Neodyum Miknatis
amateur porn
implant
olabahis
Casino Siteleri
Kayseri escort
canli poker siteleri kolaybet meritslot
escort antalya
istanbul escort
sirinevler escort
antalya eskort bayan
brazzers
Short Reads

District Court Rotterdam upheld the ACM's clearance decision in telecoms merger KPN/Reggefiber

District Court Rotterdam upheld the ACM's clearance decision in telecoms merger KPN/Reggefiber

District Court Rotterdam upheld the ACM's clearance decision in telecoms merger KPN/Reggefiber

02.06.2016 NL law

On 12 May 2016, the District Court of Rotterdam ("District Court") upheld the ACM's decision to allow incumbent KPN B.V. ("KPN") to acquire sole control over Reggefiber Groep B.V. ("Reggefiber") without imposing conditions. The appeal was lodged by Vodafone Libertel B.V. ("Vodafone"), one  of Reggefiber's downstream customers of unbundled access to its fixed fiber-optics network.

In essence, the District Court upheld the ACM's conclusion that regulatory obligations imposed on KPN by the national telecommunications regulator would restrict its ability to significantly impede competition, despite acquiring a market share of "close to 100%".

This case has its roots in an earlier decision adopted by the ACM in 2008, following which KPN and Reggeborgh acquired joint control over Reggefiber, subject to strict remedies. Coinciding with the ACM's 2008 decision, the Dutch telecommunications regulator imposed similar conditions on the joint venture because of KPN's pre-existing position as an undertaking with significant market power ("SMP conditions").

In the case at hand, KPN intended to purchase Reggeborgh's remaining shares in Reggefiber. The ACM cleared the acquisition. This time, however, it did not impose any remedies. Vodafone appealed this decision by arguing, amongst other things, that the ACM had erroneously concluded that SMP conditions can sufficiently remedy the structural competition concerns likely to arise following the concentration.

The District Court rejected this line of argument, upholding the ACM's decision insofar as it found that (existing) SMP conditions imposed on KPN would render it unable to significantly impede competition. The District Court also concluded it was sufficient that the ACM could (and would if necessary) impose an unbundling requirement "should regulation prove to be inadequate".

A noteworthy aspect of the judgment is that the District Court agreed with the ACM's conclusion that the remedies imposed in 2008 would become "devoid of purpose" as a result of KPN's acquisition of sole control, since the original concentration "ceased to exist". According to the District Court, the only manner in which these remedies could have remained binding on KPN would be to explicitly re-impose them in any subsequent concentration.

In summary, the two key takeaways from this fact-specific case are: (i) existing merger control remedies are rendered "devoid of purpose" following subsequent concentrations, and (ii) regulatory obligations can play a significant role in the ACM's assessment of concentrations.

This article was published in the Competition Law Newsletter of June 2016. Other articles in this newsletter:

  1. General Court rejects Trioplast's action for annulment of a Commission notice to pay interest
  2. Commission blocked Hutchison's proposed acquisition of Telefónica UK
  3. General Court confirmed that German law on renewable energy amounts to State aid
  4. European Commission publishes guidance on the notion of State aid
  5. Rotterdam District Court considered "franchise agreements" in breach of competition law in launderette cartel case
  6. UK High Court held that territorial limits apply to EU cartel damages claims

Team

Related news

11.11.2020 EU law
Innovatie en staatssteun. Het CBb leidt de weg bij de belangrijke definities industrieel onderzoek en experimentele ontwikkeling

Short Reads - Het College van Beroep voor het bedrijfsleven (“CBb”) heeft op 6 oktober 2020 in een subsidiegeschil nadere invulling gegeven aan het onderscheid tussen “industrieel onderzoek” en “experimentele ontwikkeling”. Dit onderscheid staat centraal in nationale subsidieregelingen en Europese staatssteunregels die overheidsinvesteringen in onderzoek, ontwikkeling en innovatie (“O&O&I”) mogelijk moeten maken.

Read more

05.11.2020 NL law
General Court confirms: no proof, no dawn raid

Short Reads - The Commission should think twice before conducting a dawn raid. The General Court partially annulled three Commission decisions ordering dawn raids at the premises of French supermarkets for a lack of sufficiently strong evidence with regard to one of the suspected anticompetitive practices. In addition, the General Court clarified that interviews held with suppliers prior to the issuing of a dawn raid decision can be used as evidence, even when these interviews have not been recorded.

Read more

05.11.2020 NL law
Belgian prohibition on abuse of economic dependence comes into force and new fining guidelines

Short Reads - In 2019, Belgium introduced legislation banning abuse in relationships between companies where there is no dominant position, but rather a position of economic dependence. The act entered into force on 22 August 2020. This category of restrictive practice applies alongside the existing prohibitions on cartels and abuse of a dominant position. It opens up new opportunities but also new threats for companies that are not in a dominant position.

Read more

05.11.2020 NL law
This article has FIVE stars! New Dutch consumer rules to curb fake reviews

Short Reads - Consumers often rely on online reviews to decide what bike to buy, where to eat or what article to read. But what if those reviews are fake? New Dutch rules were announced on 23 October 2020 seeking to ensure a higher level of consumer protection online. These rules mean more obligations for online traders, and potentially high fines if they get it wrong. For example, traders should implement procedures to ensure that published reviews originate from consumers who have genuinely used the product.

Read more

05.11.2020 NL law
Jurisdictional hide & seek: merger thresholds and buyer joint ventures

Short Reads - Companies beware: the turnover of a joint venture buying a target is not necessarily decisive for determining whether the EU merger thresholds are met. The General Court fully upheld the Commission’s 2017 decision prohibiting the joint acquisition of Cemex’s Hungarian and Croatian subsidiaries by cement companies HeidelbergCement and Schwen Zement through their full-function joint venture (JV).

Read more