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Focus Antitrust - 14 May 2014

In the News

ECJ dismisses appeal against re-adoption of cartel decision

The ECJ has dismissed Bolloré’s appeal against the General Court’s judgment that upheld the European Commission's re-adoption of its decision in the carbonless paper cartel case.

In particular, the ECJ did not find any breach of Bolloré's rights of defence arising from the elapse of time between the infringement and the second statement of objections prior to the re-adopted decision.

The original decision had previously been annulled by the ECJ because of defects in the original statement of objections.

European Commission approves PVC joint venture between INEOS and Solvay, subject to conditions

Following a Phase II merger investigation, the European Commission has cleared the proposed combination of the European chlorovinyls businesses of INEOS AG of Switzerland and Solvay S.A. of Belgium into a newly created joint venture.

The Commission had concerns that the transaction, as originally notified, would have enabled the merged entity to raise prices for S-PVC in North West Europe and for sodium hypochlorite in the Benelux, since it combined the two largest suppliers in these markets.

The approval is therefore conditional upon the divestiture of certain of INEOS' S-PVC plants and related assets, in order to create a self-standing business capable of competing with the new joint venture.



The European Commission has opened a Phase II investigation into the proposed acquisition of Dutch cable operator Ziggo by Liberty Global. Liberty Global (through its subsidiary UPC) and Ziggo each own a cable network in the Netherlands through which they provide various retail pay TV and 

telecommunications services. The Commission is concerned that the proposed acquisition might raise competition issues in the Dutch markets for the acquisition of individual Dutch language audio visual content, the acquisition of TV channels, the wholesale supply of premium pay TV film channels, and the retail provision of fixed internet access, TV and fixed telephony services.



Competition and Markets Authority
  • As part of its ongoing investigation into the completed acquisition by Alliance Medical Group Limited of certain assets of IBA Molecular UK Limited, the CMA has now required the appointment of a monitoring trustee and a hold separate manager for the acquired business, pending the conclusion of the investigation.
  • The CMA has published for consultation draft guidance on the review of NHS mergers. 


This article was written by Paul Stone.  

For more information please contact Paul on +44 (0)20 7203 5110 or paul.stone@crsblaw.com