CASE COMMENT : CONCENTRATION – GENERAL COURT – MINORITY SHAREHOLDING – DE FACTO CONTROL – FAILURE TO NOTIFY
Failure to notify: The General Court upholds the Commission decision imposing a EUR 20 million fine to a firm for engaging in a concentration before obtaining Commission authorisation (Electrabel/Commission)
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On 12 December 2012, the Court of First Instance confirmed the Commission's decision imposing a fine of €20 million on Electrabel for having acquired sole control of Compagnie Nationale du Rhône (CNR) without prior authorisation from the Commission.
This case, which is emblematic because of the particularly high fine imposed on Electrabel, is at the heart of an important current event in terms of breaches of the obligation of prior notification of concentrations. On 11 May 2012, the Belgian company Colruyt was fined EUR 392,000 for failure to give prior notification of the acquisition of the company Union de Commerce de Gros Alimentaire (seearticle by D.
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