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Focus Antitrust - 7 January 2015

7 January 2015

In The News

CMA refers Pork Farm’s acquisition of Kerry Foods for Phase 2 investigation

The CMA has referred Pork Farms Caspian Limited’s acquisition of Kerry Foods Limited’s chilled savoury pastry business for an in-depth Phase 2 merger investigation, given Pork Farm’s failure to offer undertakings in lieu to remedy the CMA’s competition concerns. The CMA considered that the merger could result in higher prices and/or reduced choice or quality for consumers. Click here.


Articles 101 and 102
  • Details of the appeal by Servier against a European Commission finding that Servier had breached Articles 101 and 102 TFEU have been published in the Official Journal. Servier considers that the Commission wrongly characterised settlement agreements between Servier and generic companies as an infringement of Article 101 TFEU by object and effect, and erred in assessing the market definition and finding Servier dominant. Click here.
  • For reasons of priority setting, the European Commission has rejected a complaint against the Union des Associations Européennes de Football (UEFA) that the provisions of UEFA’s Financial Fair Play Regulations breach Articles 101 and 102 TFEU. Click here.
  • The European Commission has sent a statement of objections to the Lithuanian railway incumbent, LG, due to an alleged breach of Article 102 TFEU. The European Commission considers that LG limited competition on the rail markets in Lithuania and Latvia by removing a railway track connecting the two countries. This could have prevented customers from using the services of other rail operators for the transport of freight between Lithuania and Latvia. Click here.



The CAT has quashed part of the CMA's private healthcare market investigation final report (and has remitted it back to the CMA to reconsider and reach a new decision), on the basis that there are errors in the Insured Price Analysis (IPA) upon which the CMA based its finding of an adverse effect on competition in relation to insured patients in central London. Click here.

  • The CMA has accepted undertakings in lieu of a Phase 2 reference from Immediate Media in respect of its acquisition of certain assets of Future Publishing Limited. To address the CMA’s competition concerns in respect of the publication of magazines in needlecraft and genealogy, a sector in which both parties are close competitors, Immediate Media has proposed to divest assets in the needlecraft and genealogy print magazine segments to Dennis Publishing Limited. Click here.
  • The CMA has directed Xchanging plc to appoint a monitoring trustee in respect of its completed acquisition of certain companies of Agencyport Software Group, pursuant to an initial enforcement order. The monitoring trustee will monitor Xchanging’s compliance with the order. Click here.
  • The CMA has made an initial enforcement order addressed to Canyon Holdings Sàrl and GTCR Canyon UK Investments Limited, in respect of GTCR’s completed acquisition of Discovery Group Holdings Limited (Gorkana). Click here.
  • The CMA has decided to refer the completed acquisition of 228 petrol stations and 226 fuel supply contracts from Murco Petroleum Limited by Motor Fuel Group Limited for a Phase 2 merger investigation, unless undertakings in lieu are offered. The CMA has concerns that the merger could result in higher petrol and diesel prices in the local area of Hythe, Kent. Click here.

This article was written by Paul Stone.  

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