Search results - Concurrences

4 Nov 2020 C

11th New Frontiers of Antitrust Conference #2 Improving the effectiveness and the agility of competition law enforcement

Virginie Beaumeunier, Alvaro Ramos, Olivier Guersent, Antoni Vassileff, Laurence Idot, Michael Grenfell

2nd Webinar of the « 11th New Frontiers of Antitrust Conference » organised by Concurrences, in partnership with Advolis Orfis and Qualcomm, with Virginie Beaumeunier (Director General, DGCCRF), Olivier Guersent (Director General, DG COMP - European Commission), Michael Grenfell (Executive (...)

30 Oct 2020 B

The Hong Kong Competition Authority accepts commitments from 4-party joint venture applying to jointly operate their berths at Kwai Tsing port (Hong Kong Seaport Alliance)

Hong Kong Competition Authority • October 2020

Competition Commission accepts commitments from Hong Kong Seaport Alliance* The Competition Commission (“Commission”) today announced the acceptance of commitments (“Commitments”) offered under section 60 of the Competition Ordinance (“Ordinance”) by Modern Terminals Limited (“MTL”) and HPHT Limited (...)

30 Sep 2020 B

The Spanish Competition Authority clears, with remedies and monitoring, acquisition of a white cement business (ÇIMSA / CEMEX)

Spanish Competition Authority • September 2020

The CNMC clears, with remedies, ÇIMSA’s acquisition of CEMEX’s white cement business* The merger has been cleared after intensive work during the second phase subject to a package of remedies that has been subject to a market test, both with the competitors and with the main customers of the (...)

30 Sep 2020 B

The Spanish Competition Authority clears, with remedies, a merger in the cement business (ÇIMSA / CEMEX)

Pedro Callol, Enrique Fayos, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya • September 2020

According to the recently published press release, after a fourteen-month investigation, the CNMC has cleared in phase II the acquisition of Cemex’ white cement divisions by Çimsa subject to conditions. The CNMC initiated a phase II in-depth review due to potential competition problems in the (...)

25 Aug 2020 B

The US FTC requires divestitures as condition of a merger in the markets for gasoline and diesel fuel (Arko Holdings / Empire Petroleum Partners)

US Federal Trade Commission • August 2020

FTC Requires Divestitures as Condition of Arko Holdings Ltd.’s Acquisition of Empire Petroleum Partners, LLC* Arko Holdings Ltd. and Empire Petroleum Partners, LLC have agreed to divest retail fuel assets in local gasoline and diesel fuel markets across four states to settle Federal Trade (...)

14 Aug 2020 B

The US DoJ reaches settlement with new stricter conditions and fine for telecom company’s merger after finding violations of the original conditions (CenturyLink / Level 3 Communications)

US Department of Justice Antitrust Division • August 2020

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 agreed (...)

15 Jul 2020 B

The US FTC requires global suppliers of animal health products to divest assets in 3 product markets as a condition for merger clearance (Elanco / Bayer)

US Federal Trade Commission • July 2020

FTC Requires Global Suppliers of Animal Health Products Elanco Animal Health, Inc. and Bayer Animal Health GmbH to Divest Assets in Three Product Markets, as a Condition of Merger* The Federal Trade Commission will require global suppliers of animal products, Elanco Animal Health, Inc. and (...)

8 Jul 2020 B

The Irish Competition Authority lets a merger between laundry businesses serving healthcare providers go into effect after having found they fulfilled all required commitments (Berendsen / Kings Laundry)

Irish Competition Authority • July 2020

Berendsen/Kings Laundry merger update* On 8 July 2019, the Competition and Consumer Protection Commission (CCPC) cleared, subject to a number of legally binding commitments, the proposed acquisition of sole control of Kings Laundry Limited (Kings Laundry) by Berendsen Ireland Limited (...)

24 Jun 2020 B

The US FTC clears transfer of ownership over certain assets between energy companies subject to divestments (Tri Star Energy / Hollingsworth Oil Company / C & H Properties / Ronald L. Hollingsworth)

US Federal Trade Commission • June 2020

FTC Requires Divestitures as Condition of Tri Star Energy, LLC’s Acquisition of Certain Assets of Hollingsworth Oil Company, Inc., C & H Properties, and Ronald L. Hollingsworth* Tri Star Energy, LLC and Hollingsworth Oil Company, Inc., C & H Properties, and Ronald L. Hollingsworth have (...)

5 Mar 2020 B

Merger remedies in the US: An overview of the leading cases

Jessica K. Delbaum, John Skinner • US Merger remedies

This Special Issue presents a collection of important U.S. federal antitrust merger remedies since 2000. The merger remedies guidance documents issued by the U.S. federal antitrust enforcement agencies, the Antitrust Division of the United States Department of Justice (“DOJ”) and the Federal (...)

31 Jan 2020 eB

2020 Competition Case Law Digest - A Synthesis of EU, US and National Leading Cases Behavioural Remedies

Luis Campos

155 Behavioural Remedies: An Overview of EU and National Competition Case Law lUis C AmPos Frontier economics (Paris) luis.campos@frontier-economics.com i. introduction most mergers do not raise competition concerns and therefore can be completed without further commitments to competition (...)

24 Sep 2019 C

The new merger control guidelines of the French Competition Authority: What we need to know

Jérôme Vidal, Alexandre Menais, Fayrouze Masmi-Dazi, Antoine Chapsal

Law & Economics workshop organised by Concurrences with Jérôme Vidal (Autorité de la concurrence), in partnership with Frieh Associés and Analysis Group.

6 Sep 2019 B

The French Competition Authority closes the ex officio proceedings to verify the compliance of remedies concerning a merger in the telecom sector (Altice France / SFR)

French Competition Authority • September 2019

Telecoms* The Autorité closes the ex officio proceedings it had started to ensure compliance with the commitments concerning the sale of Completel’s DSL network made by Altice France when it acquired SFR. The Autorité considers that there is no evidence to characterise Altice France’s actions (...)

13 Jun 2019 B

The Austrian Competition Authority conditionally clears a merger in the hardware and software sector (Carl Zeiss/GOM)

Porter Elliott • June 2019

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

16 May 2019 B

Behavioural remedies: An overview of EU and national competition case law

Luis Campos • Behavioural remedies

Most mergers do not raise competition concerns and therefore can be completed without further commitments to competition authorities. By contrast, mergers raising material competition concerns will not be authorised by competition authorities without adequate commitments by the parties aimed at (...)

29 Apr 2019 B

The EU Commission accepts remedies proposed by two financial services companies to cut inter-regional interchange fees (Mastercard / Visa)

European Commission • April 2019

Antitrust: Commission accepts commitments by Mastercard and Visa to cut inter-regional interchange fees* The European Commission has made commitments offered by Mastercard and Visa legally binding under EU antitrust rules. The companies will significantly reduce (on average by around 40%) (...)

8 Mar 2019 B

The UK Competition Authority fines a company for failure to comply with initial enforcement order (JLA / Washstation)

Porter Elliott • March 2019

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

7 Mar 2019 B

The EU Commission accepts remedies proposed by entertainment companies ending competition concerns in the pay-TV services market (Disney / NBC Universal / Sony Pictures / Warner Bros / Sky)

European Commission • March 2019

Antitrust: Commission accepts commitments by Disney, NBCUniversal, Sony Pictures, Warner Bros. and Sky on cross-border pay-TV services* The European Commission has made commitments offered by Disney, NBCUniversal, Sony Pictures, Warner Bros. and Sky legally binding under EU antitrust rules. (...)

28 Feb 2019 B

The UK Competition Authority issues first order reversing pre-closing integration (Smartbox / Tobii)

Matt Evans, Victoria Yuan • February 2019

The UK Competition & Markets Authority ("CMA") issued its first order requiring parties to a completed merger to reverse pre-closing integration that the CMA believes prejudiced its ability to assess the deal’s impact on competition in the UK. This case is a reminder that parties who (...)

7 Dec 2018 B

The EU Commission imposes binding remedies on a German grid operator to increase electricity trading (TenneT)

European Commission • December 2018

Antitrust: Commission imposes binding obligations on TenneT to increase electricity trading capacity between Denmark and Germany* The European Commission has adopted a decision rendering legally binding commitments offered by German grid operator TenneT to significantly increase cross-border (...)

5 Dec 2018 B

The EU Commission invites interested parties to comment on the commitments offered by two credit card companies to address competition concerns relating to inter-regional interchange fees for card payment transactions (Mastercard II / Visa)

European Commission • December 2018

Antitrust: Commission seeks feedback on commitments offered by Visa and Mastercard on inter-regional interchange fees* The European Commission is inviting comments from interested parties on commitments offered separately by Visa and Mastercard to address competition concerns relating to (...)

13 Aug 2018 B

The UK Competition Appeal Tribunal announces an appeal against the first fine for gun jumping (Electro Rent)

Robert Bell • August 2018

ELECTRO RENT APPEALS FIRST EVER CMA FINE FOR GUN JUMPING.* Introduction and Summary An appeal has been launched against the UK competition regulator, the Competition and Markets Authority’s (CMA) first decision fining a party for gun jumping. On 20 July 2018, the Competition Appeal Tribunal (...)

20 Oct 2017 B

The Hellenic Competition Authority clears an acquisition of joint control over a dairy milk company subject to commitments (Delta Foods / Mevgal)

Nancy Gerakini • October 2017

Under its decision No. 650/2017 the Hellenic Competition Commission (HCC) approved the acquisition of joint control of Mevgal SA by Delta Food SA and members of the Hatzakou family. Delta Food S.A., member of the Vivartia Group of companies, produces and distributes dairy products such as, (...)

1 Sep 2017 R

UK: Role of trustees in the merger control regime

Michel van Zundert, Nasoul Gopal • N° 3-2017

Competition agencies worldwide appoint monitoring trustees (MTs) when competition concerns arise from a merger. In the UK, it also is quite common to appoint a MT during the CMA’s review process to avoid gun jumping or enable (cross-border) integration. This article compares the role of the MT (...)

23 Jun 2017 B

The French Competition Authority adopts an innovative merger decision in the healthcare institution sector (Elsan / MPP)

Maëlle d’Harcourt • June 2017

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

12 Jun 2017 B

The Belgian Competition Authority clears a merger subject to remedies on the telecommunication market (Coditel / Telenet)

Belgian Competition Authority • June 2017

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

10 Apr 2017 B

The EU Commission clears a merger subject to remedies in the container shipping services market (Hamburg Süd / Maersk Line)

European Commission • April 2017

MERGERS: COMMISSION APPROVES ACQUISITION OF HAMBURG SÜD BY MAERSK LINE, SUBJECT TO CONDITIONS* The European Commission has cleared under the EU Merger Regulation the proposed acquisition of container liner shipping company Hamburg Südamerikanische Dampfschifffahrts-Gesellschaft KG (HSDG) of (...)

1 Jan 2017 B

The US FTC publishes its merger remedies report and signals tougher enforcement for designing and implementing remedies

Bruce McDonald, David P. Wales, Ryan C. Thomas • January 2017

The Federal Trade Commission staff have completed a new study evaluating its process for designing and implementing merger remedies and the success of the remedies it has imposed in the past. Its report—"The FTC’s Merger Remedies 2006-2012: A Report of the Bureaus of Competition and (...)

25 Apr 2016 B

The French Competition Authority clears a merger, subject to remedies, on the smoked trout market (Aqualande Group / Labeyrie)

French Competition Authority • April 2016

The Autorité de la concurrence clears the acquisition of joint control of the Aqualande Group by Labeyrie together with the agricultural cooperative Les Aquaculteurs Landais, subject to commitments* On 21 January 2016, Labeyrie and Les Aquaculteurs Landais notified the Autorité de la concurrence (...)

10 Mar 2016 B

The EU Commission clears acquisition of fourth largest global manufacturer of generic medicines by the largest global competitor, subject to complex remedies and monitoring, including addressing concerns about vertical relationships between parties for the first time in a generics merger (Teva / Allergan Generics)

Arthur Stril, Ivan Gasperec, Marion Bailly, Noa Laguna-Goya • March 2016

Teva/Allergan Generics: An unprecedented generics merger* In a nutshell While the Commission has had significant experience dealing with mergers in the generic medicines industry, the sheer scale of Teva/Allergan Generics, combining two of the top four players globally, posed a number of (...)

20 Oct 2015 B

Merger remedies and competition law: An overview of EU and national case law

Christophe Rapin, Pranvera Këllezi • Merger Remedies

Remedies are an important tool for competition authorities in merger control. In most jurisdictions, prohibitions can be avoided by crafting remedies able to resolve competition law concerns. The design and implementation of merger remedies have evolved during the last two decades. Merger (...)

12 Mar 2015 C

Mergers : Recent French practice in the implementation of commitments and role of trustee

Gwenaëlle Nouët, Nathalie Jalabert-Doury, Patrick de Bonnières

Workshop organized by Concurrences in partnership with Mayer Brown and Advolis.

9 Oct 2014 B

The Lithuanian competition authority clears a merger subject to commitments in the insurance sector (PZU / Lietuvos draudimas)

Paulius Mencas • October 2014

On 9 October 2014 the Lithuanian competition authority adopted a decision clearing the acquisition of 100% shares of AB “Lietuvos draudimas” by PZU S.A., subject to commitments. The transaction concerned Lithuanian insurance sector and it entailed a horizontal concentration between two of the (...)

5 Sep 2014 R

Approval of the purchaser : The General Court of the European Union rejects an appeal against a decision approving the purchaser of divested assets (Odile Jacob)

David Tayar • N° 4-2014 • pp. 170-173

By judgment of 5 September 2014, the General Court of the European Union (the ’General Court’) dismissed the action brought by Éditions Odile Jacob SAS (’Odile Jacob’) against the decision of the European Commission (the ’Commission’) of 13 May 2011 approving, for the second time, Wendel (...)

30 Jun 2014 B

The US FTC states that in order to address the competition concerns raised by the proposed acquisition of pharma laboratories, a settlement agreement to sell or relinquish rights to generics pharmaceuticals has been tentatively accepted (Actavis)

Gabriele Accardo • June 2014

U.S. FTC makes Actavis’ acquisition of Forest subject to conditions* On 30 June 2014, the U.S. Federal Trade Commission (“FTC”) stated that, in order to address the competition concerns raised by Actavis’s proposed acquisition of Forest Laboratories, it has tentatively accepted the proposed (...)

4 Jun 2014 B

The French Competition Authority conditionally clears an acquisition of sole control on the luxury perfumes and cosmetics market (Nocibé / Advent)

French Competition Authority • June 2014

Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the acquisition of sole control of Nocibé by Advent (Douglas) subject to the divestment of 38 sales outlets by the new entity. These commitments will provide consumers with (...)

2 Apr 2014 B

The French Competition Authority again conditionally clears a merger in the TV-broadcasting sector (Canal Plus / D8 and D17 TV Channels)

French Competition Authority • April 2014

The Autorité de la concurrence again clears, subject to remedies, the acquisition of D8 and D17 by Vivendi and Groupe Canal Plus.* The commitments made by GCP and Vivendi are identical to those made at the time of the 2012 clearance decision with the exception of the one related to the (...)

10 Feb 2014 B

The French Competition Authority conditionally clears an acquisition of sole control on the pay-TV market (Mediaserv / Canal Plus Overseas)

French Competition Authority • February 2014

Subject to a number of commitments, the Autorité de la concurrence has cleared the acquisition of Mediaserv by Canal Plus Overseas, a subsidiary of the Canal Plus Group* The Autorité de la concurrence has cleared, subject to a number of commitments, the exclusive takeover by the Canal Plus (...)

1 Feb 2014 R

Toward best practices for antitrust trustees

Antoni Vassileff, Patrick de Bonnières • N° 1-2014 • pp. 5-6

Drawing on other regulated professions or activities, this article suggests a possible approach to the supervision of the Monitoring Trustee practice. Its pragmatic implementation under the aegis of competition authorities could notably lead to better service quality for companies under the (...)

1 Oct 2013 R

Commitments : The European Commission is slowly, but steadily, moving towards commitments, using a new market test, in a case concerning an internet search engine (Google)

Alain Ronzano • N° 4-2013

At a hearing before the European Parliament in Brussels on 1 October 2013, European Commission Vice-President responsible for competition policy Joaquín Almunia reported to MEPs on the state of play of talks with Google in the case concerning mainly the preferential treatment given in the search (...)

27 Aug 2013 B

The Chinese MOFCOM conditionally approves the acquisition of a semiconductor company for display and digital home platforms by a semiconductor company for wireless communications and digital multimedia solutions (MediaTek / MStar)

Allan Fels, Jessica Su, Wendy Ng, Xiaoye Wang • August 2013

On 27 August 2013, MOFCOM announced that it had conditionally approved the acquisition of MStar Semiconductor Inc. (MStar) by MediaTek Inc. (MediaTek). MediaTek is a fabless semiconductor company for wireless communications and digital multimedia solutions, and MStar is a semiconductor (...)

26 Jul 2013 B

The French Competition Authority clears, subject to conditions, the merger between two companies manufacturing earthenware construction materials (Bouyer-Leroux / Imerys TC)

French Competition Authority • July 2013

Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears, subject to conditions, the acquisition of Imerys TC assets by Bouyer-Leroux. The commitments made by Bouyer-Leroux enable the removal of all risks to competition in the (...)

11 Jul 2013 B

The French Competition Authority clears, subject to commitments, an acquisition of sole control in the market of food retail (Casino / Monoprix)

French Competition Authority • July 2013

Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears, subject to commitments, the acquisition of sole control of Monoprix by Casino Casino undertakes to divest 55 shops in Paris and 3 in the French département of Var and in (...)

10 Jul 2013 B

The French Competition Authority issues new guidelines on merger control

French Competition Authority • July 2013

Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence publishes its revised guidelines on merger control and a guide on submitting economic studies to the Autorité*. The Autorité de la concurrence has published the finalised text of (...)

7 Jun 2013 R

Reference offers : The French competition authority approves the reference offers submitted by a media group regarding the inclusion of independent channels in its bundle offer and makes public the reference offer regarding the cession of certain channels to other operators of that market (Canal Plus)

Alain Ronzano • N° 3-2013

A few weeks after the Conseil d’État confirmed Decision No. 12-DCC-100 of July 23, 2012, pursuant to which the French Competition Authority authorized the combination of the pay-TV activities of TPS and Groupe Canal Plus ("Canal Plus"), i.e., the two satellite packages CanalSat and TPS, subject (...)

7 Jun 2013 B

The French Competition Authority approves the implementation of an injunction after a merger in the pay TV sector (Canal Plus / TPS)

French Competition Authority • June 2013

Press Release published on the official website of the French Competition Authority. The Autorité de la Concurrence approves three reference offers from the Groupe Canal Plus, after amendments. The first one regulates access of independent channels to distribution services by CanalSat; the (...)

26 Apr 2013 B

The Chinese MOFCOM requests public comments on draft provisions concerning the evaluation, negotiation, implementation, monitoring, reconsideration of the remedies used in the conditional approvals issued as a result of the pre-merger review process

Becky Koblitz • April 2013

MOFCOM Requests Public Comments on Draft Provisions Related to Remedies Imposed in Conditional Approvals* Since the Anti-monopoly Law (“AML”) has come into effect in August 2008, MOFCOM has issued 16 conditional approvals requiring certain structural or behavioral remedies in order to prevent (...)

25 Apr 2013 R

Remedies: The European Commission publishes the remedies submitted by a search engine company and submits them to a market test (Google)

Alain Ronzano • N° 3-2013

European Commission, 25 April 2013, MEMO/13/383 The text of the commitments proposed by Google (3 April 2013) A few days after receiving the commitments proposed by Google to remedy the four competition concerns identified in the investigation opened in November 2010 following 17 formal (...)

22 Apr 2013 B

The Chinese MOFCOM imposes complex behavioural remedies after identifying potential concerns about impact on competition in the import to China of soy beans (Marubeni / Gavilon)

David Stallibrass • April 2013

On the 23rd April 2013 MOFCOM published its 2nd merger decision of the year. It was a clearance, with conditions, of the merger between Marubeni Corp, a publicly listed company headquartered in Japan, and Gavilon Holdings LLC, a privately held company based in the USA. Process The parties (...)

22 Apr 2013 B

The Chinese MOFCOM clears conditionally an acquisition in the grain trading sector (Marubeni / Gavilon)

Susan Ning • April 2013

MOFCOM Cleared Marubeni’s Acquisition of Gavilon with Conditions* On April 22, 2013, the Ministry of Commerce (“MOFCOM“) cleared the proposed acquisition of Gavilon Holdings, LLC (“Gavilon“) by Marubeni Corp (“Marubeni“) (the “Transaction”) with conditions. This is the second case conditionally (...)

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