On January 18, the CAT quashed the procedural timetable set by the CMA in the Phase 2 review of the Sainsbury’s/Asda merger. The CMA had given the parties a little over two weeks to respond to over 400 pages of working papers and scheduled the Main Party Hearings during the same period. The CAT found the deadlines were unreasonable and unfair given the volume and complexity of the papers, the CMA’s failure to engage in a longer pre-notification period despite the parties’ requests, and the overlap of the deadlines for the main hearing and response to the working papers. The CAT did not specify new deadlines, which were left to the CMA’s discretion, having regard to the overall statutory review period.
FCO Blocks Plain Bearings Production Joint Venture
On January 17, 2019, the FCO prohibited the creation of a joint venture between Miba and Zollern in the market for the production of hydrodynamic plain bearings.
FCO Blocks Plain Bearings Production Joint Venture
On January 17, 2019, the FCO prohibited the creation of a joint venture between Miba and Zollern in the market for the production of hydrodynamic plain bearings.[1] This particular type of bearings is needed for the production of large bore engines used, inter alia, in ships, locomotives and power generators.
The Court of Justice Strengthens Rights of Defense of Companies in Commission v. UPS
Background
In 2013, the European Commission (“the Commission”) prohibited the proposed acquisition of TNT by United Parcel Service (“UPS”) on the basis that the merger could lead to a significant impediment of effective competition for intra- EEA express small package delivery services and result in increased prices. UPS offered a package of remedies, including divestment of TNT’s subsidiaries in the 15 Member States where the Commission identified competition concerns.
Vivendi/Editis
On January 2, 2019, the FCA authorized the acquisition by the Vivendi Group of the Editis Group, which owns 13 literary publishing houses operating the brands Fleuve, Julliard, Le Cherche Midi, Plon, Robert Laffont, Bordas and Nathan, among others.[1]
2018 Year-End Review: Record Amount of Competition Fines, Cartels Fines on the Decline, Increased Practice of Pull-and-Refile in Mergers
The Commission issued fines totaling €6.5 billion in 2018, which is a new record and almost double the amount of competition fines in 2017.
2018 Year-end Review: Record Amount of Competition Fines, Cartels Fines on the Decline, Increased Practice of Pull-and-Refile in Mergers
The Commission issued fines totaling €6.5 billion in 2018, which is a new record and almost double the amount of competition fines in 2017.
Cash Paris Tax Refund/Global Blue/Planet Payment
On December 28, 2018, the FCA authorized, subject to commitments, the creation of the Cash Paris Tax Refund joint-venture by Global Blue and Planet Payment.[1]
Cellitinnen Nord Abandons Planned Acquisition of Cellitinnen SüD
The foundation Cellitinnen zur heiligen Maria (“Cellitinnen Nord”) already abandoned its plans to acquire the foundation Cellitinnen Süd on December
DCA Confirms FCO’s Decision to Block CTS Eventim/Four Artists Merger
On December 5, 2018, the DCA rejected CTS Eventim’s appeal of the FCO’s 2017 decision prohibiting CTS Eventim’s acquisition of Four Artists.[1]