CASE COMMENTS : MERGERS - CONTROL – CHANGE FROM JOINT TO SOLE CONTROL – CLEARANCE WITH CONDITIONS

Change from joint to sole control: The French Competition Authority clears, subject to conditions, the acquisition of an exclusive control by a parent company which previously controlled jointly a joint venture active in the transportation sector (Keolis - SNCF)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Aut. conc. dec. no. 12-DCC-129 of 5 September 2012 relating to the acquisition of exclusive control of the Keolis group by SNCF Participations. While the change from joint to sole control undoubtedly constitutes a change in the quality of control exercised by the shareholders and thus a concentration which must, where appropriate, be notified (see point 89 of the Jurisdictional Notice, OJEU C 43/10 of 21 February 2009), the European Commission and the Competition Authority generally consider that such transactions do not raise any substantive concerns and "that the change from joint to sole control may exceptionally require a full investigation and/or

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Jean-Mathieu Cot, Alice Blanchet, Change from joint to sole control: The French Competition Authority clears, subject to conditions, the acquisition of an exclusive control by a parent company which previously controlled jointly a joint venture active in the transportation sector (Keolis - SNCF), May 2013, Concurrences N° 2-2013, Art. N° 52351, p. 118

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