Foreclosure effet: The European Commission cleares a merger and refers implicitily to an opinion of the French Competition Council (Eiffage / Macquarie / APRR)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – EC Commission, 15 February 2006, Eiffage / Macquarie / APRR, Case COMP/M. 4087. The situation is rare enough to be reported. In its Eiffage /Macquarie/APRR decision, the Commission purely and simply authorises a merger on the basis mainly of the competitive analysis carried out a few months earlier by the Competition Council in its Opinion No. 05-A-22.The text of the Convention does not explicitly refer to it. In this case, Eiffage and Macquarie had notified the Commission on 11 January 2006 of the acquisition of joint control of APRR, a semi-public company operating motorway concessions. After the transaction, the State remained a 29.8% shareholder. A