CASE COMMENT: MERGERS - HORIZONTAL MERGER - BREACH OF REGULATION (EC) N° 139/2004 ON THE CONTROL OF CONCENTRATIONS - NON EXECUTION OF OBLIGATIONS IMPOSED BY THE COMMISSION - INFRINGEMENT PROCEDURE

Non-execution of conditions imposed by the EC: The ECJ considers that Spain has infringed EC law by not withdrawing the conditions imposed by the national authorities to a foreign acquisition of a national leader (E.ON’s/Endesa)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – ECJ, 6 March 2008, Commission v. Kingdom of Spain, Case C-196/07 On 21 February 2006, E.ON AG, a German company active in the energy sector, submitted a public bid for all the shares of Endesa SA, a Spanish company active in the energy sector. This operation, which constituted a concentration with a Community dimension, was unconditionally approved by the European Commission on 25 April 2006 (Case COMP/M.4110, E.ON/Endesa). At the same time, the Kingdom of Spain showed an interest in imposing its conditions on the transaction, irrespective of the Commission's decision. However, where a concentration has a "Community dimension", i.e. it exceeds the

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Authors

  • Freshfields Bruckhaus Deringer (Paris)
  • Fiducial Legal by Lamy (Lyon)

Quotation

Jérôme Philippe, Aude Guyon, Non-execution of conditions imposed by the EC: The ECJ considers that Spain has infringed EC law by not withdrawing the conditions imposed by the national authorities to a foreign acquisition of a national leader (E.ON’s/Endesa), 6 March 2008, Concurrences N° 2-2008, Art. N° 16953, p. 129

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