The European Commission recently reaffirmed that industrial policy objectives have no role to play when it comes to applying the EU merger control rules. Despite unusually intense industrial and political pressure to get the Siemens/Alstom railway merger done, Competition Commissioner Vestager has forcefully reiterated that the substantive test under the EU Merger Regulation remains exclusively competition based.
Bigger Is Better. . .Or Maybe Not: The Siemens/Alstom Railway Merger
By David Henry and Jacques Buhart on February 11, 2019
Posted In EC Developments, Mergers & Acquisitions
Tags: Chinese suppliers, dominant position, EEA, EU internal market, EU member states, EU merger control rules, EU Merger Regulation, EUMR, European Commission, European Economic Area, industrial policy, licensing agreements, national competition authorities, NCAs, political pressure, potential acquirers, rail assets, SIEC, significantly impede effective competition
David HenryDavid Henry is a practising UK barrister, whose practice focuses on European competition law, including merger control, cartels and abuse of dominance, and the interaction between antitrust and intellectual property. He represents companies and trade associations in the aluminium, air transport, car parts, chemicals, electronics, medical devices, pharmaceuticals, power generation, food retailing and financial services and payment systems sectors. He also advises clients in proceedings before the European courts and national competition authorities. David also has considerable experience in export control matters, dispute resolution and white-collar crime. Read David Henry's full bio.
Jacques BuhartJacques Buhart focuses his practice on cross-border mergers and acquisitions and EU/French competition investigations and litigation out of Brussels and Paris. Jacques has also developed substantial knowledge of various industries, including nuclear, telecommunications, pharmaceutical, paper and energy. He is head of the Firm's Paris and Brussels offices. Read Jacques Buhart's full bio.
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