In addition to the current transaction, there are three other on-going phase II merger investigations: ... ricardo.cardoso@ec.europa.eu. europa.eu. The Commission is concerned that the merger may reduce competition in the supply of key inputs For latest updates of cases follow this link updates of cases. It is therefore essential that you do not deviate from the template in order to avoid any delay in the market investigation. 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. Join Our Mailing List. Form CO Form for making a notification of a concentration pursuant to the EU … Email. 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. Merger control European Union The EC enforces merger control in the EU, on the basis of the Merger Regulation. Dans de nombreux pays, des Executive summary. Share this page: Twitter; Facebook; LinkedIn; E-mail; European Commission. E-mail: edps@edps.europa.eu - Website: www.edps.europa.eu Tel. Siemens, Alstom, Deutsche Börse, HeidelbergCement, TelefonicaUK and ThyssenKrupp). 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. maria.sarantopoulou@ec.europa.eu. 2. Member SIPC (www.sipc.org). The European Commission has launched an investigation on the proposed merger between rolling stock company Alstom and mobility business Siemens due to competition concerns. 01-02. The changes include a new set of thresholds designed to ensure a reduction in the number of multiple national filings of the same transaction. Facebook; … The European Commission (EC) did not obtain merger control authority, however, until 1989, Maria SARANTOPOULOU. 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). 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. It is charged with regulating mergers between two or more entities in a corporate structure. The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of BASF Colors & Effects by the DIC Corporation (‘DIC’). 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. For JV and ECSC cases (old cases not available via the search page) follow this link: JV and ECSC cases. For all Merger cases use the Search page For merger investigations, please always submit the contact details in advance as a draft together with the draft Form CO. 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. For latest updates of cases follow this link updates of cases. The 2004 Guidelines updated DG Comp’s merger analysis parameters and thereby brought EU merger policy closer to that of the US. 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. EU merger control is governed by Regulation (EC) 139/2004 on the control of concentrations between undertakings (Merger Regulation). 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. Mergers Merger Cases. 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 European Commission has opened an in-depth investigation to assess the proposed acquisition of Gemalto by Thales under the EU Merger Regulation. 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. Share this page: Twitter; Facebook; LinkedIn; E-mail; European Commission. Cookies. It is valid throughout the EU, but does not apply in Denmark and Ireland. Trade defence instruments, such as anti-dumping or anti-subsidy duties, are ways of protecting European production against international trade distortions. 1 The proposals include: (i) mandatory notification of acquisitions, including potentially minority investments, by companies receiving foreign subsidies. Burdens and uncertainty for businesses . 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). 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. Commissioner Margrethe Vestager, in charge of competition policy, said: "European consumers are increasingly shopping online. On this page you can see all currently open merger cases. This institution has jurisdiction over concentrations that might or might not impede competition. Mergers: Commission continues investigation of Telefónica Deutschland / E-Plus merger without referral to Germany. 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. The European Commission (EC) has blocked the proposed merger of Siemens and Alstom mobility businesses preventing the creation of a European rail business leader. ESA and EFTA states do not have a right to vote, but can express a "view" on the case. Mergers: Commission opens in-depth investigation into proposed merger between Dow and DuPont. The Commission’s role as enforcer of competition rules. European Union: Merger Control Laws and Regulations 2021. INTRODUCTION 1.1. 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. giulia.komel@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. An official website of the European Union An official EU website How do you know? Special Report The Commission’s EU merger control and antitrust proceedings: a need to scale up market oversight EN 2020 24 . (ii) an EU-wide turnover for each of at least two of the firms over €250 million. The European Commission has opened an in-depth investigation to assess the proposed acquisition of Shazam by Apple under the EU Merger Regulation. EUROPA; EUR-Lex home; EUR-Lex - 32009L0133 - EN Document 32009L0133. 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 On this page you can see all currently open merger cases. Decisions, press releases and other communications from the Commission are published as soon as they are official. 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. I-XI. 1. The second alternative requires: 1. European Commission website ; Follow the European Commission. 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. 03-09. Council Regulation (EC) No 139/2004 (the “2004 Guidelines”) likely represents the next step toward that end. Because many merger cases involve pan-European markets and difficult cases will often require pan-European remedies, however, efficient handling of parallel EU and UK merger investigations will require a far greater level of coordination than currently occurs under existing Commission agreements. europa.eu. This site uses cookies to offer you a better browsing experience. Phone +32 2 296 11 75. 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 … 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. For JV and ECSC cases (old cases not available via the search page) follow this link: JV and ECSC cases. 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 (i) a combined worldwide turnover of all the merging firms over €5 000 million, and 2. d’investigation en mathématiques, sciences et technologie4, qui se sont multipliés à la suite de la publication du rapport connu sous le nom de rapport Rocard en 20075, ont contribué à remettre ces questions sur le devant de la scène. The Commission is concerned that the merger could reduce choice for users of music streaming services. 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”). REGULATION (EU) No 996/2010 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union and in … European Commission website ; Follow the European Commission. 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 parties did not offer remedies sufficient to address these concerns. (i) a worldwide turnover of all the merging firms over €… European Merger Control Law: A Guide to the Merger Regulation is an indispensable guide to this process. See all EU institutions and bodies. Name. 1. 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. There are two alternative ways to reach turnover thresholds for EU dimension. 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. Questionnaires in a market investigation are sent out electronically on the basis of this template. In the field of mergers, notices and guidelines (see list below) play an important role for the interpretation of the Merger Regulation. 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 … Role of Member State authorities in antitrust proceedings. 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). After previously cancelling all The European Commission has prohibited Siemens' proposed acquisition of Alstom under the EU Merger Regulation. Summary. The Commission believes that the measure might distort trade and competition, and doubts that state of concentrations between undertakings (the EC Merger notified to the EC and, generally, cannot be completed prior to approval by the EC. European officials actively review mergers, acquisitions, and other combinations between companies doing business in the European Union. 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. Phone +32 2 291 37 40. Contents Paragraph . 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 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. 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). … 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. Trade defence instruments, such as anti-dumping or anti-subsidy duties, are ways of protecting European production against international trade distortions. EU European Union EU Merger Regulation or EUMR Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ L 24, 29.01.2004, p. 1) Evaluation Evaluation of procedural and jurisdictional aspects of EU merger control GAFAM Google, Amazon, Facebook, Apple, Microsoft . 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. Mergers Merger Cases. European Union merger law is a part of the law of the European Union. 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. While the EC plans to continue accepting paper submissions, it encourages parties to submit them electronically. 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. These “views” are published on EFTA Surveillance Authority website. 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). 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. The parties did not offer remedies sufficient to address these concerns. 2 . 01-18. Help; Print this page; Text Document information Procedure National transposition Document summary Save to My items Up-to-date link Permanent link Bookmark this item; Download notice Follow this document Table of contents Hide Table of contents. Mail. 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. The European Commission has opened an in-depth investigation to assess the proposed acquisition of Fitbit by Google under the EU Merger Regulation. Giulia KOMEL. 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.
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