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.
FCO Clears Merger of “Charité” and “Deutsches Herzzentrum Berlin”
On June 7, 2021, the FCO cleared the merger between Charité – Universitätsmedizin Berlin (“Charité”) and the “Deutsches Herzzentrum Berlin” (“DHZB”), thus allowing the establishment of the “Deutsches Herzzentrum der Charité”.[1]
Sabre Corporation v Competition and Markets Authority
On 21 May 2021, the CAT dismissed Sabre’s challenge of the CMA’s decision to block its proposed acquisition of Farelogix.
Courts Endorse CMA’s Broad Discretion in Merger Cases
The Competition Appeal Tribunal (CAT) and Court of Appeal have upheld decisions of the Competition and Markets Authority (CMA) in two significant merger cases. These judgments endorse both the CMA’s assertive approach to establishing jurisdiction over transactions with limited UK nexus and its policy of imposing global hold separate orders over both parties in completed mergers, and underline the broad discretion that the courts will allow the CMA in deciding how to carry out merger investigations.
Facebook Inc. v Competition and Markets Authority
On 13 May 2021, the Court of Appeal dismissed an appeal by Facebook, Inc and Facebook UK Limited against a
The French Competition Authority Prohibits Proposed Acquisition of Oil Pipeline by Private Equity Firm Ardian
On May 12, 2021, following an in-depth “Phase 2” review, the French Competition Authority (“FCA”) issued its second ever merger control prohibition decision, as it considered that Ardian’s proposed acquisition of sole control over pipeline company Société du Pipeline Méditerrannée-Rhône (“SPRM”) raised serious competition concerns.[1]
The Commission Fines Sigma-aldrich €7.5 Million for Providing Incorrect Information During Merger Review
On May 3, 2021, the European Commission fined life science company Sigma-Aldrich € 7.5 million for providing incorrect or misleading information during the Commission’s 2015 review of Merck’s acquisition of the company. The fine marks another step in an increasingly stringent approach to enforcing the procedural rules that apply during the Commission’s merger control process.[1]
The French Competition Authority Unconditionally Clears Vivendi’s Acquisition of Prisma Media
On April 29, 2021, the French Competition Authority (“FCA”) unconditionally cleared Vivendi’s acquisition of Prisma Media, a French press publishing group.[1] The FCA found that the proposed transaction did not create any significant impediment to effective competition, despite the existence of conglomerate relationships between the Parties’ activities.
Joint Statement by the CMA, ACCC and Bundeskartellamt on the Need for Rigorous Merger Enforcement
In recent years, the CMA has been strengthening its approach to merger control as it prepares for its new status as a global enforcer with expanded jurisdiction following the UK’s exit from the EU. Since 1 January 2021, the CMA has been able to investigate the UK aspects of mergers that also qualify for review by the EU Commission (EC). Many transactions, including major global deals, are therefore now subject to parallel review by the EC and CMA.