CASE COMMENTS: MERGERS - INCOMPATIBLE MERGER – FINANCIAL INSTRUMENTS – ERROR OF LAW AND APPRECIATION

Incompatible merger : The General Court of the European Union dismisses the action brought by a Commission’s decision prohibiting the project to merge two major brokerage companies (Deutsche Börse)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. A prohibited operation Incompatibility decisions are not numerous in the Commission's practice (according to the statistics as at 31 March 2015, out of 5 796 transactions notified since the beginning of the control, only 24 incompatibility decisions have resulted). The Deutsche Börse - New York Stock Exchange Euronext case is therefore one of them. It is recalled that on 1 February 2012, the Commission adopted Decision C(2012) 440 declaring a concentration incompatible with the common market and the EEA Agreement (Case COMP/M.6166 - Deutsche Börse v NYSE Euronext) ('the contested decision'). In the contested decision, the Commission found that the proposed

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  • University Paris II Panthéon‑Assas

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Dominique Berlin, Incompatible merger : The General Court of the European Union dismisses the action brought by a Commission’s decision prohibiting the project to merge two major brokerage companies (Deutsche Börse), 9 March 2015, Concurrences N° 3-2015, Art. N° 75073, pp. 112-121

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