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ARTICLE · 29 APRIL 2013

Overview of merger control activity during the last 12 months

Hogan Lovells Cadwalader
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During calendar year 2012, there were 283 cases notified to the European Commission's Directorate General for Competition under Council Regulation No 139/2004 on the control of concentrations between undertakings.

United StatesAntitrust/Competition Law

Numbers of notifications

During calendar year 2012, there were 283 cases notified to the European Commission's Directorate General for Competition ("DG Comp" or "the Commission") under Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings ("the Merger Regulation"). This is fewer than 2011 (309), more than 2010 (274) and 2009 (259), but substantially fewer than 2008 (347).

Of the cases notified in 2012, five were withdrawn, four in Phase I and one in Phase II (M.6362 Cin/ Tirrenia Business Branch). This is a substantial decrease on 2011 where 10 were withdrawn, nine in Phase I and one in Phase II.

Phase I clearances

In 2012, there were 254 Phase I clearance decisions. DG Comp issued: 170 simplified procedure clearances (all without commitments); 75 Phase I clearances without commitments under the normal procedure; and nine clearances under the normal procedure with commitments. This is a decrease on 2011, when there were

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