The Commission published the text of its most recent prohibition decision in Deutsche Boerse / NYSE Euronext. The Decision is lengthy and the Commission appears to have formulated a response to most…
“In appropriate cases, DG Competition may discuss in advance with the addressees or other affected parties the scope and the format of the Data Request. DG Competition may also explain the analysis…
On 13 September, the Commission published its decision of 31 March 2011 in China National Bluestar/Elkem. After DSM/Sinochem/JV (decision of 10 May but published in June), this was the second…
The European Commission's Phase II decision of 17 November 2010 concerning Syngenta's acquisition of Monsanto's sunflower seeds business raises a number of questions.
First, it took the European…
The new U.S. Horizontal Merger Guidelines, issued in August 2010, introduce the so-called GUPPI test, the Gross Upward Pricing Pressure Index.
According to the U.S. Guidelines, "[a]dverse unilateral…
More than six years after the case was launched, the General Court rendered its judgment in Case T-279/04, Editions Odile Jacob Sas v. Commission, relating to the appeal against a 2004 decision of…
In two recent decisions, the Commission considered the impact of cooperation agreements that the notifying parties had entered into before the notified transaction and came to two different…
An increasing number of voices are claiming that the Commission's enforcement policy under the ECMR is becoming too lenient. At the end of last year, two Commission officials, Mr. Parplies and Mr…
In my last post, I focused on a procedural element of the Commission’s Microsoft/Yahoo! decision. The decision is also very interesting from a substantive point of view, and shows the Commission's…