Focus Antitrust - 5 December 2018

In The News

CMA proposing to refer funerals market for market investigation 

The CMA is proposing to refer the funerals market for a market investigation.  The CMA is concerned about the rise in the prices charged for funerals – both for funeral director services and crematoria services. The CMA considers that the scale of the price rises does not currently appear to be justified by cost increases or quality improvements.  Click here.  

European Commission clears four to three merger in Dutch mobile sector 

The European Commission has cleared a four to three merger in the Dutch mobile sector.  The European Commission concluded that the proposed acquisition of Tele2 NL by T-Mobile NL would not raise competition concerns.  The proposed transaction would combine the third and fourth largest operators in the Dutch retail mobile telecommunications market, although the merged entity would remain the third largest player on the Dutch market after KPN and VodafoneZiggo.  Click here.

European Commission seeks feedback on commitments offered by Visa and Mastercard on inter-regional interchange fees 

The European Commission is inviting comments from interested parties on commitments offered separately by Visa and Mastercard to address the Commission’s competition concerns relating to inter-regional interchange fees for payment card transactions.  Click here.

EU

Articles 101 and 102

• Advocate General Wahl has issued an opinion on the application of the "ne bis in idem" (double jeopardy) principle in a competition investigation involving a breach of national competition law and Article 101.  He considered that the principle does not apply in these circumstances.  Click here.

Mergers

• The European Commission has approved the acquisition of Fibria by Suzano, both active in the production and supply of wood pulp from eucalyptus trees, subject to conditions.  Click here.
• The European Commission has opened an in-depth Phase 2 investigation to assess the proposed acquisition of VDM by Aperam.  At this stage, the Commission is concerned that the merger may reduce competition in the supply of nickel alloys.  Click here.
• The European Commission has opened an in-depth phase 2 investigation to assess Nidec's proposed acquisition of Embraco, the compressor business of Whirlpool. The Commission is concerned the takeover may reduce competition in the supply of refrigeration compressors. Click here.
• The European Commission has sent a Supplementary Statement of Objections to Canon in relation to the possible early implementation of its acquisition of Toshiba Medical Systems Corporation before notification to and approval by the Commission, in breach of the EU Merger Regulation. Click here.

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