CASE COMMENTS: MERGERS - PHASE I – COMMITMENTS – “FIX IT FIRST” METHOD

Conditional clearance : The French Competition Authority grants clearance, subject to transfer of assets, to the sole control acquisition of a LPG sector operator by a competitor and applies the “fix it first” method (UGI Bordeaux Holding / Totalgaz)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. By decision of 8 June 2015, the French Competition Authority authorised the acquisition of Totalgaz by UGI France subject to structural commitments relating in particular to the sale of part of the stake that the new entity would hold in certain import and storage infrastructures. The transaction had been referred to the Authority by the European Commission at the request of the purchaser. After defining the relevant markets, the Authority carried out an analysis of the risks of horizontal effects brought about by the transaction. The Authority identified a risk of harm to competition due to overlaps between the parties' activities on the market for LPG

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Authors

  • Herbert Smith Freehills (Paris)
  • Herbert Smith Freehills (Paris)

Quotation

Sergio Sorinas, Marie Louvet, Conditional clearance : The French Competition Authority grants clearance, subject to transfer of assets, to the sole control acquisition of a LPG sector operator by a competitor and applies the “fix it first” method (UGI Bordeaux Holding / Totalgaz), 15 May 2015, Concurrences N° 3-2015, Art. N° 75085, pp. 130-133

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