When the Commission’s Remedies Notice was published in 2008, many commentators thought the Notice’s requirements for parties to a concentration to offer an acceptable remedy were too demanding. The concern was that especially under the short and strict timeframe in Phase I, it would be close to impossible to convince the Commission to accept anything…
On April 20, 2010, the German Federal Court of Justice quashed the Düsseldorf Court of Appeal’s decision in Phonak/GN, which upheld the FCO’s merger prohibition of the acquisition of GN ReSound by Phonak, both active in hearing aids in Germany. The merger would have combined number two and four in the market, with aggregated market…
On June 29, the Court of Justice of the European Union (ECJ) set aside the judgment of the General Court (GC) in the Alrosa case and dismissed Alrosa’s action on the merits. In the procedural economy/due process conundrum raised by negotiated procedures – Article 9 commitment proceedings in the case a quo – the ECJ decided in favor of the former: “the Commission has a wide discretion to make a proposed commitment binding or to reject it” (¶94). In that sense, Alrosa constitutes clearly a victory for the Commission, but one that raises more questions than it solves, I am afraid.
Paris Court of appeals, 1 June 2010, Canal 9 Merely one month before the ECJ delivered its very expected judgment in the Alrosa case, a ruling of the Paris Court of Appeals confirmed that the exercise of the rights of the defense in commitment procedures raises delicate issues also at the national level. This ruling…
Welcome to the Kluwer Competition Law Blog. As its editor, it is a great pleasure for me to announce the launch of this new platform for the discussion of competition law developments in the EU and beyond. Our aim is to debate current competition law issues that are of interest for practitioners, companies, and scholars alike….
