CASE COMMENTS: MERGERS – FRANCE - HORIZONTAL EFFECTS – "FIX-IT-FIRST" REMEDIES - BRAND LICENCE AGREEMENT

"Fix-it-first" remedies: The French Competition Authority clears a merger and renders legally binding the concession of a licence agreement (Alsa / Dr. Oetker)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. By Decision No. 19-DCC-15 of 29 January 2019the Competition Authority has authorised the acquisition of Alsa France and the intangible assets necessary for the manufacture and sale of food products under the Alsa and Moench brands by the Dr. Oetker group (owner of the Ancel and Dr. Oetker brands), subject to the implementation of remedies. The significance of this decision lies in the fact that the proposed commitments were of the fix-it-first type. It is true that the Authority's merger control guidelines expressly provide for the possibility of presenting a purchaser for the takeover of the assets to be divested and of obtaining the Authority's approval

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Olivier Billard, Guillaume Fabre, Margaux Serra, "Fix-it-first" remedies: The French Competition Authority clears a merger and renders legally binding the concession of a licence agreement (Alsa / Dr. Oetker), 29 January 2019, Concurrences N° 2-2019, Art. N° 90347, pp. 110-113

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