Merger control

Competition policy, European Commission, European Union, Guidelines, Killer acquisitions, Merger control

(Norton Rose Fulbright, Belgium) and , (Analysis Group)/ /1 Comment

Executive Vice President Vestager’s momentous tenure as Commissioner responsible for EU competition policy is nearing its end. EVP Vestager will leave her successor with a full agenda, including the first full-scale revamp of the Commission’s basic antitrust procedural rules in over 20 years, finalizing the controversial guidelines on exclusionary abuses under Article 102 TFEU and…

Commitments, Merger control, Türkiye

, , , (Gentemizer)/ /Leave a comment

Introduction There have been some exciting developments in Turkish competition law recently, not least of which was the Turkish Competition Board’s (“Board”) first-ever judgment on non-compliance with commitments. To recap, the Board approved the merger between Luxottica Group S.p.A. and Essilor International S.A. back in 2018, subject to behavioural and structural commitments. To review the…

Malta, Market definition, Merger control

(WH Partners)/ /Leave a comment

Malta’s Office for Competition (“the Office”) has issued a press release, noting that on the 18 September 2024, it issued a decision prohibiting the acquisition by Lidl Immobiliare Malta Limited (“Lidl”) of property owned by Said Investments Limited and leases belonging to another major supermarket chain on the island (“Scott’s”) bringing a tentative end to…

Competition policy, Czech Republic, Legislation, Merger control, Merger notification, National competition authorities (NCAs)

(Schoenherr)/ /Leave a comment

Introduction In the past two years, the Czech Competition Authority (CCA) added several new tools to its arsenal for competition enforcement. This year the CCA and the Government of the Czech Republic proposed another significant set of updates to the Czech Act No. 143/2001 Coll., on the Protection of Competition (the Act). Arguably, the most…

Germany, Merger control, Merger Thresholds, Transaction Value Threshold

, (Noerr)/ /Leave a comment

In its decision of 17 June 2024, the German Federal Cartel Office (FCO) has cleared the takeover of Olink Holding AB (publ), Sweden (“Olink”) by Thermo Fisher Scientific Inc., USA (“Thermo Fisher”) after an extensive review period exceeding five months (press release). This case marks a significant milestone as it is the first time that…

Canada, Merger control, Minority shareholding

, (Davies Ward Phillips & Vineberg LLP, Canada)/ /Leave a comment

Introduction On April 23, 2024, the Canadian Competition Bureau (Bureau) issued its report (Report) on the proposed acquisition of Viterra Limited (Viterra) by Bunge Limited (Bunge), concluding that the transaction (Proposed Transaction) is likely to result in substantial anticompetitive effects in certain agricultural markets in Canada. Bunge and Viterra are both multinational agribusiness companies. In…

Brazil, Guidelines, Merger control

(Universidade de São Paulo)/ /Leave a comment

The Brazilian Competition Authority – CADE – has just recently published its Guidelines for Non-Horizontal Merger Reviews, which consolidate and formalize the competition authority’s best practices in reviewing vertical and conglomerate mergers (the “V+ Guidelines”). The V+ Guidelines complement CADE’s 2016 Horizontal Mergers Guidelines and other relevant documents that have been published by the Brazilian…

Art. 22, European Commission, Guidance, Innovation, Market definition, Merger control, Merger regulation, Merger Thresholds, Sustainability

(Norton Rose Fulbright, Belgium)/ /Leave a comment

Many of the most challenging transactions reviewed under the EU Merger Regulation (EUMR) in recent years involved their likely effects on non-price competitive factors: innovation; quality and product differentiation; data protection and privacy; sustainability; and capacity and reliability of supply.  These topics are discussed briefly, or not at all, in the Commission’s guidelines on the…

European Commission, European Court of Justice, General Court of the European Union, Gun jumping, Merger control, Merger notification, Merger regulation, Merger Thresholds, Mergers

, , (White & Case)/ /Leave a comment

On 9 November 2023, the European Court of Justice (ECJ) confirmed that the European Commission (EC) was right to impose two separate fines on Altice for breaching standstill rules and failing to notify its acquisition of PT Portugal, but lowered the fine for failure to notify by €3.1 million. The European Union (EU) merger control…

Dutch clause, Gun jumping, Merger control, Merger notification, Merger regulation, Merger Thresholds

(Leiden University)/ /Leave a comment

As Ariel Ezrachi and Maurice E. Stucke noted, just as duck hunters must anticipate the future position of their prey, antitrust policymakers are urged to foresee potential anti-competitive behaviours rather than solely focusing on past constraints. This concept of anticipating potential anti-competitive behaviours has now firmly landed on the desks of policymakers, and the last…