CASE COMMENTS: MERGERS – EUROPEAN UNION – THRESHOLDS – LEGAL CERTAINTY

Thresholds: The European Commission accepts a request for referral by various national competition authorities and will assess a merger whose value is important but for which the Parties did not meet the turnover thresholds set out in Regulation (EC) No 139/2004 on the control of concentrations between undertakings (Apple / Shazam)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. On December 11, 2017, Apple announced that it had signed an agreement to acquire Shazam, a UK company offering an audio recognition service. The Shazam application allows to identify a piece of music from its smartphone, i.e. to recognize the author and the title (its capabilities are already integrated on Apple iPhones, via Siri). The Apple/Shazam operation and its controllability for merger control purposes According to Shazam, his application is downloaded about 1 billion times a year and is used by several hundred million consumers every month. By January 2015, Shazam had raised $1 billion in capital. At that time there was talk of an IPO.

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Olivier Billard, Guillaume Fabre, Thresholds: The European Commission accepts a request for referral by various national competition authorities and will assess a merger whose value is important but for which the Parties did not meet the turnover thresholds set out in Regulation (EC) No 139/2004 on the control of concentrations between undertakings (Apple / Shazam), 6 February 2018, Concurrences N° 2-2018, Art. N° 86926, pp. 115-117

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