Under the Merger Regulation, the European Commission (Commission) has, subject to limited exceptions, exclusive jurisdiction within the EU over “concentrations” (see below, Jurisdictional matters: Concentration) that have a “Community … INTRODUCTION 1.1. For latest updates of cases follow this link updates of cases. The European Commission has prohibited Siemens' proposed acquisition of Alstom under the EU Merger Regulation. These “views” are published on EFTA Surveillance Authority website. See all EU institutions and bodies. For latest updates of cases follow this link updates of cases. Commissioner Margrethe Vestager, in charge of competition policy, said: "European consumers are increasingly shopping online. (the EC Merger Regulation) (Text with EEA relevance) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 83 and 308 thereof, Having regard to the proposal from the Commission(1), Having regard to the opinion of the European … The European Commission (EC) did not obtain merger control authority, however, until 1989, Executive summary. describing the European Commission’s merger investigations and enforcement activity. Email. The decision was taken following an in-depth investigation of the deal. IP/18/3505. European Union: Merger Control Laws and Regulations 2021. The first alternative requires: 1. The European Commission has opened an in-depth investigation to assess the proposed acquisition of Shazam by Apple under the EU Merger Regulation. For latest updates of cases follow this link updates of cases. Le LIFAM a la responsabilité du workpackage 4 du projet OEHM (Optimisation Énergétique de l'Habitat Médtierraneen, financé par la Région Occitanie) qui a pour objectif d’étudier et de faire émerger les typologies (de bâti) et les morphologies (urbaines) les mieux adaptées au climat méditerranéen en utilisant des méthodes d’investigation propres aux architectes (le The main legislative texts for merger decisions are the EC Merger Regulation and the Implementing Regulation. ICLG - Merger Control Laws and Regulations - European Union covers common issues in merger control laws and regulations – including relevant authorities and legislation, notification and its impact on the transaction timetable, remedies, appeals and enforcement and substantive assessment – in 40 jurisdictions. In the course of investigation under Articles 20, 21 and 22(2) of Regulation (EC) No 1/2003 and Articles 12 and 13 of the Merger Regulation, the Commission may collect a number of documents, some of which may, following a more detailed examination, prove to be unrelated to the subject matter of the case in question. There are two alternative ways to reach turnover thresholds for EU dimension. ESA and EFTA states have a right to be present in the Advisory Committee when there is a "mixed case" as defined in Article 2 Protocol 24 to the EEA Agreement (turnover related – more than 25 % of total turnover in the territory of the EFTA states - or effect on the markets of the EFTA states). The official forms for standard merger notifications (Form CO), simplified merger notifications (Short Form CO) and referral requests (Form RS) are attached to the Implementing Regulation. (2) It is therefore appropriate to adopt a decision agreeing a paediatric investigation plan. Contents Paragraph . Competition rules in the EU. The European Commission (EC) has proposed far-reaching new powers to investigate and sanction foreign subsidies that have allegedly distortive effects on the European Union’s (EU) internal market. I-XI. The merger would have harmed competition in markets for railway signalling systems and very high-speed trains. European Commission - Press Release details page - European Commission - Press release Brussels, 20 December 2017 The European Commission has opened an in-depth investigation to assess the proposed takeover of Cristal by Tronox under the EU Merger Regulation. The Heads of European national competition authorities ("NCAs") and the European Commission have set up a Merger Working Group to foster increased consistency, convergence and cooperation among EU merger jurisdictions. The Commission is concerned that the proposed transaction would further entrench Google's market position in the online advertising markets by increasing the already vast amount of data that Google could use for personalisation of the ads it … The Airtours legal action created a significant level of uncertainty in EU merger law as a perceived gap had arisen with the law at the time - the gap of the non-collusive oligopoly. Member SIPC (www.sipc.org). Questionnaires in a market investigation are sent out electronically on the basis of this template. The Commission in principle only examines larger mergers with an EU dimension, meaning that the merging firms reach certain turnover thresholds. Cookies. On this page you can see all currently open merger cases. of the prudential interests exception in the context of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (‘the EC Merger Regulation’) (OJ L 24, 29.1.2004, p. 1). For JV and ECSC cases (old cases not available via the search page) follow this link: JV and ECSC cases. Mergers Merger Cases. The changes include a new set of thresholds designed to ensure a reduction in the number of multiple national filings of the same transaction. The DOJ has been evaluating options related to ongoing investigations, such as requesting that parties with timing agreements extend any upcoming HSR deadlines by 30-60 days.4 EU Merger Review & Enforcement COVID-19 Policies On March 12, 2020, the EC announced its policies in response to COVID-19. The European Commission has launched an investigation on the proposed merger between rolling stock company Alstom and mobility business Siemens due to competition concerns. 03-09. EUROPA; EUR-Lex home; EUR-Lex - 32009L0133 - EN Document 32009L0133. … It is therefore essential that you do not deviate from the template in order to avoid any delay in the market investigation. Confirming the Phase II review, Aon noted that this is a common next step in the review process for a deal of this size and complexity under EU Merger Regulation. The merger control system of the European Union is laid down in Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (1) (hereinafter referred to as ‘the Merger Regulation’) and in Commission Regulation (EC) No 802/2004 (2) (hereinafter referred to as ‘the Implementing Regulation’), to which this Form CO is annexed. The Commission is concerned that the merger may reduce competition in the supply of key inputs European Regulators 'Stop the Clock' on Qualcomm's Merger With NXP Semiconductors The European Commission's antitrust review of this $38 billion merger deal is … 1. On 21 September 1990, the EC Merger Regulation entered into force, 2 introducing into EU competition law a legal framework for the systematic review of mergers, acquisitions, and other forms of concentration. The European Commission has prohibited Siemens' proposed acquisition of Alstom under the EU Merger Regulation. EU merger control is governed by Regulation (EC) 139/2004 on the control of concentrations between undertakings (Merger Regulation). Topics covered include: History of the European Community's Merger Control Regulation The parties did not offer remedies sufficient to address these concerns. The EC is strongly urging parties in ongoing cases that are at the end of the pre-notification stage to delay merger notifications until further notice (we currently understand that this wil… Name. Cooperation With/Among EU National Competition Authorities in Merger Control For currently open merger cases follow this link open merger cases. European Commission website ; Follow the European Commission. In the field of mergers, notices and guidelines (see list below) play an important role for the interpretation of the Merger Regulation. The Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community has entered into force on 1st February 2020, (the “Withdrawal Agreement”). If proven, the practices under investigation may breach EU competition rules on anticompetitive agreements between companies (Article 101 of the Treaty on the Functioning of the European Union (TFEU)) and/or on the abuse of a dominant position (Articles 102 TFEU). Chapter 2 of this paper presents the new substantive EU rules applicable to the The Commission has also published "Best Practice Guidelines" which concern the relationship between case team and parties/third parties during the procedure (pre-notification contacts, meetings, provision of documents). This is a downloadable version of the legislation and guidance documents in force as of this date, and available in electronic format only. Phone +32 2 296 11 75. maria.sarantopoulou@ec.europa.eu. (i) a worldwide turnover of all the merging firms over €… EC Mergers & Acquisitions. The Withdrawal Agreement provides that the Commission remains competent for administrative procedures concerning compliance with Union law relating to competition in the United Kingdom that have been initiated before the end of the transition period (i.e. The Commission has concerns that the transaction could lead to higher prices, less choice and reduced innovation for customers of mobile telecommunications services in the UK. The findings in this report are based on data from the European Commission’s (the Commission’s) database of mergers and the PaRR Merger Database , covering the period 1 January 2010 through 31 December 2019. Trade defence instruments, such as anti-dumping or anti-subsidy duties, are ways of protecting European production against international trade distortions. Maria SARANTOPOULOU. The second alternative requires: 1. Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (Text with EEA relevance) Official Journal L 024 , … On this page you can search for all merger cases. An official website of the European Union An official EU website How do you know? Council Regulation (EC) No 139/2004 (the “2004 Guidelines”) likely represents the next step toward that end. europa.eu. Giulia KOMEL. While the EC plans to continue accepting paper submissions, it encourages parties to submit them electronically. European Merger Control Law: A Guide to the Merger Regulation is an indispensable guide to this process. The Commission concluded that it was better placed to … Mail. Apr 08, 2021 The Merger Regulation limits the Commission's merger reviews to an assessment of the transaction's effect on competition in the European Union A Comparison of the EU Apr 08, 2021 The objective of this paper is to discuss and compare the role that different constituencies play in US and EU procedures for merger control. Mail. The EC confirmed back in December that it would conduct an in-depth investigation of the transaction over concerns it could have negative implications for competition. (ii) an EU-wide turnover for each of at least two of the firms over €250 million. (i) a combined worldwide turnover of all the merging firms over €5 000 million, and 2. E-mail: edps@edps.europa.eu - Website: www.edps.europa.eu Tel. 1 The proposals include: (i) mandatory notification of acquisitions, including potentially minority investments, by companies receiving foreign subsidies. Share this page: Twitter; Facebook; LinkedIn; E-mail; European Commission. 10-15. Trade defence instruments, such as anti-dumping or anti-subsidy duties, are ways of protecting European production against international trade distortions. The Commission has decided to enter the second phase of merger proceedings in order to start an in-depth investigation [...] of the proposed Shell Petroleum NV and Montedison Nederland NV joint venture [...] (50/50) under the EC merger control rules. Share this page: Twitter; Facebook; LinkedIn; E-mail; European Commission. 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. merger control authority and shortly before the U.S. Congress enacted the Hart-Scott-Rodino Act, requiring pre-merger notification – as the EC’s attempts to apply Articles 101 and 102 to mergers illuminated their shortcomings. The European Commission has rejected a request from Germany to refer the planned acquisition of E-Plus by Telef ó nica Deutschland (Telef ó nica) to the German competition authority for assessment under German competition law. The Commission has concerns that the transaction could lead to higher prices, less choice and reduced innovation for customers of mobile telecommunications services in the UK. The Commission’s role as enforcer of competition rules. The European Investigation Order (EIO) is a judicial decision issued in or validated by the judicial authority in one EU country to have investigative measures to gather or use evidence in criminal matters carried out in another EU country. Mergers: Commission continues investigation of Telefónica Deutschland / E-Plus merger without referral to Germany. European Commission website ; Follow the European Commission. Mergers Merger Cases. The European Commission has opened an in-depth investigation under the EU Merger Regulation to assess whether the proposed acquisition of Telefónica UK by Hutchison would harm competition. Summary. In carrying out its duties the Commission may obtain all necessary information from relevant persons, undertakings, associations of undertakings and competent authorities of Member States. of concentrations between undertakings (the EC Merger notified to the EC and, generally, cannot be completed prior to approval by the EC. This Notice sets out a simplified procedure under which the Commission intends to treat certain concentrations pursuant to Council Regulation (EC) No 139/2004 (1) (the ‘Merger Regulation’) on the basis that they do not raise competition concerns. On 22 May 2007 the Commission adopted a Decision in a merger case under Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings ( 1 ), and in particular Article 8(2) of that Regulation. Facebook; … The 2004 Guidelines updated DG Comp’s merger analysis parameters and thereby brought EU merger policy closer to that of the US. 01-18. The European Commission has opened a formal antitrust investigation to assess whether Amazon's use of sensitive data from independent retailers who sell on its marketplace is in breach of EU competition rules. LEGAL AND POLITICAL CONTEXT (1) Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings1 (the EU Merger Regulation or EUMR) entrusts the Commission with the control of major corporate reorganisations2 that may bring significant structural changes on the market, the impact of which would go beyond the It is valid throughout the EU, but does not apply in Denmark and Ireland. Information and communication technologies, AES / COATUE / SCHNEIDER ELECTRIC / UPLIGHT, MITSUI & CO / MITSUI CHEMICALS / HONSHU CHEMICAL INDUSTRY, ASTORG / NORDIC CAPITAL / NOVO / BIOCLINICA, PIERER INDUSTRIE / PALFINGER / FSS / JETFLY, INFOSYS / DAIMLER (CERTAIN ASSETS AND PERSONNEL), SCHWARZ GROUP / SUEZ WASTE MANAGEMENT COMPANIES, UNITED INTERNET / MORGAN STANLEY / TELE COLUMBUS, ABU DHABI DEVELOPMENTAL HOLDING COMPANY / LOUIS DREYFUS COMMODITIES AND ENERGY HOLDINGS / LOUIS DREYFUS, HYUNDAI HEAVY INDUSTRIES HOLDINGS / DAEWOO SHIPBUILDING & MARINE ENGINEERING. The approval is conditional on full compliance with a commitments package offered by DIC. lation (EC) No 1/2003, Merger Regulation, Implementing Regulation and Merger Implementing Regu-lation, as well as the Commission Decision of 23 May 2001 on the terms of reference of Hearing Offi- cers in certain competition proceedings (2). Form CO Form for making a notification of a concentration pursuant to the EU … IP/16/2784. All official European Union website addresses are in the europa.eu domain. Mergers Practical information > Market investigations. Reports emerged last week that regulators in the European Union (EU) were set to undergo an in-depth review of the $30 billion deal in light of its complexity and potential ramifications for the market. Securities in the US offered through EuroConsult Capital LLC, a subsidiary of EuroConsult, which is a fully registered broker/dealer and a member of FINRA (www.finra.org). It is charged with regulating mergers between two or more entities in a corporate structure. European Commission - Press Release details page - European Commission - Press release Brussels, 26 June 2018 The European Commission has opened an in-depth investigation to assess the proposed acquisition of Solvay's global nylon business by BASF, under the EU Merger Regulation. For merger investigations, please always submit the contact details in advance as a draft together with the draft Form CO. The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of BASF Colors & Effects by the DIC Corporation (‘DIC’). Mergers: Commission opens in-depth investigation into proposed merger between Dow and DuPont. Introduction. 01-02. The commission, which is responsible for proposing legislation and implementing decisions in the European Union, stated that the union could reduce competition in the train and signalling system supply market. Burdens and uncertainty for businesses . Having regard to Article 25 of Regulation (EC) No 1901/2006, Whereas: (1) The Paediatric Committee of the European Medicines Agency has given an opinion on the agreement of a paediatric investigation plan and on the granting of a deferral. The EC Merger Regulation has been transformative, effecting significant and permanent change to EU competition law and practice. European Commission - Press Release details page - European Commission Press release Brussels, 30 January 2014 The European Commission has rejected a request from Germany to refer the planned acquisition of E-Plus by Telefónica Deutschland (Telefónica) to the German competition authority for assessment under German competition law. On 26 March 2021, the European Commission (the “Commission”) published guidance on the circumstances under which it is likely to accept requests from national competition authorities within the EU to investigate mergers that do not meet the EU or even national jurisdictional tests (the “Guidance”). Siemens, Alstom, Deutsche Börse, HeidelbergCement, TelefonicaUK and ThyssenKrupp). The Commission is concerned that the deal may reduce competition in titanium dioxide pigment, a critical input for many European officials actively review mergers, acquisitions, and other combinations between companies doing business in the European Union. If we look at which companies were involved in Phase 2 merger investigations since 2005, 49 EU-domiciled companies belonged to the TOP1000 R&D European spenders. For JV and ECSC cases (old cases not available via the search page) follow this link: JV and ECSC cases. In addition to the current transaction, there are three other on-going phase II merger investigations: ... ricardo.cardoso@ec.europa.eu. EU Competition law – rules applicable to merger control . Planned mergers and acquisitions of companies that do significant business in the EU must be notified to the EC if the combined businesses exceed certain revenue thresholds. On this page you can see all currently open merger cases. Role of Member State authorities in antitrust proceedings. European Union merger law is a part of the law of the European Union. before 31 December 2020), and it includes specific provisions that apply to these procedures. This site uses cookies to offer you a better browsing experience. The Commission believes that the measure might distort trade and competition, and doubts that state Protectionist merger control harms small companies and companies from small EU Member States such as Austria: In the early days of European merger control, there were repeated attempts by EU Member States to exert influence on merger control decisions through legal avenues, but also by making direct interventions. ESA and EFTA states do not have a right to vote, but can express a "view" on the case. The European Commission (EC) has reportedly halted its investigation into the proposed combination of Aon and Willis Towers Watson (WTW) while it waits for more data from the broker, reports Reuters. The need for duplicate filings in the EU and the … The amendments to the Merger Regulation are made by Council Regulation (EC) No 1310/97 amending Regulation (EEC) No 4064/89 on the control of concentrations between undertakings of 30 June 1997 (OJ L 180/1, 09.07.1997). Notice on the consequences of the UK withdrawal on competition law , as published on 2 December 2020, illustrates the main implication of the withdrawal of the United Kingdom from the European Union on the enforcement of EU antitrust and merger control rules after the end of the transition period. The Commission will now carry out its in-depth investigation as a matter of priority. A transaction raises competition concerns for ECMR purposes if it could significantly impede effective competition, in particular by the creation or strengthening of a dominant position. Of these, 43 always saw their transactions approved after Phase 2 investigations and only 6 (12.2%) saw them prohibited at least once (i.e. DG COMP Public consultations (archive: Merger Control Public consultations 2014, 2013), Information and communication technologies, EU Competition law – rules applicable to merger control, The Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, Notice on the consequences of the UK withdrawal on competition law, Commission consolidated jurisdictional notice, Best practices on the disclosure of information in data rooms, Guidance on the preparation of public versions of merger decisions, Best practices on divestiture commitments, Best Practices on the submission of economic evidence, Best practices on merger control proceedings, Working Arrangements for the functioning of the Advisory Committee on concentrations (November 2016), Annex: Modalities on the Organisation of and participation in Advisory Committee meetings by video-link, Timeline for Mergers and Antitrust policy reviews 2020-2024. Phone +32 2 291 37 40. Dans de nombreux pays, des The Commission cannot respond to inquiries about the exact timing of publication. giulia.komel@ec.europa.eu. European Commission - Press Release details page - Brussels, 17th Mai 2006 The European Commission has opened a formal investigation, under EC Treaty state aid rules (Article 88 (2)), into an Italian tax credit scheme to encourage small and micro enterprises to merge. After previously cancelling all The Commission is concerned that the merger could reduce choice for users of music streaming services. In addition to the current transaction, there are 3 ongoing Phase II merger investigations: ... ricardo.cardoso@ec.europa.eu. European Commission - Press Release details page - European Commission Press release Brussels, 20 December 2013 The European Commission has opened an in-depth investigation to assess whether the planned acquisition of E-Plus of Germany by Telefónica Deutschland (Telefónica) is in line with the EU Merger Regulation.