Meaning of concentration: The French Minister of Economy applies for the first time the changing coalitions and common interests doctrine (CFF Recycling/PPS)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – Min. Eco, 29 March 2005, SBB Recycling / PPS, Case C2005-9 The concept of a concentration is not only to be assessed on the basis of the rights of the parties to the transaction but also on the basis of the factual circumstances. The organisation, outside the board of directors, of a project committee in which only some of the shareholders represented on the board participate (via the members they have appointed) may be a decisive factor in demonstrating common interests and provide a basis for the existence of joint control which would not exist without such an arrangement. The operation notified to the Minister for Economic Affairs consisted in the