CASE COMMENT: MERGERS
Prohibition decision: The European Commission prohibits the buying of Portugal Gas, due to the insufficiency of the commitments (Energias de Portugal)
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– EC Commission, 9 December 2004, EDP / ENI / GDP, case COMP/M.3440
– Case T-87/05: Action brought on 25 February 2005 by EDP-Energias de Portugal S.A. against the Commission of the European Communities (case COMP/M. 3440)
As briefly reported in the previous issue of Concurrences, the European Commission issued a prohibition decision on 9 December 2004, pursuant to Article 8(3) of the Merger Regulation, concerning the proposed joint acquisition of Gaz de Portugal by EDP and the Italian energy company ENI SpA. Reading the full text of the decision makes it possible to clarify the elements of our previous comment.
On a preliminary basis, it is worth noting
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