EC To Pay For Botched Merger Review

Law360 (August 31, 2007, 12:00 AM EDT) -- On July 11, 2007, the European Court of First Instance (CFI) ruled that the European Commission must compensate a party to a business combination for certain losses resulting from the Commission’s procedural errors when it blocked a merger between two French electric companies in 2001.

This is the first time the CFI has awarded damages arising from a Commission merger decision.

The Commission will now be even more circumspect when investigating deals that are serious candidates for a veto.

Indeed, merging parties may expect greater Commission...
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