Thursday, April 4, 2013
Posted by D. Daniel Sokol
Gotz Drauz, Paul McGeown and Benjamin Record (all Wilson Sonsini) describe Recent Developments in EU Merger Control.
ABSTRACT: During the period examined, the Commission declined to apply the efficiency defence in a case where, as a result, the deal was prohibited (Deusche Borse). Originating from the US, the "Gross Upward Pricing Pressure Index" analysis (GUPPI) was conducted for the first time and commitments were requested from the parties to secure approval (H3G Austrian telecoms case). In several technology cases, deals were cleared without commitments after a detailed analysis of the merging parties’ ability and incentives to pursue a profitable. foreclosure strategy The legislative battle ground in 2013 is likely to be the possible extension.