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Overview   Mergers

Case C‑524/14 P European Commission vs. Hansestadt Lübeck

The Court of Justice ruled on the Commission' appeal against an earlier General Court ruling that had annulled a Commission decision of 2012. The 2012 decision had extended the scope of a state aid investigation into public measures in favour of Lübeck airport and airlines flying from it. Lübeck airport brought an action for annulment against the 2012 extension decision. The General Court annulled the decision with regard to one measure: Lübeck airport's 2006 schedule of airport charges. The 2012 decision had found that the schedule selectively favoured airlines flying from Lübeck airport over competing airlines flying from other nearby airports, such as Hamburg. The General Court held that the schedule was not selective because it was open to all airlines willing to fly from Lübeck airport. The Court of Justice has now confirmed the General Court's findings.

 
Competition Merger Brief 4/2016 published

The Competition Merger Brief 4/2016 is available, covering the cases M.7630 FedEx/TNT, M.7881 ABI/SAB, M.7744 Heidelbergcement/Italcementi and M.7893 Plastic Omnium/Faurecia Exterior Business case

 
New Competition merger brief

29/11/2016 - The European Commission just published a new Competition merger brief (Number 3/2016) reporting about recent developments in telecoms mergers

 
Commission clears acquisition of BASF's industrial coatings business by AkzoNobel

31/10/2016 - The European Commission has approved under the EU Merger Regulation the acquisition of the industrial coatings business of German chemicals company BASF by AkzoNobel of the Netherlands. BASF's industrial coatings business develops, manufactures and sells various industrial coating products. AkzoNobel is a global manufacturer of a wide range of paints, performance coatings and specialty chemicals. Both companies manufacture and supply industrial coatings, which are applied to various substrates to improve surface properties, including appearance, adhesion, corrosion resistance and scratch resistance. Their activities overlap in particular in the area of coil coatings, applied to aluminium or steel where they have a relatively strong combined market position. However, the Commission concluded that the proposed acquisition would raise no competition concerns, because the merged entity will continue to face strong competition from other suppliers present on these markets. Although the companies are the leading suppliers of coil coating paint systems for domestic appliances, a number of well-established or expanding suppliers remain active in the market and customers are large sophisticated buyers.

 
Commission clears acquisition of Chemetall by BASF

31/10/2016 - The European Commission has approved under the EU Merger Regulation the proposed acquisition of Chemetall of the US by BASF of Germany. Chemetall develops, manufactures and supplies surface treatment products and services for a range of industries including aerospace, aluminium and automotive. BASF is a global chemical company. The activities of the companies overlap to a very limited extent. The companies are active on neighbouring markets, in particular in the automotive industry, where Chemetall offers automotive surface treatment products and BASF offers automotive coating products to automotive manufacturers. However, after the transaction BASF's position will remain moderate on both of these markets and it will continue to face competition from other important suppliers active in the European Economic Area. The Commission therefore concluded that the proposed transaction would raise no competition concerns. The transaction was examined under the normal merger review procedure.

 
European Commission approves takeover of Transat France by TUI

21/10/2016 - The European Commission has approved under the EU Merger Regulation the acquisition of Transat France by the German TUI group. Transat France, part of the Canadiean group Transat, is the fourth biggest integrated tour operator in France, operating under the names Transat and Look Voyages. TUI is the biggest tour operator in more then 180 destinations worldwide. TUI already owns the French brands Marmara, Nouvelles Frontières, Aventuria and Passion des iles. The planned operation contributes to the consolidation of the market of tour holidays in France. Taking into account that there still is a lot of competition pressure by the other tour operators on the Company resulting in the takeover, the Commission concluded that there will be no negative effect for customers. The operation was examined under the normal merger review procedure.

 
Commission clears acquisition of Weyerhaeuser's pulp business by International Paper Company

21/10/2016 - The European Commission has approved under the EU Merger Regulation the acquisition of the pulp business of Weyerhaeuser Company by International Paper Company ("IP"), both of the US. Weyerhaeuser's pulp business comprises the major part of the Weyerhaeuser Group's Cellulose Fibers business segment. It consists in particular of five mills, located in North America, and two converting facilities, one located in the US and one in Poland, that turn fluff pulp into a specialty fiber. These mills produce fluff pulp, softwood pulp, and specialty pulp for a number of consumer applications including diapers and hygiene products. IP is a packaging and paper company that produces containerboard, corrugated boxes, pulp, consumer packaging (carton board), cups and white paper, with manufacturing operations in North America, the European Economic Area, Latin America, Russia, Asia and North Africa. The companies' activities overlap in the market for untreated fluff pulp. The Commission concluded that the proposed acquisition would raise no competition concerns given the presence of strong competitors and the fact that there is an increasing capacity for the production of fluff pulp, as a reaction to an increasing demand for diapers and hygiene products in emerging markets.The operation was examined under the normal merger review procedure.

 
Commission approves acquisition of Faiveley by Wabtec, subject to conditions

4/10/2016 - After an in-depth investigation under the EU Merger Regulation, the European Commission has cleared the proposed acquisition of Faiveley Transport of France by US-based Wabtec. The approval is subject to the implementation of commitments. Both companies are significant suppliers of train equipment. (E-4)

 
Commission seeks feedback on certain aspects of EU merger control

7/10/2016 - The European Commission has launched a public consultation on the functioning of certain procedural and jurisdictional aspects of EU merger control. The public consultation will seek feedback from citizens, businesses, associations, public authorities and other stakeholders. (A-2)