European Commission opens three proceedings against possible procedural infringements in merger control cases

On July 6, 2017, the Commission has opened two proceedings because of provision of incorrect or misleading information in merger control proceedings, i.e. against Merck (Merck/Sigma-Aldrich) and GE (GE/LM Wind).  The allegation is that the companies did not or disclose too late information that was important for the assessment of the merger or the remedies package, respectively.  At the same time, the Commission has opened proceedings against Canyon for possible gun jumping in the context of its acquisition of a Toshiba unit.  This concerns in particular the structure of “parking” the target with an interim third party prior to the merger clearance.  The parties in all three proceedings may face fines.  Silke Heinz is quoted on these proceedings in Global Competition Review, see here .