Focus Antitrust - 17 May 2017

In The News

European Commission publishes final report on e-commerce sector inquiry

The European Commission has published its final report on the e-commerce sector inquiry. The Commission states that the report identifies business practices that may restrict competition and will allow the Commission to target its enforcement of EU antitrust rules in e-commerce markets. Click here.

CMA proposes to refer Just Eat's acquisition of Hungryhouse

The CMA has decided that Just Eat's acquisition of Hungryhouse will be referred for an in-depth phase 2 merger investigation unless suitable undertakings are offered. The CMA is concerned that the loss of competition resulting from the merger may result in worse terms for restaurants using either of the 2 companies' online takeaway ordering services. Click here.

CMA proposes to refer Euro Car Parts' acquisition of Andrew Page

The CMA has decided that Euro Car Parts' acquisition of Andrew Page will be referred for an in-depth phase 2 merger investigation unless suitable undertakings are offered. Both companies supply car parts to independent garages across the UK and the CMA is concerned that the merger could significantly reduce competition in a number of local areas, as well as for some large customers which purchase car parts on a national basis. Click here.

EU

Articles 101 and 102

• The European Commission has opened a formal abuse of dominance investigation into concerns that Aspen Pharma has engaged in excessive pricing concerning five cancer medicines. Click here.

Mergers

• The European Commission has cleared the proposed acquisition of networking products supplier Brocade by semiconductor manufacturer Broadcom, subject to conditions on interoperability and protection of competitors' confidential information. Click here.
• The European Commission has approved the merger between chemical producers Reichhold and Polynt. Both produce unsaturated polyester resins, used to make reinforced plastics. The decision is conditional on divestment of Reichhold's Etain plant in France. Click here.

UK

CMA

• The CMA has decided that anticipated acquisition by Capita plc (parent company of PageOne Communications Ltd) of the UK one-way wide-area paging services business of Vodafone Ltd will be referred for an in-depth phase 2 merger investigation unless suitable undertakings are offered. Click here.
• The CMA has referred the Cardtronics/DCP merger for a phase 2 investigation, as Cardtronics has not offered undertakings following the CMA identifying competition concerns. Click here.

Other

• The Secretary of State has accepted undertakings in relation to the proposed acquisition by Hytera Communications Corporation Limited of Sepura plc to address national security concerns. Click here.

This article was written by Paul Stone.

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