
Bird & Bird (Warsaw)
Poland 19 contributions 3006 visits
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Bird & Bird (Warsaw)
Poland 19 contributions 3006 visits
In August 2018, Vectra notified UOKiK about its planned acquisition of Multimedia Polska (Multimedia), a competing provider of cable television and Internet access. Following its initial assessment of the planned transaction, UOKiK initiated the second stage of its proceedings in September (...)

The Belgian Competition Authority imposes an interim measure to temporarily suspend the joint venture between two of the three main telecom companies in the national market (Orange Belgium / Proximus)
Allen & Overy (Brussels)
Belgium 28 contributions 3273 visits
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Bird & Bird (Brussels)
Belgium 42 contributions 12192 visits
On 8 January, the Belgian Competition Authority ("BCA") imposed an interim measure to temporarily suspend the joint venture ("JV") between Orange and Proximus, two of the three main telecom players in the Belgian market. The cooperation between Orange and Proximus relates to the sharing of (...)

The Belgian Competition Authority imposes interim measures suspending a joint venture for sharing the mobile radio access networks (Telenet / Orange Belgium / Proximus)
European Commission - DG COMP (Brussels)
Belgium 45 contributions 20620 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 28564 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20604 visits
On 22 November 2019, the Belgian companies Orange Belgium, SA/NV and Proximus, SA/NV concluded an agreement to create a joint venture for the sharing of the mobile radio access networks. However, the Telenet Group, SA/NV and Telenet, SPRL/BVBA ( jointly, ‘Telenet’) requested a deeper inquiry (...)

The Belgian Competition Authority imposes an interim measure suspending the implementation of a shareholder’s agreement and the radio access network sharing agreement in the telecommunications market (Telenet / Orange Belgium / Proximus)
Belgian Competition Authority (Brussels)
Belgium 109 contributions 22896 visits
Interim measure imposed on Orange and Proximus in respect of the joint venture for the sharing of the mobile radio access networks* The Competition College of the Belgian Competition Authority (BCA) has at the request of Telenet Group NV and Telenet BVBA (Telenet) imposed on 8 January 2020 (...)

The German Competition Authority conducts a parallel investigation into the potential for cartelization and merger review proceedings resulting in a conditional approval of the joint venture (Telekom / EWE)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71808 visits
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 German Competition Authority clears the plans of telecommunications companies to jointly expand and operate fibre-optic networks (Telekom Deutschland / EWE)
Bird & Bird (Dusseldorf)
Germany 21 contributions 2526 visits
The German Federal Cartel Office (“FCO”) has cleared the plans of Telekom Deutschland GmbH and EWE AG to jointly expand and operate fiber-optic networks in parts of North West Germany. This is a landmark decision by the FCO in relation to the expansion of fiber optic networks in Germany, (...)

The EU Commission clears subject to behavioural commitments a merger in the telecommunications sector (Telia / Bonnier Broadcasting)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71808 visits
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 (...)

The EU Commission clears a merger subject to remedies in the market of telecommunications and TV broadcasting (Telia / Bonnier Broadcasting)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
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 French Competition Authority decides to not renew remedies previously imposed to clear a merger in the telecommunications sector (SFR / Altice)
French Competition Authority (Paris)
France 743 contributions 395460 visits
Acquisition of SFR by Altice: the Autorité de la concurrence will not renew the commitments and maintains certain injunctions* Given changes to the markets, the Autorité de la concurrence will not renew the commitments made by Altice upon acquiring SFR. However, the injunctions with (...)

The Spanish Competition Authority fines a company for a merger commitment breach (Telefonica)
European Commission - DG COMP (Brussels)
Belgium 45 contributions 20620 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 28564 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20604 visits
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 French Competition Authority closes ex officio proceedings to verify compliance with remedies concerning a merger in the telecom sector (Altice / SFR)
French Competition Authority (Paris)
France 743 contributions 395460 visits
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 (...)

The French Competition Authority clears the acquisition of a company in the telecommunication sector (Iliad 7 / Cellnex)
French Competition Authority (Paris)
France 743 contributions 395460 visits
The Autorité de la concurrence clears the acquisition of Iliad 7 by Cellnex* By this transaction, Iliad (Free) sells all the towers of its mobile network to the Spanish company Cellnex, which, from now on, will rent them to Iliad. On 8 August 2019, Cellnex notified the Autorité of its plan (...)

The EU Commission clears the acquisition, subject to remedies, of a cable business company (Vodafone / Liberty Global)
Bird & Bird (Dusseldorf)
Germany 21 contributions 2526 visits
On 18 July 2019, the European Commission (“EC”) cleared the acquisition of Liberty Global’s cable business by Vodafone in Germany, Czechia, Hungary and Romania subject to remedies. The concerns of the EC mainly related to the German market. In particular, the EC was worried that the (...)

The EU Commission clears a merger subject to remedies in the telecommunication market (Vodafone / Liberty Global)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
Mergers: Commission clears Vodafone’s acquisition of Liberty Global’s cable business in Czechia, Germany, Hungary and Romania, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition by Vodafone of Liberty Global’s cable business (...)

The EU Commission conditionally clears a merger in the cable network market in four countries (Vodafone / Liberty Global)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71808 visits
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 (...)

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)
Denmark 131 contributions 35925 visits
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 (...)

The Spanish Competition Authority investigates a possible infringement of merger commitments in the telecom sector (Telefónica)
European Commission - DG COMP (Brussels)
Belgium 45 contributions 20620 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 28564 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20604 visits
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 EU General Court rejects a legal challenge to conditional clearance of a joint venture in the wholesale provision of premium pay-TV sports channels market (Vodafone / Liberty Global)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71808 visits
On 23 May 2019, the General Court of the European Union (“GC”) rejected a legal challenge brought against the European Commission’s (“Commission”) conditional clearance of the Liberty Global / Vodafone joint venture in the Netherlands by rival KPN (see VBB on Competition Law, Volume 2016, No. (...)

The Italian Competition Authority conditionally clears a merger in the market for retail Pay-TV services (Sky / R2)
Luiss Guido Carli University (Rome)
Italy 27 contributions 5464 visits
On 20th May 2019, the Italian Competition Authority (the "AGCM") cleared the merger between Sky Italia S.r.l.’s ("SKY") and R2 S.r.l. ("R2"), a company formerly owned by Mediaset Premium S.p.A. ("MP") and providing technical and administrative platform services for broadcasting by means of (...)

The EU Commission opens an in-depth investigation regarding a merger in the audiovisual sector (Telia / Bonnier Broadcasting)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
Mergers: Commission opens in-depth investigation into Telia Company’s proposed acquisition of Bonnier Broadcasting* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Bonnier Broadcasting by Telia Company under the EU Merger Regulation. The (...)

The Australian Competition Authority opposes a proposed merger between a supplier of retail fixed broadband and the owner and operator of the third largest 3G and 4G mobile network in the country (TPG / Vodafone)
Bird & Bird (Sydney)
Australia 28 contributions 3397 visits
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Bird & Bird (Sydney)
Australia 21 contributions 2423 visits
On the 8th of May, 2019, the Australian Competition and Consumer Commission (ACCC) officially announced that it had decided to oppose the proposed merger between TPG Telecom Limited (TPG), a supplier of retail fixed broadband and voice services and the owner of an extensive fibre network in (...)

The Italian Competition Authority opens an in-depth investigation to assess a proposed acquisition in the pay-TV market (Sky / R2)
Luiss Guido Carli University (Rome)
Italy 27 contributions 5464 visits
On 7 March 2019, the Italian Competition Authority ("AGCM") opened an in-depth investigation (phase II) to assess the proposed acquisition of R2 S.r.l., the Operation Pay branch of Mediaset Premium, by Sky Italia S.r.l. and Sky Italian Holdings S.p.A. The investigation is aimed at examining (...)

The EU Commission issues first-ever Statement of Objections for breaching a merger commitment in the telecommunication sector (Telefónica Deutschland)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71808 visits
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 a Statement of Objections to a telecommunications company over an alleged breach of merger clearance commitments (Telefónica Deutschland)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
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 (...)

The EU Commission sends a Statement of Objections to a company for alleged infringement of merger commitments (Telefónica Deutschland)
European Commission - DG COMP (Brussels)
Belgium 45 contributions 20620 visits
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Gómez-Acebo & Pombo (Brussels)
Belgium 51 contributions 28564 visits
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Basic-Fit (Hoofddorp)
Netherlands 45 contributions 20604 visits
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 (...)

The Hellenic Competition Authority clears the acquisition of the joint control of companies in the media sector (Alpha Satellite / Alpha Radio / Alpha Kronos Radio)
Kyriakides Georgopoulos (Athens)
Greece 61 contributions 2279 visits
MERGER CONTROL-MEDIA SECTOR HCC cleared the acquisition of the joint control of Alpha Satellite TV SA, Alpha Radio SA and Alpha Kronos Radio SA by Motor Oil, Alpha Media and Dimitris Kontominas. In a Plenary Session, the HCC unanimously proceeded in February 2019 to the clearance of the (...)

The EU Commission opens an in-depth investigation to assess a merger in the telecoms and TV services market (Liberty Global / Vodafone)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
Mergers: Commission opens in-depth investigation into proposed acquisition by Vodafone of Liberty Global’s business in Czechia, Germany, Hungary and Romania* The European Commission has opened an in-depth investigation to assess Vodafone’s proposed acquisition of Liberty Global’s business in (...)

The EU Commission unconditionally clears a merger in the Dutch retail mobile telecommunications market (T-Mobile / Tele2)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71808 visits
On 27 November 2018, the European Commission (“Commission”) unconditionally approved the proposed acquisition by T-Mobile of Tele2 under the EU Merger Regulation. The transaction combines the third largest (T-Mobile) and fourth largest (Tele2) operators in the Dutch retail mobile (...)

The EU Commission clears a merger in the telecommunications services market (Austria / T-Mobile)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
Mergers: Commission approves acquisition of UPC Austria by T-Mobile Austria* The European Commission has approved unconditionally under the EU Merger Regulation the proposed acquisition of UPC Austria by T-Mobile Austria. The Commission concluded that the transaction would raise no (...)

The EU Commission opens an in-depth investigation concerning a merger in the Dutch retail mobile telecommunications market (Tele2 / T-Mobile)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
MERGERS: COMMISSION OPENS IN-DEPTH INVESTIGATION INTO PROPOSED ACQUISITION OF TELE2 NL BY T-MOBILE NL IN THE NETHERLANDS* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Tele2 NL by T-Mobile NL under the EU Merger Regulation. The Commission (...)

The EU Commission conditionally clears a merger for the second time in the market for the wholesale of premium Pay TV film channels, following its annulment by the General Court (Liberty Global / Ziggo)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
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 Commission imposes a fine of €124.5M on a multinational cable and telecommunications company for gun jumping (Altice / PT Portugal)
MemeryCrystal (London)
États-Unis 12 contributions 2976 visites
COMMISSION IMPOSES UPON DUTCH CABLE & TELCO COMPANY ALTICE A RECORD FINE OF €125 MILLION FOR GUN JUMPING UNDER THE EU MERGER REGULATION* On 24th April 2018 the European Commission announced that it had imposed a fine of €124.5 million on Altice, the multinational cable and (...)

The EU Commission imposes a record €125M fine on a multinational cable and telecommunications company for gun jumping (Altice / PT Portugal)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71808 visits
On 24 April 2018, the European Commission fined Altice, a Dutch-based telecom operator, € 125 million for procedural infringements of the EU Merger Regulation. By way of background, on 9 December 2014, Altice entered into an agreement to acquire sole control of PT Portugal. Altice notified (...)

The EU Commission publishes its decision in a telecommunications gun jumping case (Altice / PT Portugal)
Simmons & Simmons (London)
United Kingdom 11 contributions 4181 visits
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Simmons & Simmons (London)
United Kingdom 7 contributions 7340 visits
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Crowell & Moring (London)
United Kingdom 16 contributions 9719 visits
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On 24 April 2018, the European Commission (Commission) fined Altice NV (Altice) €124.5m for breaching both Article 4(1) and 7(1) of Council Regulation (EC) No 139/2004 (the EU Merger Regulation or EUMR). Article 4(1) EUMR contains the “notification requirement” under which relevant (...)

The EU Commission fines a multinational cable and telecommunications company for gun jumping (Altice / PT Portugal)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
Mergers: Commission fines Altice €125 million for breaching EU rules and controlling PT Portugal before obtaining merger approval* The European Commission has imposed a €124.5 million fine on Altice, the multinational cable and telecommunications company based in the Netherlands, for (...)

The EU Commission imposes a record fine of €124.5M for gun-jumping in relation to a merger in the telecommunications sector (Altice / PT Portugal)
McDermott Will & Emery (Brussels)
Belgium 43 contributions 7575 visits
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McDermott Will & Emery (Paris)
France 134 contributions 66026 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 7060 visits
When drawing up an acquisition agreement in a transaction that will be notifiable to the EC for clearance under the EUMR, the acquirer must ensure that any veto or similar rights that it has prior to implementation of the transaction are strictly limited to that which is necessary to preserve (...)

The EU Commission fines a multinational cable and telecommunications company €125M for gun jumping (Altice / PT Portugal)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46230 visits
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Callol, Coca & Asociados (Madrid)
Spain 61 contributions 3951 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 22032 visits
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On 24 April 2018, the European Commission (EC) fined Altice €124.5 million (the highest fine imposed in Europe for gun-jumping) for the acquisition of PT Portugal without having notified the operation to the EC and obtained the mandatory clearance. In February 2015, Altice notified to the EC (...)

The EU Commission imposes a €124.5M fine on a multinational cable and telecommunications company for gun jumping (Altice / PT Portugal)
Barclays (London)
United Kingdom 3 contributions 758 visits
With complex merger reviews now taking 6-15 months, buyers can face lengthy periods between signing and closing, when they bear commercial risk but the target is required to operate entirely independently. While most competition agencies allow buyers to take reasonable and necessary steps to (...)

The EU Commission fines a multinational cable and telecommunications company €124.5M for implementing its acquisition before obtaining approval (Altice / PT Portugal)
Freshfields Bruckhaus Deringer (London)
United Kingdom 8 contributions 2644 visits
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Freshfields Bruckhaus Deringer (Brussels)
Belgium 6 contributions 866 visits
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Freshfields Bruckhaus Deringer (Brussels)
Belgium 5 contributions 1120 visits
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The European Commission (Commission) announced today its decision to fine multinational cable and telecoms company Altice €124.5 million for breaching the EU Merger Regulation by implementing its 2015 acquisition of a telecommunications operator, PT Portugal, before notification to, or (...)

The EU Commission fines a telecommunications company for gun jumping (Altice / PT Portugal)
Freshfields Bruckhaus Deringer (Brussels)
Belgium 6 contributions 866 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 8 contributions 2644 visits
European Commission decision provides guidance on how merging parties can mitigate the risk of ’gun jumping’ Following on from our update on this topic in April, the European Commission (Commission) has published the non-confidential version of its decision to fine multinational cable and (...)

The EU Commission fines a multinational cable and telecoms company €124.5M for having implemented its acquisition prior to notifying the transaction and receiving clearance (Altice / PT Portugal)
Herbert Smith Freehills (London)
United Kingdom 59 contributions 21063 visits
The EU Commission has imposed a fine of €124.5 million on Altice, a multinational cable and telecoms company, for having implemented its acquisition of Portuguese telecoms operator PT Portugal prior to notifying the transaction and receiving clearance under the EU Merger Regulation (EUMR), (...)

The Dutch Trade and Industry Appeals Tribunal upholds the Competition Authority’s approval for an acquisition in the telecommunications market (KPN / Vodaphone)
Jones Day (Amsterdam)
Netherlands 19 contributions 5010 visits
In Short The Ruling: The Dutch competition authority’s approval of KPN’s acquisition of fiber operator Reggefiber was upheld by the Dutch Trade and Industry Appeals Tribunal in February 2018. In assessing the merger’s competitive effects, the Tribunal notably considered regulatory measures (...)

The EU Commission conditionally approves a proposed merger in the market for providing pay-TV channels to TV distributors (Discovery / Scripps)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71808 visits
On 6 February 2018, the European Commission conditionally approved the proposed acquisition of Scripps by Discovery. Both Discovery and Scripps are active primarily as providers of pay-TV channels to TV distributors in Europe. The Commission was concerned that the deal risked increasing (...)

The EU Commission conditionally clears a merger in the semiconductor industry (Qualcomm / NXP)
IPR University Center (Helsinki)
Finland 29 contributions 5435 visits
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European Commission
Belgium 1 contribution 109 visits
Qualcomm’s Acquisition of NXP Receives Antitrust Clearance by the European Commission, Subject to Commitments* Introduction On 28 April 2017, the European Commission (“Commission”) received, pursuant to the EU Merger Regulation, notification of a proposed concentration involving the (...)

The Indian Competition Authority approves the acquisition of a major IT company’s retail mobile telephony business by its telecom rival (Airtel / Tata Teleservices)
Vaish Associates Advocates (New Delhi)
India 263 contributions 42181 visits
CCI approves Airtel-Tata Teleservices Deal* CCI vide its order dated November 16, 2017 has approved the acquisition of consumer mobile business or retail mobile telephony business of Tata companies by Airtel. The deal comes at a time when the telecom sector, bruised by tariff war and (...)

The Spanish Supreme Court dismisses an appeal over a gun jumping decision and rules that the acquisition should have been notified for merger control (Orange / Simyo)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46230 visits
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Callol, Coca & Asociados (Madrid)
Spain 43 contributions 3212 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 22032 visits
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On 23 July 2013, the NMCC found France Telecom España, S.A.U. (Orange) guilty for having failed to notify for merger control the acquisition of the exclusive control of KPN Spain, S.L.U. (SIMYO). Spanish law states that concentrations that meet either one of the (turnover and market share) (...)

The EU General Court overturns the EU Commission’s merger clearance relating to pay-TV sports channel industry (Liberty Global / Ziggo)
Dechert (Brussels)
Belgium 26 contributions 35657 visits
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Latham & Watkins (Brussels)
Belgium 1 contribution 374 visits
The EU lower court has overturned a 2014 merger clearance by the European Commission (EC) following an appeal by a third party. Overturning the clearance does not mean that the deal is now prohibited. Instead, the case goes back to the EC, and the parties have to re-notify. At best this is (...)

The EU General Court sets aside the Commission’s approval decision of a merger in the market for television and telecommunication services (Liberty Global / Ziggo)
Municipality of Cagliari
167 contributions 133274 visits
By the judgment recently rendered in the KPN/Commission case , the General Court of the EU (GC) has quashed the decision previously made by the European Commission by which it gave a conditional go-ahead to the Ziggo acquisition by Liberty Global. The appeal was filed by a competitor of the (...)

The EU General Court annuls the Commission’s conditional merger clearance in the audiovisual sector (Liberty Global / Ziggo)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71808 visits
On 26 October 2017, the General Court annulled the European Commission’s conditional merger clearance decision in Liberty Global/Ziggo. The Commission had approved the acquisition of Ziggo by Dutch rival cable TV operator Liberty Global in 2014, subject to extensive conditions including the (...)

The French Competition Authority clears a merger in the telecommunication and media sector (SFR / Groupe News Participation)
French Competition Authority (Paris)
France 743 contributions 395460 visits
The Autorité de la Concurrence clears the acquisition of Groupe News Participations by SFR Group * Parties to the operation On 6 April 2017, the SFR Group notified the Autorité de la Concurrence that it was increasing its holding in Groupe News Participations (hereafter “GNP”), thus taking (...)

The Belgian Competition Authority clears a merger subject to remedies in the telecommunication market (Coditel / Telenet)
Belgian Competition Authority (Brussels)
Belgium 109 contributions 22896 visits
THE BCA HAS APPROVED CONDITIONALLY THE ACQUISITION OF CODITEL BY TELENET* The Competition College of the Belgian Competition Authority (BCA) has approved conditionally on 12 June 2017 the acquisition of Coditel Brabant SPRL and her subsidiary Coditel SARL (hereafter ‘Coditel’) by Telenet (...)

The EU Commission clears a merger subject to remedies in the telecommunication market (Telecom Italia / Vivendi)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
MERGERS: COMMISSION APPROVES VIVENDI’S ACQUISITION OF TELECOM ITALIA, SUBJECT TO CONDITIONS* The European Commission has approved the acquisition of de facto control over Telecom Italia by Vivendi. The decision is conditional on the divestment of Telecom Italia’s stake in Persidera. (...)

The Indian Competition Authority conditionally clears a merger between an international and a national telecommunications company (Bharti Airtel / Telenor)
Vaish Associates Advocates (New Delhi)
India 263 contributions 42181 visits
India: CCI approves combination of Bharti Airtel and Telenor* The CCI vide its order dated 30 May, 2017 has approved the amalgamation of Telenor India along with its assets, liabilities, interests and obligations with Airtel through a court driven scheme of merger. Airtel, a part of the (...)

The EU Commission conditionally approves the acquisition of de facto sole control over an Italian incumbent telecommunications company, subject to remedies (Telecom Italia / Vivendi)
European Commission - DG COMP (Brussels)
Belgium 1 contribution 368 visits
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European Commission - DG Internal Market and Services (Brussels)
Belgium 4 contributions 3335 visits
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European Commission - Secretariat General (Brussels)
Belgium 3 contributions 733 visits
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 sends a statement of objections to a company to investigate whether a merger was implemented before the Commission’s clearance (Altice / PT Portugal)
Shearman & Sterling (London)
United Kingdom 30 contributions 14049 visits
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UK Competition & Markets Authority - CMA (London)
Belgium 12 contributions 13065 visits
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Shearman & Sterling (London)
United Kingdom 23 contributions 14050 visits
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 sends a statement of objections alleging that multinational telecommunications company breached the EU Merger regulation by implementing its acquisition before notification or approval by the Commission (Altice / PT Portugal)
Herbert Smith Freehills (Brussels)
Belgium 116 contributions 71797 visits
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Herbert Smith Freehills (London)
United Kingdom 14 contributions 2967 visits
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Herbert Smith Freehills (Paris)
France 94 contributions 45553 visits
On 18 May 2017, the European Commission imposed a record fine of €110 million on Facebook for providing incorrect/misleading information to the Commission during its review of Facebook’s acquisition of WhatsApp under the EU merger regulation (EUMR). On the same day, the Commission issued a (...)

The EU Commission alleges a telecommunication company has breached EU rules by implementing its merger before notification or approval (Altice / PT Portugal)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
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 (...)

The EU Commission clears a merger subject to remedies in the identity and security solutions market (Morpho / Advent International)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
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 French Competition Authority fines companies for breaching commitments on fibre optic rollout (Altice / SFR)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71808 visits
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 (...)

The Dutch Competition Authority clears a merger in the telecommunication market (Vodafone Thuis / T-Mobile)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 35138 visits
ACM CLEARS ACQUISITION OF VODAFONE THUIS BY T-MOBILE* Telecom provider T-Mobile is allowed to acquire the fixed-telecom division of Vodafone Netherlands. Vodafone has branded this division ‘Vodafone Thuis,’ which offers services for fixed telephony, TV, and internet. The Netherlands (...)

The French Competition Authority publishes its long awaited first decision sanctioning gun jumping practices (Altice / SFR / Virgin)
DLA Piper (Paris)
France 6 contributions 17095 visits
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Dazi Avocats (Paris)
France 15 contributions 17705 visits
In its decision dated 8 November 2016, the French Competition Authority (FCA) describes with much detail its appraisal of a gun jumping infringement. Among the many lessons arising from such decision, one is clearly for future redactors of corporate documentation, another is for top management (...)

The French Competition Authority fines a major French telecommunications operator for gun jumping (Altice)
Jones Day (Paris)
France 12 contributions 27020 visits
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Jones Day (Paris)
France 30 contributions 25445 visits
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Jones Day (Paris)
France 3 contributions 1666 visits
This week, the French Competition Authority ("FCA") imposed a EUR 80 million fine on the Altice Group, a major French telecommunications operator, for implementing two transactions before approval by the FCA (so-called "gun jumping"). The full text is not yet available, but this decision (...)

The French Competition Authority imposes an €80M fine on a telecommunications group and its recently acquired subsidiaries for coordinating their business strategies and commercial behaviour prior to merger control clearance (Alice & SFR / OTL)
Hogan Lovells (Paris)
France 40 contributions 20750 visits
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Imerys (Paris)
France 2 contributions 1409 visits
This article was first published in Concurrences Review N° 2-2017, Art. N° 83875, pp. 231-239 I. Introduction In November 2016, the French Competition Authority (“FCA”) fined French-based Altice/Numericable group and its recently-acquired telecom subsidiaries SFR and Virgin Mobile France (...)

The French Competition Authority imposes landmark sanctions on telecommunication companies for gun jumping (Alice & SFR / OTL)
UK Competition & Markets Authority - CMA (London)
United Kingdom 20 contributions 7787 visits
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Franklin (Paris)
France 34 contributions 21611 visits
FRENCH COMPETITION AUTHORITY IMPOSES ITS FIRST EVER FINE FOR GUN-JUMPING* For the first time ever, on 8 November 2016 the French Competition Authority (FCA) sanctioned companies for implementing a transaction that had been notified to the FCA but not yet received a clearance decision, (...)

The French Competition Authority fines a multinational telecom company €80M for the premature completion of two mergers (Altice & SFR / OTL)
French Competition Authority (Paris)
France 743 contributions 395460 visits
The Autorité de la concurrence fines the Altice group 80 million euros for the premature completion of two mergers notified in 2014* The Autorité de la concurrence issued a decision today to fine jointly Altice Luxembourg and SFR Group 80 million euros, in application of Section II of (...)

The EU Commission conditionally clears a merger in the Italian telecommunications market (Hutchison / VimpelCom)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
Mergers: Commission approves Hutchison/VimpelCom joint venture in Italy, subject to conditions* The European Commission has approved under the EU Merger Regulation a proposed telecommunications joint venture between Hutchison and VimpelCom in Italy. The approval is conditional on the (...)

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)
Italy 9 contributions 3215 visits
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 (...)

The EU Commission conditionally clears the creation of a joint venture between two mobile telecom operators (Vodafone / Liberty Global)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71808 visits
On 3 August 2016, the European Commission conditionally cleared the creation of a joint venture between mobile telecom operator Vodafone and cable company Liberty Global in the Netherlands. The joint venture will offer unified communications services and will compete with KPN, the only other (...)

The EU Commission clears a merger, subject to remedies, in the telecommunication market and rejects a referral request issued by the Dutch competition authority (Vodafone / Liberty Global)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
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 Chinese Ministry of Commerce releases a company from conditions previously imposed in an e-commerce merger (Wal-Mart / Yihaodian)
China Competition Bulletin (Beijing)
China 101 contributions 26068 visits
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University of Melbourne
Australia 103 contributions 29110 visits
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University of Melbourne
Australia 68 contributions 15927 visits
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 blocks a merger between two mobile networks due to the risk of price increase on the market (Telefónica / Hutchison)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71808 visits
On 11 May 2016, the European Commission (“Commission”) prohibited the proposed acquisition of Telefónica’s O2 by Hutchison’s Three under the EU Merger Regulation. The Commission’s primary concern was that a combined Three/ O2 would have the ability and incentive to raise prices in the UK (...)

The EU Commission prohibits a merger between two telecommunication companies in the UK mobile market (Hutchison / Telefónica UK)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
Mergers: Commission prohibits Hutchison’s proposed acquisition of Telefónica UK* The Commission has blocked the proposed acquisition of O2 by Hutchison under the EU Merger Regulation. It had strong concerns that UK mobile customers would have had less choice and paid higher prices as a (...)

The French Competition Authority fines a mobile phone company for non-compliance with some of its merger remedies (SFR / Numéricable)
French Competition Authority (Paris)
France 743 contributions 395460 visits
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 (...)

The EU Commission opens an in-depth investigation pertaining to a joint venture in the Italian telecommunications market (Hutchison / VimpelCom)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
Mergers: Commission opens in-depth investigation into proposed Hutchison/VimpelCom joint venture in Italy* The European Commission has opened an in-depth investigation to assess whether the proposed joint venture between the telecommunications activities of Hutchison and VimpelCom in Italy (...)

The EU Commission approves the acquisition of a mobile network operator by a virtual mobile network operator, subject to fix-it-first remedies (Liberty Global / BASE)
European Commission - DG COMP (Brussels)
Belgium 3 contributions 5712 visits
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University of Tokyo
Japan 15 contributions 7673 visits
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 (...)

The EU Commission conditionally approves a merger in the telecommunications sector (Liberty Global / BASE)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71808 visits
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 (...)

The EU Commission analyzes two national telecom merger cases, and finds an associated increase in prices in the Netherlands case, but not in the Austria case (T-Mobile / Orange), (T-Mobile / tele.ring)
European Commission
Belgium 2 contributions 278 visits
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Charles River Associates International (CRA)
Belgium 3 contributions 1162 visits
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EFTA Surveillance Authority (Brussels)
Belgium 3 contributions 732 visits
Ex post analysis of two mobile telecom mergers: T-Mobile/tele.ring in Austria and T-Mobile/Orange in the Netherlands* In a nutshell: Ex post evaluation of merger decisions is a valuable tool for improving the understanding of markets and to assess merger control policy. To provide reliable (...)

The EU Commission open an in-depth investigation on a merger in the mobile telecommunications services market (Hutchison / Telefónica UK)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
MERGERS: COMMISSION CONTINUES INVESTIGATION OF HUTCHISON 3G / TELEFÓNICA UK MERGER WITHOUT REFERRAL TO UK* Commission does not refer investigation of Hutchison/Telefónica UK merger to UK The European Commission has decided not to refer the planned acquisition of Telefónica UKby Hutchison (...)

The Finish Competition Authority issues an approval decision to en­sure con­sumers ben­e­fit from net­work part­ner­ship be­tween two telecommunications companies (DNA / Son­era)
Finnish Competition and Consumer Authority (Helsinki)
Finland 74 contributions 12572 visits
FCCA´s de­ci­sion en­sures con­sumers ben­e­fit from net­work part­ner­ship be­tween DNA and Son­era* DNA Oy and TeliaSonera Finland Oyj have offered the Finnish Competition and Consumer Authority (FCCA) a commitment that they will change their network partnership concerning Eastern and (...)

The EU Commission opens an in-depth investigation concerning a merger in the mobile telecommunications market (Hutchison / Telefónica UK)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
MERGERS: COMMISSION OPENDS IN-DEPTH INVESTIGATION INTO HUTCHISON’S PROPOSED ACQUISIITON OF TELEFÓNICA UK* The European Commission will investigate in-depth Hutchison’s takeover of Telefónica UK. The European Commission has opened an in-depth investigation under the EU Merger Regulation to (...)

The French Competition Authority clears an acquisition in the overseas’s mobile telecom market (Iliad / Hiridjee)
French Competition Authority (Paris)
France 743 contributions 395460 visits
THE AUTORITÉ DE LA CONCURRENCE CLEARS THE ACQUISITION OF JOINT CONTROL OF OUTREMER TELECOM’S MOBILE ACTIVITIES BY ILIAD ALONGSIDE HIRIDJEE* The Autorité de la concurrence has reviewed the acquisition by Iliad of 50% of the capital of the company Telecom Reunion Mayotte, which will henceforth (...)

The French Competition Authority opens an ex officio proceedings to review whether an internet provider has complied with its proposed merger remedies (SFR / Bouygues Telecom)
French Competition Authority (Paris)
France 743 contributions 395460 visits
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 EU Commission opens an in-depth investigation regarding a takeover in the mobile phone retail market (Liberty Global / BASE)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
MERGERS: COMMISSION OPENS IN-DEPTH INVESTIGATION INTO PROPOSED ACQUISITION OF BASE BELGIUM BY LIBERTY GLOBAL* The European Commission will investigate in-depth the Liberty Global/BASE Belgium takeover. The European Commission has opened an in-depth investigation under the EU Merger (...)

The Chinese Ministry of Commerce fines several undertakings for breaches of merger notification rules (FJEI / FPID) (Nanjing Puzhen / Bombardier Sweden) (BestTv / Microsoft)
AnJie Broad Law (Beijing)
China 44 contributions 12357 visits
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AnJie Broad Law (Beijing)
China 2 contributions 920 visits
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)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
MERGERS: 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 (...)

The Belgian Competition Authority lifts a four-year old merger conditions from the conditional approval of an acquisition (Proximus / The Phone House)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71808 visits
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 (...)

The French Competition Authority approves the sale of an oversea telecom company as a mandatory condition to clear a merger in the market of mobile telephony (SFR / Numéricable)
French Competition Authority (Paris)
France 743 contributions 395460 visits
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 (...)

The UK Competition Authority refers a merger involving the two largest suppliers of fixed communications and mobile communications services to phase 2 investigation (BT / EE)
UK Competition & Markets Authority - CMA (London)
United Kingdom 387 contributions 95620 visits
BT/EE merger fast-tracked to phase 2 investigation* The CMA has today referred BT Group plc’s anticipated acquisition of EE Limited for an in-depth phase 2 investigation. BT and EE are, respectively, the largest suppliers of fixed communications services and mobile communications services (...)

The EU Commission conditionally clears the acquisition of a telecommunications company in the Spanish markets for fixed internet access services (Orange / Jazztel)
European Commission - DG COMP (Brussels)
Belgium 1338 contributions 2824260 visits
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 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)
Belgium 227 contributions 71808 visits
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 (...)

The EU Commission clears an international telecom’s merger subject to conditions of another national telecom (Orange / Jazztel)
European Commission
Belgium 1 contribution 203 visits
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European Commission - Secretariat General (Brussels)
Belgium 3 contributions 733 visits
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European Commission - DG COMP (Brussels)
Belgium 2 contributions 703 visits
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Orange/Jazztel: Convergence meets Consolidation in the Spanish Telecoms Sector* In a nutshell: The Orange/Jazztel transaction takes place in a market that tipped toward fixed-mobile multiple play offers. The forward-looking analysis included an assessment of the parties’ likely future (...)

The Spanish Competition Authority clears the acquisition of the first national pay-TV provider by a direct competitor (Telefónica / DTS)
LaLiga (Madrid)
7 contributions 4414 visits
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Spanish Competition Authority (CNMC) (Madrid)
Spain 1 contribution 539 visits
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 (...)

The Spanish Competition Authority approves an acquisition in the pay TV and telecommunications markets by a direct competitor in a second phase decision with commitments (Telefónica / DTS)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 46230 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 22032 visits
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Callol, Coca & Asociados (Madrid)
Spain 61 contributions 3951 visits
The approved transaction consists of the acquisition by Telefónica (incumbent telecommunications operator also active in the pay TV market) of the exclusive control of DTS, through the purchase of the 56 % share capital in the hands of Prisa, which adds to the 44% share capital already owned (...)

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)
Finland 74 contributions 12572 visits
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 Italian Competition Authority opens a Phase II proceedings on the hostile takeover bid of a transmission tower provider (EI Towers / Rai Way)
BonelliErede (Rome)
Italy 41 contributions 54044 visits
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Max Planck Institute for Innovation and Competition (Munich)
Italy 11 contributions 4471 visits
In its decision of 10 March 2015, the Italian Competition Authority (the “ICA” or the “Authority”) decided to open Phase II proceedings in relation to the merger notified on 25 February consisting of EI Towers S.p.A.’s (“EI Towers”) hostile takeover bid over 100% of Rai Way S.p.A.’s (“Rai Way” (...)

The Norwegian Competition Authority conditionally clears a three-to-two merger in the telecom sector (TeliaSonera / Tele2 Norge)
Haavind (Oslo)
Norway 5 contributions 1584 visits
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 (...)

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)
France 743 contributions 395460 visits
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 (...)

The French Competition Authority conditionally clears a merger in the mobile virtual networks market (Virgin Mobile / Numericable)
French Competition Authority (Paris)
France 743 contributions 395460 visits
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 (...)

The Ukrainian Competition Authority announces its intention to reconsider the merger approval in the telecommunication technologies market (Kyivstar)
Arzinger (Kiev)
Ukraine 4 contributions 880 visits
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 French Competition Authority clears the takeover of a mobile phone operator subject to structural and behavioural commitments (SFR / Numéricable)
Herbert Smith Freehills (Paris)
France 94 contributions 45553 visits
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Herbert Smith Freehills (Paris)
France 56 contributions 12582 visites
Introduction On 30 October 2014, following an in-depth review, the French Competition Authority (the "FCA") authorised the takeover of the mobile phone operator SFR by Numericable Group, a wholly-owned subsidiary of Altice. Before the transaction, SFR was wholly owned by the Vivendi group; (...)

The French Competition Authority conditionally clears an acquisition in the high-speed broadband access market (SFR / Numéricable)
French Competition Authority (Paris)
France 743 contributions 395460 visits
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 (...)

The EU Commission unconditionally approves an acquisition in the information technology sector (Facebook / WhatsApp)
Free University of Brussels (ULB)
Belgium 1 contribution 411 visits
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 (...)

The EU Commission unconditionally approves the acquisition of a real time messaging services provider by a social networking company (Facebook / WhatsApp)
European Commission - DG Internal Market and Services (Brussels)
Belgium 4 contributions 3335 visits
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European Commission
Belgium 1 contribution 695 visits
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European Commission - Legal Service (Brussels)
Belgium 2 contributions 1219 visits
"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 unconditionally clears the acquisition of a real-time messaging services provider by social networking company (Facebook / WhatsApp)
Ramón y Cajal (Madrid)
Spain 11 contributions 4138 visits
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 Canadian Competition Authority announces the abandonment of a proposed merger in the telecommunications market (Eastlink / Bruce Telecom)
Shaw Communications (Ottawa)
1 contribution 183 visits
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LCBO (Ontario)
1 contribution 183 visits
Eastlink and Bruce Telecom abandon $26.5M merger amid Competition Bureau concerns* On August 15, 2014, the Competition Bureau (the Bureau) announced that Bragg Communications Inc. (Eastlink) and Bruce Telecom had terminated an announced merger, which would have resulted in the acquisition of (...)

The French Competition Authority opens in-depth investigation on an acquisition in the telecom market (Altice / SFR)
French Competition Authority (Paris)
France 743 contributions 395460 visits
The Autorité de la concurrence has decided to open an in-depth investigation into the acquisition of SFR by the Altice Group* On 4 June 2014, the Numericable Group, a subsidiary of the Altice Group, filed a merger notification to the Autorité de la Concurrence relating to its plan to acquire (...)

The Cypriot Competition Authority receives notification of a merger in the telecommunication market (GO / Cablenet Communication Systems)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 8466 visits
Press Release published on the official website of the Cypriot Commission for the Protection of Competition. Notification concerning the acquisition of share capital of Cablenet Communication Systems Ltd by GO Plc.* The Service of the Commission for the Protection of Competition received, (...)

The Italian Administrative Court of first instance orders the recommencement of the awarding of a public selection procedure for a breach of disclosure duty in the telecommunications sector (Telecom Italia / Fastweb / Vitrociset / Consip)
Queen Mary University of London
United Kingdom 8 contributions 4292 visits
On the 13th of May 2014, the Italian Administrative Court of first instance (the “Court”) held a judgment against a Joint-venture that is formed between Fastweb S.p.A. (“Fastweb”) and Vitrociset S.p.A. (“Vitrociset”) for a breach of disclosure duties relating to technical specifications. (...)

The Dutch Competition Authority finds that the proposed acquisition of a telco may lead to restrictions for other companies on the use of the fiber-optic cable network (KPN / Reggefiber)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 35138 visits
Further investigation needed into planned acquisition of Reggefiber by KPN* The Netherlands Authority for Consumers and Markets (ACM) will launch a more detailed investigation into the planned acquisition of Dutch fiber-optic company Reggefiber by Dutch telecom provider KPN. In 2008, ACM (...)

The Algerian Competition Authority clears the acquisition of control over the country’s largest mobile phone operator by the Government’s national investment fund (Orascom Telecom Algérie / Fonds National d’Investissement)
Clifford Chance (Paris)
France 1 contribution 37 visits
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Orrick, Herrington & Sutcliffe (Paris)
France 9 contributions 14770 visits
On 18 April 2014, VimpelCom announced that it and Global Telecom Holding S.A.E. (GTH) had signed a share purchase agreement for the sale by GTH of a 51% interest in Orascom Telecom Algérie (OTA), which includes Djezzy, the largest mobile-phone operator in Algeria, to the Fonds National (...)

The South African Competition Authority awaits the notification of a merger in the telecom sector (Vodacome / Neotel)
Primerio (Washington)
United States 47 contributions 10434 visits
Telecom adversaries to remain “principled” in their competing bids for 4G spectrum* The telecoms are at it again, and MTN and Vodacom find themselves close together once more. Last October, we reported on their being jointly targeted by competitor Cell C for predatory “on-net” pricing. (...)

The Cypriot Competition Authority receives notification of a merger in the telecommunication sector (Rocket Internet Germany / MTN Dubai)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 8466 visits
Notification of concentration regarding the acquisition of share capital of Middle East Internet Holding S.a.r.l. by MTN (Dubai) Ltd* The Service of the Commission for the Protection of Competition received on behalf of Rocket Internet GmbH and MTN (Dubai) Ltd notification of a proposed (...)

The Cypriot Competition Authority receives notification of an international acquisition in the telecom sector (Africa Internet / Millicom)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 8466 visits
Notification of a concentration concerning the joint acquisition of the share capital of Africa Internet Holding GmbH by Mobile Telephone Networks Holdings (Pty) Ltd, Millicom International Cellular S.A. and Rocket Internet Holding GmbH* The Commission for the Protection of Competition (...)

The French Competition Authority clears an acquisition of sole control in the telecommunications sector (SFR / Numéricable)
French Competition Authority (Paris)
France 743 contributions 395460 visits
Press release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the acquisition of Numéricâble by Altice, its minority shareholder* The Autorité de la concurrence has cleared the acquisition of the Numéricâble group, a cable (...)

The EU General Court confirms that two big tech companies in a merger transaction are not dominant in the internet visual communications market and rejects interoperability issues raised by appellants (Microsoft / Skype)
Ashurst (Milan)
Italy 102 contributions 29550 visits
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 Australian Competition Authority approves a proposed acquisition in the market for the supply of fixed line broadband services (TransACT Capital Communications / NBN)
Australian Competition and Consumer Commission (Canberra)
Australia 392 contributions 82520 visits
ACCC to not oppose NBN Co’s proposed acquisition of TransACT’s fibre to the premises network* The Australian Competition and Consumer Commission will not oppose the proposed acquisition of TransACT Capital Communications Pty Ltd’s (TransACT) fibre to the premises network (TransACT FTTP (...)

The New Zealand Competition Authority receives an application seeking clearance to acquire the management rights to 700 MHz radio spectrum (Vodafone)
New Zealand Commerce Commission (Wellington)
New Zealand 171 contributions 23789 visits
Press releases published on New Zealand Commerce Commission Vodafone seeks clearance to acquire radio spectrum* The Commerce Commission has received an application from Vodafone New Zealand Limited seeking clearance to acquire the management rights to 700 MHz radio spectrum. The Crown (...)

The Portuguese Competition Authority conditionally clears a telecoms merger (Kento Unitel Sonaecom/ZON Optimus)
Sérvulo (Lisbon)
Portugal 18 contributions 25990 visits
On the August 26, 2013, the Portuguese Competition Authority (“PCA”) issued a Decision of Non-opposition, with remedies, regarding a concentration notified in February 1, 2013 (under every notification criteria under article 37 (1) of the Portuguese Competition Law – Lei n.º 19/2012, of May (...)

The Finnish Competition Authority investigates the market impact of an acquisition on the pay-TV market (DNA & Plus TV)
Finnish Competition and Consumer Authority (Helsinki)
Finland 74 contributions 12572 visits
FCCA to investigate the market impact of deal between DNA and PlusTV* The Finnish Competition and Consumer Authority (FCCA) decided on 24 June 2013 to initiate further proceedings concerning an acquisition that will give DNA Oy a controlling interest in Digi TV Plus Oy. Both parties of the (...)

The Brazilian Competition Authority analyses two international mergers with intense cooperation with the EU Commission, indicating a new approach for international merger review in Brazil (Mach / Syniverse / Munksjö / Ahlstrom)
OECD - Competition Division (Paris)
France 11 contributions 10454 visits
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Federal Comptroller General - Brazil
Brazil 9 contributions 2892 visits
CADE has recently analyzed two international mergers with intense cooperation with DG-Competition. In fact, these two cases reflect the advances brought by new Competition Law. In the previous law, CADE would only analyze cases after their approval by other jurisdictions. With the institution (...)

The Finnish Competition Authority conditionally approves an acquisition in the market for telephone and telecommunications services (Elisa / PPO)
Finnish Competition and Consumer Authority (Helsinki)
Finland 74 contributions 12572 visits
FCCA approved deal between Elisa and PPO but attached conditions* The Finnish Competition and Consumer Authority (FCCA) decided on 24 April 2013 to approve the deal in which Elisa Corporation acquires control of the companies PPO-Yhtiöt Oy, Kymen Puhelin Oy and Telekarelia Oy. However, the (...)

The Portuguese Competition Authority receives notification of a prospective merger in the telecommunications sector (Zon Multimédia / Optimus)
Luís Silva Morais (Lisbon)
France 1 contribution 269 visits
The Portuguese Competition Authority ("Autoridade da Concorrência", hereinafter ’ADC’) is due to decide on a prospective merger announced on 14 December 2012 by a joint communiqué issued by Sonaecom SGPS, SA ("Sonaecom") and by Kento Holding Limited and Jadeium BV ("Kento / Jadeium") as the (...)

The EU Commission adopts a decision declaring that a merger of two mobile network operators is compatible with the internal market and the functioning of the EEA (Hutchison 3G Austria / Orange Austria)
RBB Economics (Brussels)
Belgium 13 contributions 11304 visits
H3G/Orange Austria – Commission starts using UPP* On 24 July, the Commission published the non-confidential version of the decision in the Hutchison 3G Austria/Orange Austria case. The case, cleared subject to commitments following a Phase II investigation, represents a significant (...)

The Dutch Competition Authority grants a permit to telecom operator for the acquisition of four fiber-optic providers (KPN / Concepts ICT / Edutel / XMS / KickXL)
Mintz Levin Cohn Ferris Glovsky and Popeo PC (New York)
3 contributions 2732 visits
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European Commission
Belgium 2 contributions 842 visits
Introduction On 16 October 2012, the Netherlands Competition Authority ("NMa") granted a permit for a proposed concentration between KPN B.V. ("KPN") and Concepts ICT Holding B.V. ("Concepts"), Edutel Beheer B.V. ("Edutel"), Xtra Media Services B.V. ("Xtra") and KickXL B.V. ("KickXL"). (...)

The Chinese Ministry of Commerce approves the merger of a supermarket chainstore and an e-commerce platform (Wal-Mart / Yihaodian)
American Bar Association International Law Section (New York)
United States 2 contributions 968 visits
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 EU Commission clears a merger between two Austrian mobile network operators subject to remedies (Hutchison 3G / Orange Austria)
Centre for Economic Policy Research (CEPR) (London)
United Kingdom 33 contributions 78408 visits
The long-standing discussion about how competition in telecom markets should be best managed (that is, through a mix of traditional regulatory mechanisms – like access price regulation – and ex-post competition policy) has recently drawn new life from the debate about the need to provide (...)

The Chinese Ministry of Commerce imposes conditions on a merger transaction in the smartphone sector (Google / Motorola Mobility)
American Bar Association International Law Section (New York)
United States 2 contributions 968 visits
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 Belgian Competition Authority fines a telecommunications company €75K for providing an incomplete response to a questionnaire during a merger review (Belgacom)
Van Bael & Bellis (Brussels)
Belgium 154 contributions 52727 visits
On 5 April 2012, the Competition Council imposed a fine of € 75,000 on Belgian telecommunications company Belgacom for providing an incomplete response to a request for information in the context of the merger review of Belgacom’s acquisition of The Phone House. During the review of (...)

The Hungarian Competition Authority approves the creation of a joint venture for mobile phone services (MPVI Mobil)
Johnson & Johnson
United States 11 contributions 6871 visits
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2 contributions 437 visits
The newly established joint venture company, MPVI, which was approved by the HCO intends to provide mobile radio telephone services on the basis of its right to use a frequency use. The Hungarian mobile telephone market is currently dominated by three key players (Magyar Telekom, Telenor and (...)

The Portuguese Competition Authority holds that mere coordinated contacts between two companies can consubstantiate a merger (Zon / AR Telecom)
Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
Portugal 19 contributions 2513 visits
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Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
Portugal 24 contributions 2705 visits
I. Introduction On December 9, 2011, the Portuguese Competition Authority (PCA) was notified of a concentration under which Zon TV Cabo Portugal (Zon) notified the acquisition of a group of assets, specifically the residential customers of AR Telecom – Acesso e Redes de Telecomunicações (AR (...)

The Polish Competition Authority fines a cable TV operator for providing incorrect information in a merger control proceedings (UPC Polska / Aster)
Dentons (Warsaw)
Poland 5 contributions 5685 visits
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Dentons (Warsaw)
Poland 3 contributions 744 visits
On January 30, 2012, the Chairperson of the Polish Office for Competition and Consumer Protection (the UOKiK) issued a decision in a case relating to the provision of incorrect information by UPC Polska sp. z o.o. (UPC) in merger control proceedings concerning the acquisition of Aster sp. z (...)