Focus Antitrust - 09 January 2019

In The News

CMA and other authorities express concerns re Siemens/Alstom merger

A joint letter from the CMA and other national competition authorities has been sent to the European Commission setting out concerns about the proposed merger of the mobility business of Siemens AG with Alstom SA. Click here.

European Commission invites comments on commitments offered by NBCUniversal, Sony Pictures, Warner Bros and Sky in pay TV investigation

The European Commission is seeking comments on commitments offered by NBCUniversal, Sony Pictures, Warner Bros, and Sky to address the Commission’s competition concerns relating to contractual clauses preventing the cross-border provision of pay TV services. Click here.

European Commission issues statement of objections in relation to bond trading cartel

The European Commission has informed four banks of its preliminary view that they colluded to distort competition in secondary market trading in the EEA of supra-sovereign, sovereign and agency bonds denominated in US Dollars. The Commission has concerns that at different periods between 2009 and 2015, the four banks exchanged commercially sensitive information and coordinated on prices concerning US dollar denominated bonds. Click here.

EU

Articles 101 and 102

• The ECJ has dismissed an appeal against the General Court judgment which upheld the European Commission decision that found that.
• The General Court has dismissed an appeal against the European Commission's decision.

Mergers

• The European Commission has agreed to the request submitted by France and Germany asking it to review Fincantieri's proposed acquisition of Chantiers de l'Atlantique. The Commission considers that the transaction could significantly harm competition in shipbuilding, in particular in the global cruise ship market. Click here.

UK

CMA

• Following a public consultation, the CMA has formally accepted commitments
• The CMA has cleared an agreement under which Aer Lingus has taken over scheduled passenger flights, previously operated by CityJet, on the London City Airport to Dublin route. Click here.
• The CMA is proposing to refer TopCashback’s purchase of Quidco for a detailed phase 2 merger investigation, unless the parties offer suitable undertakings in lieu of a reference. The CMA is concerned that the merger may lead to lower cashback rates for shoppers and higher prices for businesses using these sites. Click here.
• The CMA has referred the anticipated acquisition by Thermo Fisher Scientific Inc of the electron microscope peripherals business of Roper Technologies Inc (the Gatan business) for an in-depth phase 2 merger investigation. Click here.

Mergers

• The General Court has dismissed an appeal.

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