• M.7859 – OMV AKTIENGESELLSCHAFT/ECONGAS GMBH (2 May 2016)
• M.7979 – GILDE/ROYAL REESINK (2 May 2016)

Commission approves extension of guarantee ceiling in HSH Nordbank State aid case. On 2 May 2016, the Commission announced that it has found the EUR 3 billion re-increase of the guarantee ceiling, granted in June 2013 by the German Länder of Hamburg and Schleswig Holstein to stabilise the German bank, HSH Nordbank, is in line with EU State aid rules. The Commission’s approval was based on commitments by Germany to split HSH Nordbank into a holding company and operating subsidiary, and to proceed with a sale of the operating company on an open, transparent, and non-discriminatory tender basis, without additional State aid. The Commission assessed the measure under the State aid rules applicable at the time of notification of the aid measure in May 2013, i.e., before the 2013 Banking Communication entered into force in August 2013 and concluded, on that basis, that the re-increase of the guarantee did not constitute new State aid.

CMA adverse provisional findings in Iron Mountain/Recall merger. On 4 May 2016, the CMA announced its provisional findings in its Phase II investigation into the acquisition by Iron Mountain, Inc. of Recall Holdings Limited. The CMA has provisionally concluded that, in most areas of the UK where both companies are active, there will be sufficient alternative suppliers to preserve competition and ensure that the merged company will be prevented from raising prices or otherwise reducing the level of service to customers. However, the CMA has provisionally concluded that the acquisition may be expected to result in a substantial lessening of competition (SLC) in the supply of record management services in the Aberdeen and Dundee areas; the supply of off-site data protection services in the Aberdeen and Dundee areas; and the supply of specialist records and information management services to customers operating in the oil and gas sector in the Aberdeen area. The CMA also has published a notice of possible remedies. The CMA invites views on the proposed remedies by 18 May 2016, along with comments on its provisional findings by 25 May 2016.

CMA guidance on competition law redress. On 3 May 2016, the CMA published a guidance document, entitled: “Competition law redress – A guide to taking action for breaches of competition law”. According to the CMA, the document is intended to provide an outline for individuals and businesses of their rights to bring private actions for competition law redress for breaches of competition law, following reforms introduced by the Consumer Rights Act 2015, and the EU Damages Directive.

EU Merger Working Group reports on merger information requirements in EU Member States. The EU Merger Working Group (MWG) has recently published a report providing a comparative overview of the state of play of information requirements for merger notifications in each EU Member State and Norway. The report provides an overview on the information required to complete the initial notification documents in each MWG country, along with some context concerning the review procedure undertaken in each country.