B
The US FTC challenges titanium dioxyde manufacturer’s acquisition of chloride slag producer leading to its withdrawal from the transaction (TTI / Tronox)Your search returned 269 results Chemical Industry
- ← Previous
- Next →
-
Following Federal Trade Commission Staff Recommendation to Challenge Transaction, Tronox Holding plc. Abandons Proposed Acquisition of TiZir Titanium and Iron* Given Tronox Holdings plc.’s announcement that it has abandoned its acquisition of TiZir Titanium and Iron, the Federal Trade (...)
-
B
The UK Competition Authority investigates merger between two metallurgy firms leading to their withdrawal from the merger(TTI / Tronox)Metallurgy firms abandon merger during CMA investigation* The CMA no longer intends to refer the merger of TTI and Tronox to an in-depth investigation, after Tronox’s announcement to abandon the deal. Tronox and TiZir Titanium and Iron (TTI) are involved in the supply of materials used in the (...) -
B
The Lithuanian Supreme Administrative Court confirms the fines imposed by the Competition Authority on German solid waste services and recycling company for being part of a cartel (Sypra)Cartelist of radioactive scrap metal auction will have to pay imposed fine* The Supreme Administrative Court of Lithuania (Court) rejected the appeal by the German company Sypra which participated in the radioactive scrap metal auction conducted by Ignalina nuclear power plant and concluded a (...) -
B
The UK Competition Authority finds that titanium dioxide pigment producer’s anticipated purchase of chloride slag supplier raises competition concerns (Tronox / TTI)Metallurgy buyout raises competition concerns* The CMA has found that Tronox’s anticipated purchase of TTI raises competition concerns in the supply of chloride slag and titanium dioxide pigment. Both companies are involved in the supply of materials used in the production of titanium dioxide, (...) -
B
The Spanish Competition Authority clears national chemicals company’ acquisition of paint and coating manufacturer with remedies (Pigments / Ferro)The CNMC clears Pigments’ acquisition of Ferro with remedies* The merger affects the ceramic tile sector, which has a long tradition in Spain and is a significant international economic activity. Before approving the purchase, the CNMC conducted a market test and paid special attention to the (...) -
B
The Portuguese Competition Authority clears acquisition of glass products manufacturer by pigments company, subject to divestment commitments (Ferro / Pigments Spain)AdC clears acquisition of Ferro Corporation by Pigments Spain, subject to divestment commitments* The AdC – Portuguese Competition Authority has decided to clear the proposed acquisition of Ferro Corporation (Ferro), subject to commitments by the acquiring undertaking, Pigments Spain, SL. The (...) -
B
The New Zealand Competition Authority closes investigation into Swedish refrigeration company’s acquisitions of national refrigeration products provider (Beijer / Heatcraft)Commission closes investigation into Beijer acquisitions* The Commerce Commission has closed its investigation into Beijer Ref AB’s 2018 acquisition of Heatcraft New Zealand Limited, and its 2019 acquisition (via its subsidiary Kirby NZ Limited) of a right to import hydrofluorobcarbons (...) -
R
Priority question on constitutionality: The Paris Court of Appeal rejects a request for judicial review on the conformity of the second paragraph of Article L. 464-2, V, C. Com., which was already referred to the French Supreme Court in a similar case (Brenntag)It will be remembered that on 26 October 2020, the Court of Cassation was seized of a priority constitutionality issue relating to the compliance of Article L. 464-2 of the French Commercial Code and, more specifically, the provisions of the second paragraph of V of the said article, which (...) -
B
The EU Commission approves Japanese ink manufacturer’s acquisition of colorants and effect pigments company, subject to conditions (DIC / BASF Colors & Effects)Mergers: Commission approves DIC’s acquisition of BASF Colors & Effects, subject to conditions The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of BASF Colors & Effects by the DIC Corporation (‘DIC’). The approval is conditional on full (...) -
R
Non-contestation of grievances: The Paris Court of Appeal invokes the presumption of innocence to reject the enforceability of a decision not to contest the objections against companies that have not made this procedural choice (Manpower case law), but nevertheless essentially confirms the sanctions imposed by the Competition Authority in one of the aspects of the chemical commodities case (Brenntag)The case of the chemical commodities cartel, which began in 2013 with Decision No. 13-D-12, continues to make headlines and its various developments will have greatly contributed to progress in the debates on, in particular, respect for the rights of the defence (see CA Paris, 2 February 2017, (...) -
B
The Paris Court of Appeal preserves the presumption of innocence but upholds the fines imposed by the Competition Authority on German chemical company (Brenntag / Deutsche Bahn)On 3 December 2020, the Paris Court of Appeal ("Court") confirmed the fines imposed by the French Competition Authority ("FCA") in 2013 on the German chemical distributor Brenntag, and its former parent company Deutsche Bahn, of EUR 47 million and EUR 5.2 million respectively for participating (...) -
R
Notion of undertaking: The Court of Justice of the European Union criticises the Court of First Instance of the European Union for having, in a new aspect of the heat stabilisers case, disregarded the concept of undertaking, the principle of equal treatment and the date on which a fine becomes payable if the European Commission adopts an amending decision (GEA)It will be recalled that in the heat stabilisers case, in a judgment delivered in 2018, the Court of First Instance had annulled an amending decision of the Commission, by which the Commission had corrected an error, contained in a previous decision, relating to the determination of the (...) -
B
The Belgian Competition Authority investigates a cosmetic undertaking for its imposition of a maximum discount level on its network of selective distributors (Caudalie)The Investigation and Prosecution Service of the Belgian Competition Authority has submitted a motivated proposal for decision in a case concerning the imposition by Caudalie of a maximum discount level on its network of selective distributors* On 20 November 2020, the Investigation and (...) -
B
The Portuguese Competition Authority opens in-depth investigation into a merger in the market for coatings for the ceramic industry (Pigments Spain / Ferro Assets)AdC opens in-depth investigation into the Pigments Spain/Ferro Assets merger* The Portuguese Competition Authority (AdC) has decided to open an in-depth investigation into the acquisition of sole control by Pigments Spain, of a set of assets in the business of coatings for the ceramic industry (...) -
B
The New Zealand Competition Authority clears merger of two IP professional service businesses (AJ Park / Baldwins)Commission clears AJ Park’s acquisition of Baldwins* The Commerce Commission has granted clearance for AJ Park IP Limited, in conjunction with AJ Park Law Limited (together, AJ Park), to acquire the assets of Baldwins Intellectual Property, Baldwin Holdings Limited, Baldwins Intellectual (...) -
B
The Slovak Competition Authority stops administrative proceedings in the matter of a joint venture after concluding that it does not constitute a merger because it will not permanently perform all the functions of an independent economic entity (Conti Tech Techno-Chemie / Dk)MERGERS: AMO SR stopped an administrative proceedings in the matter of a merger of undertakings Conti Tech Techno-Chemie GmbH and dk Beteiligungsgesellschaft mbH* On 27 August 2020 the Antimonopoly Office of the Slovak Republic, the Division of Concentrations, (hereafter “the Office”) on the (...) -
B
The EU Commission opens in-depth investigation into public support for expansion of a chemical company’s electric vehicles battery plant in Poland (LG Chem)State aid: Commission opens in-depth investigation into public support for expansion of LG Chem’s electric vehicles battery plant in Poland* The European Commission has opened an in-depth investigation to assess whether €95 million of public support granted by Poland to chemical company LG Chem (...) -
B
The EFTA Surveillance Authority approves prolongation of Norway’s financing for the flagship carbon capture testing facility (Technology Centre Mongstad)State Aid: ESA approves financing prolongation for Mongstad CCS Project* The EFTA Surveillance Authority (ESA) has today approved a prolongation of Norway’s financing for the flagship carbon capture testing facility established in Mongstad (the TCM). The TCM will receive financing for a further (...) -
B
The EU Commission fines ethylene purchasers €260 million in cartel settlement for colluding to buy at the lowest possible price (Orbia / Clariant / Celanese / Westlake)Antitrust: Commission fines ethylene purchasers € 260 million in cartel settlement* The European Commission has fined Orbia, Clariant and Celanese a total of € 260 million for breaching EU antitrust rules. Westlake was not fined as it revealed the cartel to the Commission. The companies took (...) -
B
The EU Commission fines ethylene purchasers for having colluded and exchanged information on purchase prices (Orbia / Clariant / Celanese / Westlake)Fines for ethylene purchasing cartel On 14 July 2020, the European Commission ("Commission") fined ethylene purchasers Orbia, Clariant and Celanese EUR 260 million for having colluded and exchanged information on purchase prices on the ethylene merchant market with a fourth participant, (...) -
B
The EU Commission fines ethylene purchasers €260 million in cartel settlement (Orbia / Clariant / Calanese / Westlake)On 14 July 2020, the European Commission (the “Commission”) announced that it had adopted a decision fin‐ ing three ethylene purchasers a total of € 260,443,000. The companies concerned namely, Orbia (Mexico), Clari‐ ant (Switzerland), Calanese (United States) and Westlake (United States), were (...) -
B
The EU Commission fines ethylene purchasers in the chemical industry for participating in a cartel aimed at purchasing a product at the lowest possible price (Orbia / Clariant / Celanese / Westlake)On 22 January 2021, the European Commission published a non-confidential version of its decision to fine ethylene purchasers Orbia, Clariant and Celanese a total of EUR 260 million for participating in a cartel aimed at purchasing ethylene at the lowest possible price, to the detriment of (...) -
B
The EU Commission approves €46.5 million Hungarian investment aid for a chemical company’s new lithium-ion battery separator film plant (Toray)State aid: Commission approves €46.5 million Hungarian investment aid to Toray’s lithium-ion battery separator film plant* The European Commission has found Hungary’s €46.5 million investment aid to the chemical company Toray for a new battery separator film plant in the Közép-Dunántúl (Central (...) -
R
Sudden termination: The French Supreme Court reiterates that the termination of a commercial relationship without prior notice requires the establishment of a sufficiently serious breach of contract (SETNAG / Tecora)If the former article L. 442-6, I, 5° C. com. - applicable to the case - provided for the possibility of termination without notice, this possibility remained subject to the occurrence of special circumstances. These circumstances included force majeure and breach of contract. In order to (...) -
B
The Cypriot Competition Authority fines detergent seller €3.3M for abuse of dominance and obstruction of parallel imports of its products by competitors (Κ.A.C. Constantinides Trading / GPM-Henkel)The Commission for the Protection of Competition has imposed on Henkel AG & Co. KGaA, jointly and severally with GPM-Henkel Ltd, a total administrative fine amounting to €3.302.000 (three million, three hundred and two thousand euro) for infringement of Section 6(1)(b) of the Law and the (...) -
B
The EU Commission clears acquisition of large specialised refiner of copper scrap by the world’s largest refiner of copper scrap (Aurubis / Metallo)Mergers: Commission clears Aurubis’ acquisition of Metallo* The European Commission has approved, under the EU Merger Regulation, Aurubis’ acquisition of Metallo, a large copper scrap refiner. The Commission concluded that the merger would not adversely affect competition in the European (...) -
B
The EU Commission approves an acquisition between two large EEA purchasers of copper scrap following an in-depth investigation and concludes that the merger does not adversely affect competition (Metallo / Aurubis)On 4 May 2020, the Commission approved German Aurubis’ € 380 million acquisition of Belgian rival Metallo following an in-depth investigation. Aurubis is Europe’s largest integrated copper producer, selling copper shapes, semi-finished copper and various copper alloy products. It also processes (...) -
B
The UK Competition Appeal Tribunal rejects an appeal against the Competition Authority’s merger decision in the cleaning chemicals sector (Ecolab / Holchem)On 21 April 2020, the Competition Appeals Tribunal (the “CAT”) handed down its judgment (the “Judgment”) rejecting the appeal of Ecolab Inc. (“Ecolab”), a global company incorporated in the US, against the CMA’s merger decision on Ecolab’s acquisition of The Holchem Group Ltd (“Holchem”), a UK-based (...) -
B
The Latvian Administrative Regional Court in Riga confirms involvement of the local government company in the so-called nano water acquisition bid-rigging case (Rīgas satiksme)The court confirms involvement of the local government company SIA “Rīgas satiksme” in the so-called nano water acquisition bid-rigging* On 20 April, the Administrative Regional Court left effective the decision adopted by the Competition Council of Latvia (the CC), according to which last year (...) -
B
The Latvian and Lithuanian Competition Authorities terminate common investigation into alleged prohibited agreement among 7 companies active in construction & household products (Tikkurila companies / Kesko Senukai Lithuania / Kesko Senukai Digital / Ermitažas / DAW Lietuva / Topcolor)Latvian and Lithuanian competition authorities join forces for investigation of cross-border infringements* Taking into consideration the complexity of cross-border infringements of the competition law, competition authorities join their forces for efficient investigation. For example, (...) -
R
Admissibility: The French Supreme Court confirms the inadmissibility of voluntary interventions by the persons filing the appeal in support of the Authority in the appeal proceedings against a decision sanctioning obstruction of the investigation (Brenntag)On June 4, 2020, the Competition Authority posted online a decision of the Commercial Chamber of the Court of Cassation dated March 18, 2020 by which it dismisses the appeal brought by Gaches Chimie, the same company which was at the origin of the interminable chemical commodities case when it (...) -
B
The Amsterdam Court of Appeal rules that cartel damage claims filed by a claim vehicle is not time-barred under Spanish, Finnish and Swedish law in the chemicals market (CDC / Kemira)On 4 February 2020, the Amsterdam Court of Appeal (“Court of Appeal”) ruled that cartel damage claims that were filed by claim vehicle CDC against Kemira were not time-barred under Spanish, Finnish and Swedish law. The Court of Appeal also dismissed Kemira’s challenge to the way in which the (...) -
R
Market concentration: The European Commission approves a merger leading to very high combined market shares in the chemicals sector with remedies (Synthomer / Omnova Solutions)Synthomer and Omnova may not exactly be household names, but both companies are major producers of so-called specialty chemicals. These are products such as polymers, which are ubiquitous in our everyday life, as they are used as an ingredient in various finished products, including consumer (...) -
B
The German Competition Authority imposes fines totalling €154.6 million on plant protection product suppliers for agreeing on price lists, rebates and retail prices (Agravis / Agro Agrargroßhandel / BayWa / BSL Betriebsmittel Service Logistik / Getreide / Raiffeisen Waren / ZG Raiffeisen)On 13 January 2020, the German Federal Cartel Office (FCO) imposed fines totalling € 154.6 million on seven undertakings for agreeing on price lists, rebates and retail prices for plant protection products between 1998 and 2015. Fines were also imposed on employees implicated in the infringing (...) -
B
The Turkish Competition Authority issues an opinion letter regarding its preliminary investigation of a manufacturer of ceramic and granite product for restricting active and passive sales of its dealers outside their territory and for forcing consumers to purchase its products within their provinces (Qua Granit)The Turkish Competition Board (“Board”) published its reasoned decision regarding its preliminary investigation pertaining to the allegations that Hayal Seramik Yapı ve Ürünleri San. Tur. ve Tic. A.Ş. (“Qua Granit”) violated Article 4 of the Law No. 4054 on the Protection of Competition (“Law No. (...) -
B
The Dutch Court of Appeal in Arnhem-Leeuwarden finds a subsidiary liable for cartel damage caused by its minority shareholder that had or could have a decisive influence over it (GIS Cartel)In a decision of 26 November 2019, the Court of Appeal Arnhem-Leeuwarden deduced from the Court of Justice’s decision in Skanska that the EU concept undertaking is to be used to determine the entity which is required to provide compensation for damage caused by an infringement of Article 101 (...) -
B
The Dutch Court of Appeal in Arnhem-Leeuwarden applies a rationale of the EU Court of Justice and finds subsidiary liable for damages resulting from an EU competition law infringement committed by its parent whilst engaging in a cartel (GIS Cartel)Introduction In its interim judgement of 26 November 2019 (‘interim judgement’) the Dutch Court of Appeal Arnhem-Le euwarden (‘Court of Appeal’) applied the rationale of the Court of Justice of the European Union (‘CJEU’) in Skanska to rule that Cogelex (a subsidiary) and Alstom Holdings (its parent (...) -
B
The Turkish Competition Authority approves the transaction concerning the indirect acquisition of joint control over a chemical company by an investment fund (Cinven / Vakıf / Barentz)This case summary concerns an analysis of the Board’s Cinven/Vakıf/Barentz decision, in which the Board evaluated the acquisition of joint control over H.L. Barentz B.V. (“ Barentz ”) by (i) an investment fund, which was ultimately controlled by Cinven Capital Management (VI) General Partner (...) -
B
The Spanish Competition Authority approves in first phase with commitments a merger in the wholesale distribution of pharmaceutical products (Cofares / Cofarta)Introduction On 21 November 2019, the Spanish Competition Authority (“CNMC”) authorized, in first phase with commitments, the acquisition by COFARES, the main wholesale distributor of pharmaceuticals in Spain, of Cofarta Cooperativa’s pharmaceutical distribution business (the “Target”). This (...) -
B
The EU Commission opens an in-depth investigation into the public support for a chemical plant in Poland (PCC)State aid: Commission opens in-depth investigation into public support for chemical company PCC’s plant in Poland* The European Commission has opened an in-depth investigation to assess whether two support measures totalling €39 million awarded by Poland to chemical company PCC MCAA Sp. Zo.o for (...) -
B
The Turkish Competition Authority unconditionally approves an acquisition concluding that the parties, both controlled by state authorities of the People’s Republic of China, constitute separate entities (Tsinghua Tongfang / CNNC Capital)This case summary concerns an analysis of the Board’s CNNC Capital/Tongfang decision, regarding the acquisition of sole control over Tsinghua Tongfang Co. Ltd. (“Tongfang”) by China National Nuclear Corporation Capital Holdings Co. Ltd. (“CNNC Capital”). The Board assessed whether the parties, both (...) -
B
The UK Competition Authority orders a divesture and blocks a merger in the cleaning chemicals sector (Ecolab / Holchem)On 8 October 2019, the UK’s Competition and Markets Authority (“CMA”) ordered Ecolab to divest Holchem, effectively blocking the merger of two of the largest cleaning chemicals suppliers in the UK. Ecolab bought Holchem in November 2018. The CMA launched a merger inquiry in February 2019, which (...) -
B
The Spanish Competition Authority publishes two different investigations in the chemical products and network of automatic cashiers sectorsIn September, the Spanish Competition Authority (CNMC) has launched two different antitrust investigations, one concerning chemical products and the other concerning the network of automatic cashiers (ATMs). From 17 to 19 September 2019, the CNMC carried out dawn raids at the premises of (...) -
B
The EU General Court rules on an appeal against the recovery of aid from the owner of an aid recipient in the chemical sector (Fortischem)ECONOMIC CONTINUITY IN RECOVERY OF INCOMPATIBLE STATE AID* Introduction Companies rarely escape from the obligation to repay incompatible State aid. Over the past decade or so, very few companies have successfully argued that they legitimately expected that the aid they received was (...) -
R
Economic continuity: The General Court of the European Union confirms the finding of economic continuity between two entities, taking into account in particular the very wide scope of assets transferred (Fortischem)The Fortischem judgment concerns an attempt by Slovakia to rescue a private chemical production company (NCHZ), which was facing bankruptcy proceedings and which the State considered strategic. It is of two main interests: on the one hand, it clearly shows how the manipulation of the bankruptcy (...) -
B
The Turkish Competition Authority approves a merger focusing its analysis on whether the two state-owned undertakings belong to the same economic unit and whether competition in the relevant product markets takes place on a global level due to their import-oriented nature (Sabic / Saudi Aramco)This case summary concerns an analysis of the Turkish Competition Board’s (“Board”) Saudi Aramco/Sabic decision, in which the Board focused on whether the two state-owned undertakings belonged to the same economic unit, while also analysing whether competition in the relevant product markets takes (...) -
R
Essential facilities: The French Competition Authority rejects a referral for lack of sufficiently convincing evidence in a case relating to practices implemented in the fuel sector in the Reunion Island (CCIRPP)On 25 July 2019, the Competition Authority posted online a decision No. 19-D-16 issued on 24 July 2019The meeting was chaired by the new vice-president, Irène Luc, and followed by a presentation by the general rapporteur himself on practices implemented in the fuel sector in Reunion Island. The (...) -
B
The Competition Commission of India finds two chemist associations and two pharmaceutical companies to have used no-objection certificates (Madhya Pradesh Chemists and Distributors Federation / Madhya Pradesh Chemists and Druggist Association)India Competition Law Roundup: June 2019 The Competition Commission of India (CCI) found that two chemist associations and two pharmaceutical companies had engaged in a system of no-objection certificates (NOC) under which the associations prescribed which stockist could stock a company’s (...) -
B
The French Competition Authority fines companies in the chemical pathology products market for failing to apply the legislative changes brought about by the Lurel Act on the implementation of export agreements (bioMérieux / Guyane Service Médical)The Autorité has fined the companies bioMérieux and Guyane Service Médical for continuing to implement an exclusive import agreement, after the Lurel Act came into force.* Following information submitted by the Directorate General for Competition Policy, the Autorité issues a new decision (...) -
B
The Polish Competition Authority clears merger subject to the resulting corporate group’s accepting to sell two fuel stations (BP Europa / Arge Paliwa / Arge Nieruchomości)Conditional approval for concentration: BP - Arge* The Office of Competition and Consumer Protection (UOKiK) issued an approval for acquisition, by BP Europa, of control over Arge Paliwa and Arge Nieruchomości. The Transaction may become effective under the condition that the acquiring company (...)
- ← Previous
- Next →