International Competition Law

News

2009

10 June 2009 - EC Fines Electrobel 20 million for merging without obtaining approval
The EU Merger Regulation requires parties to notify the EC of proposed acquisitions meeting certain threshold requirements. Electrobel failed to notify the EC before acquiring control of Compagnie Nationale du Rhone. Competition Commissioner Neelie Kroes described this as a 'serious breach of the Merger Regulation' and noted that the decision would send a 'clear signal that the Commission will not tolerate breaches of this fundamental rule of the EU merger control system'. The EC was notified of the merger post-acquisition and cleared it in April 2008.The fine for failing to notify takes account both of the seriousness of the breach in circumstances where Electrobel ought to have known of its notification obligations and also the fact that the transaction did not in fact give rise to competition concerns and that it was subsequently notified by Electrobel. See EC Press Release.

5 June 2009 - ICN 8th Annual Conference ends
See ICN Press Release on Conference achievements, listed as including:

"New Recommended Practices for Merger Analysis on competitive effects;
Inter-agency dialogue of ideas on how to improve agency effectiveness;
Reports on unilateral conduct addressing tying and bundled discounting, and single product loyalty rebates;
A survey of ICN members’ approach to market studies and support for competition advocacy;
Updated chapters of the Anti-Cartel Enforcement Manual on Searches, Raids and Inspections, and Leniency."