The European Commission has informed Adobe of its preliminary view that its proposed acquisition of Figma may reduce competition in the global markets for the supply of interactive product design software and of other creative design software.
The Commission takes note of the judgment of the Court of Justice of the European Union upholding its 2018 decision, while slightly reducing the amount of the fine for the breach of the notification requirement.
In its 2018 decision, the Commission found that Altice breached both the notification requirement and the standstill obligation laid down in the EU Merger Regulation by implementing its acquisition of the Portuguese telecommunications operator PT Portugal prior to notification and approval by the Commission.
In its judgment, the Court fully upheld the Commission’s finding that certain provisions of the purchase agreement resulted in Altice acquiring the legal right to exercise decisive influence over PT Portugal and that the company actually exercised such influence in several instances, in breach of the EU Merger Regulation.
With regard to the calculation of the fine, the Commission will carefully study the judgment.
The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Thales' ground transportation business by Hitachi Rail. The approval is conditional on full compliance with commitments offered by Hitachi Rail.
The European Commission has unconditionally approved the proposed acquisition of Seagen by Pfizer, under the EU Merger Regulation. The Commission concluded that the transaction would not raise competition concerns in the European Economic Area.
The European Commission has adopted, under the EU Merger Regulation, restorative measures requiring Illumina to unwind its completed acquisition of GRAIL, following the Commission's decision to prohibit the transaction.
The latest Merger Brief issue focuses on sustainability related aspects in EU merger control and contains the following articles:
The European Commission has prohibited, under the EU Merger Regulation, the proposed acquisition of Flugo Group Holdings AB by Booking Holdings. The acquisition would have allowed Booking to strengthen its dominant position on the market for hotel online travel agencies (‘OTAs') in the European Economic Area. Booking did not offer remedies that were sufficient to address these concerns.
See also Remarks by Commissioner Reynders on the Commission decision, as well as COMP Flash - Prohibition of the proposed acquisition of eTraveli by Booking.
Today, September 1st, the package adopted on 20 April 2023 to further simplify procedures for reviewing concentrations under the EU Merger Regulation enters into force. The package includes: (i) a revised Implementing Regulation; (ii) a Notice on Simplified Procedure; and (iii) a Communication on the transmission of documents.
See also Competition Policy Brief on the Merger Simplification Package.
On 1 September 2023, the European Commission’s Merger Simplification Package will enter into force. It consists of a new Merger Implementing Regulation, Notice on Simplified Procedure, and Communication on the submission of documents.
The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, the proposed acquisition of Figma by Adobe. The Commission is concerned that the transaction may reduce competition in the global markets for the supply of interactive product design software and for digital asset creation tools.
The European Commission has decided to open a formal investigation to determine whether, when acquiring Lagardère, Vivendi breached the notification requirement and “standstill obligation” set out in the EU Merger Regulation, as well as the conditions and obligations attached to the Commission's decision to clear the Vivendi/Lagardère transaction.
Today’s judgment is the first time after the entry into force of the 2004 EU Merger Regulation that the Court of Justice of the EU rules on the legal test for the review of mergers that do not result in the creation or strengthening of a dominant position.
The Commission takes note of today’s judgment setting aside the General Court judgment of 2020, which annulled the Commission decision to prohibit Hutchison’s proposed acquisition of O2 UK in 2016.
In its judgment, the Court of Justice confirms the Commission's interpretation of the legal test for the finding of a significant impediment to effective competition in cases where the undertaking resulting from the merger would not acquire or strengthen a dominant position – so-called “gap cases”.
The Court also gives some important clarifications on the standard of proof the Commission has to meet when assessing a merger. It is of utmost importance for the Commission’s work to face the same standard of proof when clearing and when prohibiting a transaction. Moreover, the Court clarified the application of the Commission’s Horizontal Guidelines to review mergers, as well as the Commission’s approach to efficiencies brought by mergers.
The Court’s guidance on the interpretation of the EU Merger Regulation will be important for many other ongoing and future cases. The Commission will therefore carefully study today’s judgment.
The Commission will continue to actively engage in the continued proceedings before the General Court.
See also Curia's press release (in PDF format), as well as statement by EVP Margrethe Vestager.
The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of VMware by Broadcom. The approval is conditional upon full compliance with the commitments offered by Broadcom.
The European Commission has fined Illumina and GRAIL approximately €432 million and €1,000 respectively, for implementing their proposed merger before approval by the Commission, in breach of EU merger control rules.
The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, the proposed acquisition of iRobot by Amazon. The Commission is concerned that the transaction would allow Amazon to restrict competition in the market for robot vacuum cleaners and to strengthen its position as online marketplace provider.
The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of GfK by Advent. The approval is conditional upon full compliance with the commitments offered by Advent.
The European Commission has informed Orange and MasMovil of its preliminary view that their proposed joint venture may reduce competition in the retail supply of mobile and fixed internet services as well as of multiple-play bundles in Spain.
The Commission takes note of the judgment of the General Court. In its judgment, the General Court dismissed Polwax’s action for annulment against a 2020 Commission’s decision. In its decision, the Commission approved, under the EU Merger Regulation, the acquisition of Grupa Lotos by PKN Orlen, subject to conditions.
In its judgment, the General Court fully upheld the Commission’s assessment of the impact of the transaction on the slack wax and paraffin markets. It also confirmed that the Commission adequately stated the reasons underlying the assessment of the potential risk of input foreclosure with respect to these markets.
The European Commission has informed Booking Holdings (‘Booking') of its preliminary view that its proposed acquisition of Flugo Group Holdings AB (‘eTraveli') may allow Booking to strengthen its position on the market for hotel online travel agencies (‘OTAs') in the European Economic Area.
The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Lagardère by Vivendi. The Commission's decision is conditional upon full compliance with the commitments offered by Vivendi.
