CASE COMMENTS: MERGERS - EUROPEAN UNION - UNDERTAKING CONCERNED - EFFECT ON TRADE BETWEEN MEMBER STATES - COMMITMENTS

Notion of undertaking: The General Court of the European Union confirms in all respects the decision of the European Commission prohibiting a merger among several cement companies, clarifies the notion of undertaking concerned where the acquisition is carried out by a full-function joint venture and confirms a broad interpretation of the criterion of substantial effect on trade between Member States (HeidelbergCement)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Case law on merger control is all the more scrutinised as litigation is rare. However, the year 2020 has enabled the Court of First Instance to rule on several occasions on the application of Regulation 139/2004 by the European Commission in prohibition decisions. In particular, by the CK Telecoms judgment of 28 May 2020 (Trib. EU, 28 May 2020, CK Telecoms, case T-399/16, EU:T:2020:217), the Tribunal has created a debate on the standard of proof for the significant impediment to effective competition test. More recently, with the HeidelbergCement judgment of 5 October 2020 (T-380/17), the Court of First Instance made several important clarifications. While

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

  • Hogan Lovells (Paris)
  • College of Europe (Bruges)

Quotation

Eric Paroche, Pierre Chellet, Notion of undertaking: The General Court of the European Union confirms in all respects the decision of the European Commission prohibiting a merger among several cement companies, clarifies the notion of undertaking concerned where the acquisition is carried out by a full-function joint venture and confirms a broad interpretation of the criterion of substantial effect on trade between Member States (HeidelbergCement), 5 October 2020, Concurrences N° 1-2021, Art. N° 99163, pp. 159-161

Visites 134

All reviews