CASE COMMENTS : PROCEDURES – MERGERS – ACCESS TO DOCUMENTS - REGULATION N° 1049/2001 - SERVICES

Mergers : The General Court of the European Union considers that the protection of the decision-making process of the Commission opposes the disclosure of an intern memorandum drafted in the framework of a control procedure (Beninca)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. This new transparency case follows the Commission's prohibition on 1 February 2012 of the merger between Deutsche Börse and NYSE Euronext (Decision C(2012) 440 in Case COMP/M.6166 - Merger of Deutsche Börse and NYSE Euronext).). A few days before the expiry of the deadline for appealing against this decision, the lawyer for Deutsche Börse requested access, on his own behalf, to a memorandum from DG Enterprise prepared in the context of the examination of this operation. Since that request was not acted upon, the applicant brought an action for annulment of the Commission's implied decision of refusal (Case T-418/12). Subsequently, the Commission explained

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  • European Court of Justice (Luxembourg)

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Pascal Cardonnel, Mergers : The General Court of the European Union considers that the protection of the decision-making process of the Commission opposes the disclosure of an intern memorandum drafted in the framework of a control procedure (Beninca), 25 October 2013, Concurrences N° 1-2014, Art. N° 63771, P. 175

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