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.
The Intel saga – implications for the implementation of the As Efficient Competitor Test in rebate cases
After the Court of Justice for the European Union (CJEU) Intel Judgment, one critical open question was how demanding the Court will be in the judicial review...