CASE COMMENTS : CONCENTRATION PHASE II WITH COMMITMENTS – PRINCIPLE OF PRIORITY – THREE TO TWO MERGER
Phase 2 with commitments: The European Commission confirms the application of the principle of priority when two concentrations on the same markets are notified within two days and subject to commitment, approving a merger after which there will be only two operators on certain markets (Western Digital Ireland/Viviti Technologies)
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In the middle of August, the Commission published its decision of 23 November 2011 in Case COMP/M.6203 on the acquisition of Viviti Technologies by Western Digital (³cWD³d), Viviti Technologies being the new name of Hitachi Global Storage Technologies Holdings Ltd (³cHGST³d), a subsidiary of the Hitachi group active in the production and marketing of hard disk drives.
This decision is interesting both from a procedural point of view and in terms of the substantive examination carried out by the Commission. The procedural aspect: Confirmation of the priority principle
The procedural aspect relates to the concomitance of the concentration between WD and HGST
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