Legal Alerts / 4 May 2015

Competition Review – May 2015

We publish the latest EU competition news on a regular basis. We hope that you enjoy our most recent content, and please feel free to share it with your network!

Antitrust

Commission opens formal investigation against Google in relation to Android mobile operating system

Merger Control

Commission approves acquisition of orthopaedic implants producer Biomet by Zimmer after Zimmer agrees to divest three relevant businesses

State Aid

Commission orders Romania to recover incompatible state aid which was granted after an arbitration tribunal ordered Romania to compensate investors based on an abolished investment treaty

Public Procurement

ECJ gave a preliminary ruling on a reference from a Romanian court on the use of references to branded products in the technical specifications of a tender

Commission launches consultation to evaluate the effectiveness of the provisions of the Remedies Directive in the field of public procurement by inviting responses to an online questionnaire

News from Finland

Finnish Competition and Consumer Authority gives conditional acceptance of acquisition of Anvia by Elisa after Elisa undertakes to sell contracting parties’ overlapping broadband service agreements

Borenius advised the leading Finnish telecom operator Elisa in relation to a second phase merger
We represented Elisa Oyj in its acquisition of Anvia Oyj. Elisa, the leading Finnish telecom operator, acquired a 26,8% share in local telecom operator Anvia. Elisa’s minority shareholding was deemed to confer de facto control due to Anvia’s widely dispersed ownership structure with more than 40,000 owners and its previous participation in Elisa’s shareholders’ meetings. Following a second phase investigation, however, Elisa’s shareholding was approved with commitments by the Finnish Competition and Consumer Authority.

Borenius advised a parcel service provider in an appeal case against the national regulator
We successfully advised and represented Oy Matkahuolto Ab against the Finnish Communications Regulatory Authority (FICORA) regarding a universal service obligation issued on the national postal incumbent in the postal parcel market. Helsinki Administrative Court overturned FICORA’s decision stating that the authority had failed to perform an adequate competition analysis of the parcel market. Furthermore, the Supreme Administrative Court previously ruled on the same case, justifying Matkahuolto’s right to appeal.

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