The European Commission has unconditionally cleared the acquisition of the homecare business of Air Products in Belgium, France, Germany, Portugal, and Spain by Linde following a Phase I investigation. Both parties provide oxygen and other therapies to patients in their homes. Despite significant market shares in some countries, the Commission concluded after reviewing detailed tender data and analysis that sufficient competition would remain post-merger. The Commission also concluded that the transaction would not lead to input foreclosure for the wholesale supply of medical oxygen to other oxygen therapy providers.
Economic analysis in competition law: An overview of EU and national case law
Competition authorities and courts are moving away from formalistic legal approaches toward more effects-based assessments, where decisions focus on how...