On December 14, the Commission conditionally approved the proposed acquisition of Suez by Veolia (“the Transaction”) following review in Phase I.[1]
No “One-stop-Shop”: FCO Reviews Digital Merger in Parallel to the Commission
On December 9, 2021, following ex officio proceedings,[1] the German Cartel Office (“FCO”) concluded that the acquisition of customer relationship management software provider Kustomer, Inc., (“Kustomer”) by Facebook Inc., re-named Meta Platforms Inc. (“Meta”) since October 2021, is notifiable under the German merger control regime as it falls under the € 400 million transaction value threshold of the ARC[2] and asked Meta to submit documents to review the transaction.[3] On January 11, 2022, the parties notified the transaction to the FCO.
Cleary Gottlieb Antitrust Developments in Europe 2020
Cleary Gottlieb partners Romano Subiotto QC and Robbert Snelders, in collaboration with our Antitrust practice, are thrilled to present
COVID-19, Green And Digital Transition, European Single Market: The Commission Outlines The New Challenges Facing EU Competition Policy
On November 18, 2021, the Commission published its communication entitled “a competition policy fit for new challenges” (the “Communication”).[1] The Communication identifies several areas where an adjusted competition policy could help overcome new challenges the European economy is facing. In particular, the Communication discusses competition policy’s role in Europe’s economic recovery from the COVID-19 pandemic, in supporting the European green[2] and digital transition,[3] and in strengthening the Single market’s resilience.
Illumina And Grail Run Into First-Ever Interim Measure For Gun-Jumping
On October 29, 2021, for the first time, the Commission imposed interim measures on companies that closed a deal before obtaining merger approval. On August 18, 2021, U.S. gene-sequencing company Illumina publicly announced it had acquired Grail, a start-up that has developed multi-cancer early detection tests.
Withdrawl of Action Against Premier League
On 8 October 2021, the CAT made an order permitting St James Holdings Limited (St James Holdings) to
The General Court Upholds the Commission’s Record Gun-jumping Fine in Altice
On September 22, 2021, the General Court dismissed Altice’s appeal against two fines totalling €124.5 million imposed by the Commission in 2018 (the “Decision”)[1] for exercising control over PT Portugal before the acquisition had received merger control clearance, i.e., gun-jumping.
Commission Opens In-Depth Investigations Into Two Article 22 EUMR Upward Referral Cases
In March 2021, the Commission adopted a Communication (the “Guidance”)[1] on the application of the referral mechanism pursuant to Article 22 of the EU Merger Regulation (“EUMR”). The Guidance encourages national competition authorities (“NCAs”) to refer to the Commission certain transactions[2] that do not meet national merger control thresholds and would otherwise escape merger control review in the EU. The Commission had long discouraged the referral of such cases, considering that they were generally unlikely to have a significant impact on the internal market.
The French Competition Authority Recognizes for the First Time the Existence of a Market for “Organic” or Biological Products
On September 10, 2021, the FCA authorized the acquisition of 100 stores belonging to Bio c’ Bon, a French chain of organic grocery stores, by hypermarket chain Carrefour, subject to divestiture remedies.
FCO Approves RTL Group’s Acquisition of The Remaining Shares in Super RTL
On June 11, 2021, the FCO cleared Bertelsmann SE & Co. KGaA’s (“RTL Group”) acquisition of the remaining 50% shares in RTL Disney Fernsehen GmbH & Co. KG (“Super RTL”) from its co-shareholder The Walt Disney Company (“Disney”).[1] RTL Group and Disney established Super RTL as a joint venture in 1995, each holding 50 percent of the shares in Super RTL. Following the transaction, RTL Group is the sole shareholder of Super RTL.