Ten years ago today, new rules to bolster competition law enforcement in Ireland – set out in the Competition Act 2002 – entered into force. Introducing the new law, then Minister for Enterprise, Trade and Employment, Mary Harney, heralded “ … a more focused approach towards penalisation of anti-competitive activities, more sensible arrangements for how…

Merger challenges are rare in Canada.  The last contested merger case in Canada was in 2005.  Typically, concerns about a prospective merger are resolved in negotiations between the Commissioner of Competition (the “Commissioner”) and the acquiring party, with some form of partial divestiture the usual remedy required. As such, it was a major development when…

This post was written by Ms. Renata Leka and Mr. Erlind Kodhelaj of Boga & Associates, Tirana, Albania. The Albanian Competition Authority recently circulated for comments its new draft guidelines entitled “On the Control of Concentrations involving Undertakings” (“the Guidelines”). Key highlights Law No. 9121, dated 28.07.2003, “On the Protection of Competition” (“the Law”) requires…

The Competition Appeal Tribunal has upheld the Competition Commission’s decision to require Stericycle to divest the entirety of Ecowaste Southwest following its prohibition of the completed merger. In dismissing Stericycle’s appeal, the Tribunal confirmed that the Commission is not obliged to identify of its own motion all possible remedies, but merely those that would clearly resolve the harm to competition caused by the merger. It also held that, in a completed merger, the purchaser takes the risk of being required to divest the entire business acquired by it, if this is necessary to restore effective competition.

On 19 May 2012, China’s Ministry of Commerce (‘MOFCOM’) announced its conditional clearance decision on the acquisition of Motorola Mobility by Google, which removed the last hurdle for the USD12.5 billion vertical deal. The MOFCOM is the only antitrust authority to impose remedies on its clearance of the transaction. The US Department of Justice, the…

A recent CC decision, Stericycle/Ecowaste Southwest, in which it prohibited a completed merger and required the divestment of the acquired business, is a salutary reminder to companies that do not wait for merger clearance before completing their transaction.

In March 2011, the U.K. Government Department for Business, Innovation and Skills (“BIS”) consulted on proposed reforms to the U.K. competition regime. The objectives were lofty (“improving the robustness of decisions,” “supporting the competition authorities in taking forward high impact cases,” and “improving speed and predictability for businesses”) and the proposals in part structural (most…

In late January, the Commission finally published the non-confidential version of its decision in Unilever/Sara Lee Body Care (adopted in November 2010).  The decision, reached after a Phase II investigation, is notable because it marks the first time in many years where the Commission objects to a proposed merger on the basis of, among other…

Economics has an increasingly important role in merger assessment. Hardly anyone can imagine trying to build a solid major merger case anymore without paying at least some attention to the indirect evidence gained from analyzing the set of indicative economic factors of the case at hand. Whilst there are differences e.g. between different NCA’s and…