Case T- 175/12 Deutsche Börse v Commission (merger prohibition) [Archived]
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Practice notesCase T- 175/12 Deutsche Börse v Commission (merger prohibition) [Archived]
Published by a LexisNexis Competition expert
Practice notesCASE HUB
ARCHIVED–this archived case hub reflects the position at the date of the judgment of 9 March 2015; it is no longer maintained.
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Case facts
Outline | Appeal to the General Court seeking annulment of the Commission decision of 1 February 2012 prohibiting the merger between Deutsche Börse and NYSE Euronext (Case COMP/M.6166—Deutsche Börse/NYSE Euronext). On 9 March 2015, the General Court issued its judgment dismissing the action in its entirety. This matter is notable insofar as it involves a Commission decision prohibiting a merger—a relatively rare occurrence and particularly interesting given the transaction was approved by the US authorities. It also underscores the difficulty in trying to defend (or save) otherwise problematic mergers on efficiency grounds. |
Parties | Applicant: Deutsche Börse AG (Deutsche Börse)Defendant: European Commission Deutsche Börse is a German-based company involved in all aspects of cash and derivatives markets. Deutsche Börse operates the Frankfurt Stock Exchange and also owns the majority of Eurex, the company that operates the Eurex Deutschland derivatives exchange. NYSE Euronext is a US-based company dual-listed in the US and France. |
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