Master Programme in European Studies 2012-2013 / Term 1 EU 2120 – Integrating European Market HP-COMPAQ MERGER CASE Emin Özgün Türkbay 0 Introduction In 2001, Hewlett Packard … Decisions, press releases and other communications from the Commission are published as soon as they are official. These provisions are designed to operate as "corrective mechanisms" to ensure that a merger is reviewed by the most appropriate authority. Hutchison and the other Phase II telecommunications cases confirm that mergers involving mobile virtual network operators and proposed remedies in those cases … in the UK (the Lear report on past digital merger decisions). A convergence with this approach is now emerging from recent decision-making by the European Commission (Commission) and the UK Competition and Markets Authority (CMA). One of the major reason… Decisions, press releases and other communications from the Commission are published as soon as they are official. Under Article 22 EUMR, a Member State may request … Violation of this suspensory obligation, commonly Hutchison 3G/Telefónica UKcase also was noteworthy as one of three telecoms cases that received a Phase II investigation, and because it was a vertical case where remedies were insufficient. Information and communication technologies. Merger About the report: In its antitrust proceedings, the Commission enforces the EU’s competition rules, together with the national competition authorities (NCAs). Mergers Merger Cases. It became customary for the CMA to ask for information (or sight of the merger filing) in parallel to the EU review. The current substantive provisions of EU merger control law—supplemented by the case law of the EU courts and the decisional practice of the Commission—provide sufficient flexibility to conduct an in-depth assessment of the possible competition issues arising in big data cases. The Commission is also responsible for reviewing mergers of companies that are significant for the EU’s internal market. For latest updates of cases follow this link updates of cases. … Following the results of the evaluation, the Commission decided to adopt a communication providing guidance on the application of the referral mechanism between Member States and the Commission … Following the EC’s prohibition of the Siemens/Alstom merger in February 2019, 2 by contrast, the French and German governments called for changes to ease approval of some transactions, including notably a process to allow Member States to overrule EC merger prohibitions on public policy grounds. DG COMP has published a study by the University of East Anglia analysing the European Commission’s approach to geographic market definition in recent cases. Geographic Market Definition in EU Merger Cases. For currently open merger cases follow this link open merger cases. Information and communication technologies. its current policy regarding Article 22 of the EU Merger Regulation (EUMR) and start accepting referrals from NCAs, whether or not those authorities had the power to review those cases themselves in the first instance. On this page you can search for all merger cases. For information on ongoing Commission merger investigations see EU mergers—ongoing cases tracker. The headline is that there is a transition period, which means it will be business as usual until December 31, 2020, when the transition period is due to expire (that period could be extended, although, at present, … Farin Harrison, Samantha Mobley (Baker & McKenzie LLP) / February 23, 2016 January 30, 2020 / 1 Comment. For currently open merger cases follow this link open merger cases. EU merger control is governed by Regulation (EC) 139/2004 on the control of concentrations between undertakings (Merger Regulation). The EU merger law is charged with regulating mergers between two or more entities. HP-Compaq Merger Case and the effect of the EU. For all Merger cases use the Search page. For JV and ECSC cases (old cases not available via the search page) follow this link: JV and ECSC cases. For all Merger cases use the Search page For currently open merger cases follow this link open merger cases. EU Merger Control European Commission’s Broad-Brush “Four-To-Three Is Bad” Approach Taken Down By General Court In Three-O2 Judgment SUMMARY On 28 May 2020, the General Court of the European Union (“General Court”) handed down its judgment in Case 399/16 CK Telecoms UK Investments Ltd v European Commission (the “Judgment”), The Commission cannot respond to inquiries about the exact timing of publication. The third case is the recently announced merger of Aon and Willis into a group with a combined value of about $80 billion. Have there been any recent developments regarding EU merger control and are any updates/developments expected in the coming year? Third party access to documents in EU merger cases Hogan Lovells European Union July 4 2012 On 28 June 2012, the Court of Justice of the European Union ("CJEU") delivered two … Under the Merger Regulation, the European ... Commission considers cases involving legal and de facto control as giving rise to a concentration. 3 While this controversial proposal has been abandoned, France and Germany, now joined by Poland, continue to … Notwithstanding the Commission's exclusive jurisdiction over transactions with a Community dimension, the EU Merger Regulation includes provisions enabling the referral of cases from the Commission to the national competition authorities and vice versa. Gun-Jumping and EU Merger Control James R. Modrall and Stefano Ciullo* The EC Merger Regulation ‘‘ECMR’’,1 like the US Hart-Scott-Rodino Antitrust Improvements Act of 1976 (‘‘HSR Act’’),2 prohibits the closing of a notifiable transaction until antitrust approval has been received. European Commission, Mergers. Prior to the implementation of Regulation 139/2004 and the turn towards a more effects-based approach to EU competition law, EU merger control was governed by EEC Regulation 4064/89. The European Commission (Commission) has issued new guidance on when it will accept referrals of merger control reviews from EU national competition authorities. For JV and ECSC cases (old cases not available via the search page) follow this link: JV and ECSC cases. Please explain the EU 'control test', including providing comments on the position regarding 'minority (non-controlling) shareholdings'.#3. The. This is similar to action taken by the EC in the past (2015 review of merger decisions in the EU) and in other jurisdictions, e.g. Decisions, press releases and other communications from the Commission are published as soon as they are official. For currently open merger cases follow this link open merger cases. The Commission cannot respond to inquiries about the exact timing of publication. Originally, there was no merger control in the 1957 Treaty of Rome. EU Court Confirms the Need for Transparency and Full Disclosure of Economic Analyses In EU Merger Cases (UPS/TNT) Assimakis Komninos and James Killick, White & Case website, 17 January 2019. Overall, the mechanisms are intended to ensure that mergers with a significant cross-border impact are reviewed b… In the European Union (including the UK), the antitrust and merger control authorities – in particular, the European Commission – are familiar with the application of antitrust rules in the re/insurance sector. On this page you can search for all merger cases. On 28 May 2020, the General Court of the European Union (“General Court”) handed down its judgment in Case 399/16 CK Telecoms UK Investments Ltd v European Commission (the “Judgment”), annulling the decision of the European Commission (“Commission”) of 11 May 2016, which prohibited the merger of the two mobile network operators O2 and Hutchison 3G UK (“Three”). The Commission’s EU merger control and antitrust proceedings: a need to scale up market oversight. Only three cases challenged before the EU courts have so far been successful, notably: Schneider (n 10) and Case T-77/02, Schneider Electric v Commission, EU:T:2002:255; Case T-111/07, Commission v Agrofert Holding, EU:T:2010:285 and C-477/10P, Commission v Agrofert Holding, EU:C:2012:394; Case C-265/17 P, Commission v United Parcel Service, EU:C:2019:23. Are there any other ‘hot’ EU merger control issues?#2. On this page you can see the latest updates of cases. European Union merger law is a part of the European Union laws. The Commission announced some time ago that in the fourth quarter of 2020 it would finally publish the “evaluation results” of its 2016 consultation on procedural and jurisdictional aspects of EU merger control (the 2016 Consultation), which discussed the system of referring cases between the Commission and Member State authorities under the EU Merger Regulation (EUMR), the effectiveness of the EUMR’s turnover-based jurisdictional thresholds and other technical aspects… As Merger and Acquisitions (“M&A”) leads to the concentration of economic power in a smaller number of parties which can lead to distortion of competition in the market there is a need to regulate it. EU merger control#1. the European Union (EU)) and its institutions – the Council of Ministers, the European Parliament, the Court of Justice, and the European Commission – included articles (now numbered 101 and 102) condemning anticompetitive agreements among competitors and abuses of a dominant position. For JV and ECSC cases (old cases not available via the search page) follow this link: JV and ECSC cases. This would likely be done in cases … The impact of EU General Court’s annulment of the EU Commission’s decision to block the Three/O2 merger (Hutchison case), and in particular the higher standard the EU Commission must meet to discharge its burden of proof could lead to more intense merger reviews and a corresponding increase in the duration of investigations. In a number of cases, this scrutiny resulted in prolonged investigations, closing delays, significant divestiture remedies, litigation, and abandoned deals. Selected Irish-related merger cases assessed by the European Commission JJ Centrica / Bord Gáis Energy (2014) – The acquisition by Centrica, a UK energy company, of Bord Gáis Energy, the supply and thermal generation business in Ireland of Bord Gáis Eireann, an Irish commercial majority State-owned undertaking, was approved by the Commission. ... 2020 Antitrust Merger Enforcement Update and Outlook addresses a number of important trends and ... (“FTC”), the U.S. In 1973, the Commission proposed to adopt a merger regulation, which was eventually adopted in 1989 after a long battle between commissioner Leon Brittan, and two member-states which were the most reluctant (but for different reasons) Germany and Britain. With the UK leaving the EU on January 31, 2020, we answer some of the most common questions relating to the impact of Brexit on EU and UK mergers and antitrust investigations. The competition law regulates the merger and acquisitions. The European Commission has published today a Staff Working Document that summarises the findings of the evaluation of procedural and jurisdictional aspects of EU merger control. The … Only a single transaction was cleared without any remedies in Phase II in 2016. Involved in several high profile/complex EU merger control cases in 2018 to 2019, including Quaker Chemical's acquisition of Houghton International, Total System Services' EUR21.5 billion merger with Global Payments, and Fincantieri's proposed acquisition of Chantiers de l'Atlantique. The European Union may investigate Facebook’s $1BN acquisition of customer service platform Kustomer after concerns were referred to it under EU merger rules.. A … Click here to read the full article online. Deal documentation — consider adding further provisions to cover the possibility of an Article 22 referral: In some cases it may be advisable to insert a condition to closing to cover off the possibility of an Article 22 referral request, even if no merger control filings are triggered in the EU. The table lists all completed European Commission phase II merger investigations since 2000 as well as other merger related investigations (eg failure to notify). For latest updates of cases follow this link updates of cases. Özgün Türkbay. For JV and ECSC cases (old cases not available via the search page) follow this link: JV and ECSC cases.
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