CASE COMMENTS: MERGER CONTROL – BREACH OF COMMITMENTS – REVOCATION OF CLEARANCE

Revocation of clearance: The French Competition Authority revokes, for the first time, the clearance of a concentration because of a breach of commitment (CanalSatellite/TPS)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Aut. conc. dec. no. 11-D-12 of September 20, 2011 relating to compliance with the commitments contained in the decision authorizing the acquisition of TPS and CanalSatellite by Vivendi Universal and Canal Plus Group That first time, Canal Plus would have been fine! On September 21, 2011, the Competition Authority withdrew for the first time a merger authorization for non-compliance with the commitments. It also imposed a significant sanction, amounting to €30 million, for the same reason. How did it come to this? How did merger control, whose purpose is to carry out an a priori examination of the control of structures, become an instrument of a posteriori

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Jean-Mathieu Cot, Alice Blanchet, Revocation of clearance: The French Competition Authority revokes, for the first time, the clearance of a concentration because of a breach of commitment (CanalSatellite/TPS), 20 September 2011, Concurrences N° 4-2011, Art. N° 39889, pp. 136-139

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