Topic: Failing firm

Indian court orders enforcer to reissue tyre cartel decision

India’s specialist antitrust tribunal has ordered the country's competition watchdog to reduce the €208 million price-fixing fines it levied against five tyre companies, due to “inadvertent and arithmetical” calculation errors and to save the wider market.

06 December 2022

Failing firm defence comes down to takeover strategy, French mergers head says

The head of the French antitrust enforcer's mergers unit has said companies should not be scared of invoking the failing firm defence during merger reviews, but warned that internal documents and the manner of takeover are key to gaining approval.

02 December 2022

Avianca invokes failing firm defence in "urgent" purchase of rival

Colombia’s largest airline is seeking expedited approval from the national aviation authority to complete its proposed acquisition of low-cost carrier Viva Air, claiming the latter’s “delicate financial situation” requires urgent integration.

15 August 2022

An interview with Benoît Cœuré

Lawmakers confirmed Benoît Cœuré as the new head of France’s Competition Authority in January, following the sudden and unexpected departure of his predecessor, Isabelle de Silva. In an interview with GCR, Cœuré spoke about accusations of political interference, the need to build bridges with sector regulators and the importance of merger control in preventing excessive market power in digital markets.

24 June 2022

ACCC issues rare clearance for merger involving a failing firm

Australia’s competition watchdog has cleared a merger between two book printing rivals after concluding that the target company would otherwise go out of business and its printing capacity would likely exit the market.

15 June 2022

France applies failing firm defence for first time

France’s Competition Authority has unconditionally cleared furniture retailer Mobilux’s acquisition of rival Conforama, after applying the failing firm defence to a merger review for the first time.

28 April 2022

Spanish airlines to abandon deal amid EU and UK scrutiny

Iberia is set to scrap its plans to take over rival airline Air Europa, after competition enforcers in the UK and EU both opened probes into the deal over concerns it could significantly reduce competition.

15 December 2021

EU was right to clear Air Berlin asset sales, General Court rules

The EU General Court has confirmed the European Commission’s decision to approve the acquisition of landing slots from Air Berlin by easyJet and Lufthansa, rejecting two appeals by a Polish airline that accused the enforcer of incorrectly defining the appropriate market.

20 October 2021

French enforcer considers failing firm defence in furniture retail deal

France’s Competition Authority has opened an in-depth review into Mobilux Group’s acquisition of struggling furniture retailer Conforama France, although local lawyers believe it will be difficult for the companies to convince the authority to accept their failing firm defence.

16 September 2021

Malaysia set to accept failing firm defence in first-ever merger notification

Malaysia’s aviation regulator has proposed clearing Korean Air’s acquisition of Asiana Airlines after finding that the target should be considered a failing firm under the agency’s merger guidelines.

18 August 2021

Unlock unlimited access to all Global Competition Review content