Do More With Reuters
Partner Services

UPDATE 1-EU's executive arm mulls more merger review powers

Thu Jun 18, 2009 11:19pm IST
 
Email | Print | | Single Page
[-] Text [+]

* Says two-thirds rule "merits further consideration"

* Might propose revised notification thresholds. (Adds more lawyer quotes)

BRUSSELS, June 18 (Reuters) - European Union antitrust regulators are looking to boost their powers to review mergers in the region but may run into resistance from some EU governments more interested in creating national champions. The European Commission and national competition authorities now divide jurisdiction over mergers and takeovers in the 27-country EU based on the size of the turnover of the companies involved.

However, under a so-called "two-thirds rule", national regulators and not the Commission review cases in which companies make more than two-thirds of their sales in that country.

Of the 126 cases that fell under this rule between 2001 and 2008, a number of mergers were cleared based on public interest factors rather than competition policy, giving rise to competition concerns, the Commission said in a report on Thursday. "Against this background, the present form of the two-third rule merits further consideration," the EU executive said.

Experts said Gas Natural's (GAS.MC: Quote, Profile, Research) failed takeover of Endesa (ELE.MC: Quote, Profile, Research) in 2007, which was reviewed by Spanish authorities and not the Commission because both companies made the bulk of their sales in Spain, underlined potential problems in the two-thirds rule. "The Commission may feel that it is the best placed authority to review certain mergers especially if it relates to the creation of national champions," said Catriona Hatton at law firm Hogan & Hartson.

The two-thirds rule has proven to be a thorny issue when it comes to mergers involving companies with a large national presence, said Jean-Francois Bellis at law firm Van Bael & Bellis.

"I can understand the Commission's concerns that some of these cases have cross-border implications and yet are not falling within the Commission's jurisdiction," he said.

The Commission could face a tough battle wresting powers from national regulators, Hatton said.  Continued...

India Investment Summit 2009
India Investment Summit 2009

Top executives and bankers discuss their own plans and the broader opportunities and challenges for India.  Full Coverage 

GLOBAL RECOVERY

A labourer works on a flyover bridge at a construction site in New Delhi October 14, 2009. REUTERS/Parth Sanyal/Files
Global economy in holding pattern - IMF

The global economy is in a holding pattern and vulnerable to more upheaval, the head of the IMF said, adding a lasting recovery will depend on policymakers taking the proper steps in the coming months.  Full Article 

Market Update

  • IndiaIndia
  • USUS
  • UKUK
  • Asia
  • Most Actives

BLOGS

Photo
Calculated Move

Reliance aims big with $12 bln bid for LyondellBasell.  Blog 

showcase

U.S. Recession
U.S. Recession

A trip through the epicenters of the American recession.  Full Coverage 

 
Central Banks Cautious
Central Banks Cautious

Reuters tracks the policies of the world's top central banks as the debate over global economic recovery rages on.   Full Coverage 

 
T P Raman
Column - RBI leads the world

Reserve Bank of India's approach ring-fenced the banking system.   Full Article 

 
Funding Blues
Funding Blues

A popular tactic used by Indian brokerages to raise money for rich clients is likely to be banned.  Full Article 

 
Not Enough Jobs
Not Enough Jobs

Venture capital creates jobs, but not enough.  Full Article 

 
Column - A Sweet Dream
Column - A Sweet Dream

There are good reasons for Ferrero to consider a combination with Cadbury.  Full Article