Mergers & Acquisitions

On March 2, 2020, after an in-depth investigation, the FCO approved cinema operator Vue Nederland B.V. (“Vue Group”)’s acquisition of its competitor Edge Investments B.V., 2015 First Holding GmbH, and Greater Union International GmbH. [1] The approval is subject to the divestment of cinemas in six regions. The Vue Group operates 31 cinemas in Germany, 30 under the brand “CinemaxX”. The targets operate 53 cinemas in Germany, 51 under the brand “Cinestar”.

On January 6, 2020, the Commission announced that it would investigate job losses in a plant in Fürstenfeld, Austria, following the acquisition of Whirlpool’s refrigeration compressor business, Embraco, by Nidec, a Japanese manufacturer of electric motors, powertrains, and other related industrial components. The Commission had conditionally approved the transaction following an in-depth merger control investigation, allowing the creation of a leading player in the refrigeration sector.[1]

On December 18, 2019, the FCO prohibited cash handling service provider Loomis AB’s acquisition of its competitor Ziemann Sicherheit Holding GmbH (“Ziemann”).[1] Loomis AB and Ziemann are the third and second-largest cash handling service providers in a number of regional markets in the west and north of Germany behind market leader Prosegur.

On December 3, 2019, the Commission approved German battery maker Varta AG (“Varta AG”) as a suitable purchaser of assets divested by US-based rival Energizer in its acquisition of U.S. consumer products company Spectrum Brands’ batteries and portable lighting business.[1] In a separate decision on the same day, the Commission also cleared Varta AG’s acquisition of the divested Varta-branded assets subject to behavioral remedies.[2]

On December 3, 2019, the Commission published its decision granting steel company Evraz Group S.A.’s (“Evraz”) request for a partial waiver of commitments it submitted as part of its acquisition of Highveld Steel and Vanadium Corporation Limited (“Highveld”). The Commission cleared the transaction in 2007, subject to divestment and behavioral commitments to address its concerns regarding anticompetitive effects in the markets for the supply of high-purity vanadium pentoxide and vanadium chemicals. The commitments also addressed concerns regarding a potential foreclosure of downstream competitors on the markets for vanadium oxides and finished vanadium products.

On November 11, 2019, the FCO approved the acquisition of Acacia Communications, Inc. (“Acacia”) by Cisco Systems, Inc. (“Cisco”).[1] The FCO had asked the merging parties to withdraw their notification to have more time to define the relevant markets but cleared the transaction in phase 1 after the parties had resubmitted their notification one month later.