CASE COMMENTS : CONCENTRATION – EXCLUSIVE CONTROL - ECONOMIC EVIDENCE - COMMITMENTS
Exclusive control: The General Court confirms that the Commission enjoys a wide margin of discretion in merger control proceedings (SPAR Österreichische Warenhandels)
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On 7 June 2013, the General Court of the European Union (the "General Court") dismissed the action brought by SPAR against European Commission (the "Commission") decision COMP/M.5047 of 23 June 2008 authorising REWE, a leading food retail group in Austria, to acquire sole control of ADEG, a smaller operator in the sector (the "Parties") (the "Operation"). Reminder of the procedure
By decision of 23 June 2008, the Commission cleared the Operation, subject to commitments, after finding that serious doubts existed as to the effects of the concentration in 24 local geographic areas. In order to remedy these concerns, REWE committed to divest the ADEG stores in
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