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09 October 2019

Focus Antitrust - 9 October 2019

In The News

CMA issues statement of objections to Fender for resale price maintenance

The CMA has issued a statement of objections to Fender, provisionally finding that the guitar company restricted online discounting by its retailers. Click here.

CMA issues statement of objections and accepts commitments in Aspen fludrocortisone case

The CMA has issued a statement of objections and accepted commitments in the Aspen fludrocortisone case. The statement of objections sets out the CMA’s provisional view that, in 2016, Aspen agreed to pay two other firms, Amilco and Tiofarma, to stay out of the UK market for fludrocortisone acetate tablets. The commitments relate to Aspen’s 2016 purchase of a competitor fludrocortisone product from Tiofarma authorised for supply in the UK. This acquisition brought all existing fludrocortisone marketing authorisations in the UK permanently under Aspen’s ownership. The commitments include Aspen offering to pay the NHS £8 million, as well as ensuring that, in the future, there will be at least two suppliers of fludrocortisone in the UK. Click here.

CMA requires divestment in Ecolab/Holchem merger

The CMA has issued its final report on the Ecolab/Holchem merger, concluding that divestment of Holchem would be the only way to remedy concerns in the supply of cleaning chemicals to food and drink manufacturers in the UK. Click here.

EU

Mergers

• The European Commission has opened an in-depth phase 2 investigation to assess the proposed creation of two joint ventures by aircraft manufacturers Boeing and Embraer. The Commission is concerned that the transaction may reduce competition as regards commercial aircraft. Click here.

UK

CMA

• The CMA is proposing to refer for a detailed phase 2 investigation the completed acquisition by Bottomline Technologies (de), Inc of Experian Limited’s Experian Payments Gateway business and related assets, unless the parties offer suitable undertakings. Click here.

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