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)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 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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Olivier Billard, Guillaume Fabre, 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), 23 November 2011, Concurrences N° 4-2013, Art. N° 59295, p. 113

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