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Focus Antitrust - 18 February 2015

18 February 2015

In The News

European Commission opens Phase 2 investigation into Siemens/Dresser-Rand merger

The European Commission has opened an in-depth Phase 2 merger investigation into the proposed acquisition of Dresser-Rand by Siemens.  Both companies supply turbo compressors, as well as the engines which drive these compressors. The Commission has concerns that the proposed transaction may reduce competition for both of these components, as well as small steam turbines.

Court of Appeal upholds Ryanair/Aer Lingus Competition Commission report

The Court of Appeal has dismissed the appeal by Ryanair against a judgment of the Competition Appeal Tribunal, which upheld the Competition Commission's final report on the completed acquisition by Ryanair of a minority stake in Aer Lingus.  The Court of Appeal held that the CAT had been correct to find that the Competition Commission’s refusal to disclose certain evidence had not prejudiced Ryanair and that the Competition Commission had been entitled to conclude that only the divestiture order would suffice to prevent the substantial lessening of competition identified.


Articles 101 and 102
  • The Advocate General's opinion has been issued in Deutsche Bahn’s appeal against unannounced inspections by the European Commission.  The AG held that the General Court had erred in upholding the Commission’s first inspection to the extent that the Commission staff were expressly or implicitly solicited to look out for documents falling outside the scope of the first inspection decision.  Click here.
  • The European Commission has rejected a complaint by Protégé International Limited alleging a breach of Article 101 of the TFEU in connection with a refusal to supply Irish whiskey. The complainant alleged that three Irish whiskey producers had agreed not to supply it with whiskey, in order to exclude it from the market.  The Commission concluded that there were insufficient grounds to conduct any further investigation into this matter.  Click here


Competition Appeal Tribunal
  • The CAT has granted HCA permission to appeal against its refusal to direct that the remitted issues in the private healthcare market investigation should be considered by a new CMA inquiry group and case team.  Click here.
Competition and Markets Authority

The CMA has accepted final undertakings from Motor Fuel Limited to sell the Murco petrol station in the Hythe area in Kent.  The CMA is satisfied that these undertakings remedy the competition concerns it had identified as a result of Motor Fuel Limited’s completed acquisition of 228 petrol stations and other assets from Murco Petroleum Limited.  Click here.