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Commission opens in-depth investigation into proposed acquisition of stake in ITA Airways by Lufthansa
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The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, the proposed acquisition of joint control of ITA Airways (‘ITA‘) by Deutsche Lufthansa AG (‘Lufthansa”’) and the Italian Ministry of Economy and Finance (‘MEF‘). The Commission has preliminary concerns that the transaction may reduce competition in the market for passenger air transport services on several short-haul and long-haul routes in and out of Italy.
Lufthansa and ITA operate an extensive network of domestic routes, short-haul routes within the European Economic Area (‘EEA’) as well as long-haul routes between the EEA and the rest of the world. Lufthansa also has a joint venture with United Airlines and Air Canada, through which they coordinate on price, capacity and scheduling and share revenues on transatlantic routes.
The Commission’s preliminary concerns
The preliminary investigation indicates that the transaction may reduce competition in the market for passenger air transport services on several short-haul and long-haul routes. Lufthansa and ITA are strong and close competitorsin the provision of passenger air transport services on certain routes to and from Italy.
In particular, the Commission found that:
- The transaction may reduce competition on short-haul routes connecting Italy with countries in Central Europe. On certain such routes, Lufthansa and ITA compete head-to-head with non-stop connections with only limited competition, primarily from low-cost carriers, such as Ryanair, who in many cases operate from more remote airports. Moreover, the Commission will also examine routes where one of the parties is already offering services and the other is expected to enter soon, and those where one or both of the parties has a convenient one-stop connection and where non-stop connections are limited or only offered by the other party.
- In relation to long-haul routes between Italy and North America, the Commission will assess further whether the activities of ITA, Lufthansa and its joint venture partners United Airlines and Air Canada should be treated as those of a single entity after the merger.
- The transaction could reduce competition on certain several long-haul routes between Italy and the US, Canada, Japan and India, due to close competition between ITA, Lufthansa or Lufthansa’s joint venture partners – through non-stop or convenient one-stop connections and convenient airport locations – and due to potentially limited competition from other airlines with attractive connections.
- The transaction could create or strengthen ITA’s dominant position at the airport Milan-Linate, which could make it harder for rivals to provide passenger air transport services from and to Milan-Linate.
- The Commission will also examine possible negative effects on routes on which other airlines rely on access to ITA’s domestic and short-haul network for their own operations, which could affect their services to international destinations also served by Lufthansa.
The transaction was notified to the Commission on 30 November 2023. On 8 January 2024, Lufthansa submitted commitments to address some of the Commission’s preliminary concerns. However, these commitments were insufficient, in terms of both scope and effectiveness, to clearly dismiss the Commission’s preliminary concerns. The Commission therefore did not test them with market participants.
The Commission now has 90 working days, until 6 June 2024, to take a decision. The opening of an in-depth investigation does not prejudge the outcome of the investigation.
Companies and products
ITA, headquartered in Italy, is a full-service carrier with domestic and international operations in passenger and cargo air transport. ITA operates a hub-and-spoke network with its principal hubs in Rome and Milan. ITA was created by the Italian State in October 2020. ITA is a member of the SkyTeam alliance.
Lufthansa, headquartered in Germany, is a global full-service carrier with domestic and international operations in passenger and cargo air transport. Lufthansa also operates a hub-and-spoke network with its principal hubs in Frankfurt, Munich, Zurich, Vienna and Brussels. Its subsidiaries include Austrian Airlines, Brussels Airlines, Eurowings, Swiss International Airlines and Air Dolomiti. Lufthansa is a member of the Star Alliance and of a transatlantic joint venture with United Airlines and Air Canada.
MEF carries out the tasks and responsibilities of the Italian government in the fields of economic policy, financial policy, budgeting, and tax policies. MEF holds shareholdings in public and strategic companies in Italy, among others in the transport sector, and it is currently the sole shareholder in ITA. The companies in which MEF has shareholdings are active worldwide.
Merger control and procedure
The Commission has the duty to assess mergers and acquisitions involving companies with a turnover above certain thresholds (see Article 1 of the Merger Regulation) and to prevent concentrations that would significantly impede effective competition in the EEA or any substantial part of it.
The vast majority of notified mergers do not pose competition problems and are cleared after a routine review. From the moment a transaction is notified, the Commission generally has 25 working days to decide whether to grant approval (Phase I) or to start an in-depth investigation (Phase II).
In addition to this proposed transaction, there are currently 3 on-going Phase II merger investigations: (i) the proposed creation of a joint venture between Orange and MasMovil; (ii) the proposed acquisition of Asiana by Korean Air; and (iii) the proposed acquisition of iRobot by Amazon.
More information will be available on the Commission’s competition website, in the Commission’s public case register under the case number M.11071.
Quote(s)
By opening the in-depth investigation, we want to further assess the transaction and ensure that the acquisition of ITA does not reduce competition in short-haul and long-haul traffic and that it will not lead to higher prices, less capacity or lower quality for passenger air transport services in and out of Italy.
Margrethe Vestager, Executive Vice-President in charge of competition policy
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ITA Airways by Lufthansa
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Fonte: Comissão Europeia
Urbaser notifica a aquisição do controlo exclusivo sobre o Grupo Carmona.
(publicado Aviso no Público e no Jornal de Negócios, de 23 de janeiro de 2024)
Ficha do processo
Fonte: AdC – Portugal
Transparency data
CMA board meeting minutes: December 2023
The minutes of the CMA board meeting on 12 December 2023.From:Competition and Markets AuthorityPublished24 January 2024Get emails about this page
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CMA board meeting minutes: 12 December 2023
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The members of the Competition and Markets Authority (CMA) Board are set out in our ‘Our management’ pages.
Published 24 January 2024
Referral of the proposed subsidy for Eden Project Morecambe by Lancaster City Council
The Subsidy Advice Unit (SAU) has accepted a request for a report from Lancaster City Council (LCC) concerning a proposed subsidy for Eden Project Morecambe.From:Competition and Markets AuthorityPublished8 December 2023Last updated24 January 2024 — See all updatesCase type:SAU referralCase state:ClosedMarket sector:Recreation and leisureOpened:8 December 2023
Contents
- Administrative timetable
- Final report
- Request from Lancaster City Council
- Information about the subsidy provided by Lancaster City Council
- Information for third parties
- Contacts
Administrative timetable
| Date | Action |
|---|---|
| 24 January 2024 | Final report published |
| 21 December 2024 | Deadline for receipt of any third-party submissions (submissions after 5pm on this date cannot be taken into account) |
| 8 December 2023 | Beginning of reporting period |
Final report
24 January 2024: The SAU has published its report providing advice to Lancaster City Council (LCC) concerning Eden Project Morecambe. The report includes the SAU’s evaluation of LCC’s Assessment of Compliance of its proposed scheme with the requirements set out in the Subsidy Control Act 2022.
- Final report (PDF, 229KB) (24.1.24)
Request from Lancaster City Council
8 December 2023: The SAU has accepted a request for a report from LCC concerning a proposed subsidy for Eden Project Morecambe. This request relates to a Subsidy of Particular Interest.
The SAU will prepare a report, which will provide an evaluation of LCC’s assessment of whether the subsidy complies with the subsidy control requirements (Assessment of Compliance). The SAU will complete its report within 30 working days.
Information about the subsidy provided by Lancaster City Council
LCC is proposing to award a subsidy to support the construction of Eden Project Morecambe (EPM), a new transformational visitor attraction in the North of England. The subsidy will enable the regeneration of a derelict site on Morecambe’s seafront, formerly the Morecambe Super Swimming Stadium, into a new nationally significant cultural and tourism destination featuring spectacular inter-connecting gardens and shell-like pavilions curated with horticulture, art, and exhibits.
The subsidy is designed to address significant deprivation issues in Morecambe, which like many other seaside towns has faced considerable socio-economic challenges over recent decades. Anticipated benefits of the subsidy award include directly creating 274 jobs, and indirectly creating a further 1,083 jobs in the wider economy through visitor expenditure. EPM provides a once-in-a-generation opportunity to address this decline and deliver permanent change.
The subsidy will be by way of a grant to a special purpose vehicle owned by Eden Project International (EPI). The Eden Trust (parent company) operates as a social enterprise and educational charity with a mission to connect people with the natural world, with a particular focus on wonder, entertainment, and health and wellbeing. The project will also enable collaboration between Eden and Lancaster University resulting in 100 research and development projects with local and regional businesses.
The overall cost of this initial phase of development is estimated to be £100.9 million. LCC intend to award a grant of £50.9 million to EPI. This includes £50 million which LCC have provisionally secured through the Government’s Levelling Up Fund which is administered by the Department for Levelling Up, Housing, and Communities and £900,000 related to the value of the land for the project being sold by LCC at a peppercorn to EPI. The remaining funding will be obtained from a mix of private sources including debt and philanthropy. The project costs include significant construction expenditure and allowance for fit-out.
The subsidy award will be governed by a Grant Funding Agreement (GFA) between LCC and EPI. The GFA will be prescriptive about the use of the subsidy, and the achievement of outputs and outcomes presented in the business case will be closely monitored during delivery. The GFA will include appropriate clawback provisions so that key assumptions underpinning the value of the subsidy award can be reviewed after a successful period of operation.
The land transfer and the award of Levelling Up Fund will be spent by 31st March 2026.
Information for third parties
If you wish to comment on matters relevant to the SAU’s evaluation of the Assessment of Compliance concerning LCC’s proposed subsidy for Eden Project Morecambe, please send your comments before 5pm on the date stipulated in the timetable above. For guidance on representations relevant to the Assessment of Compliance, see the section on reporting period and transparency in the Operation of the subsidy control functions of the Subsidy Advice Unit.
Please send your submissions to us at SAU-EdenNorth2023@cma.gov.uk copying the public authority at jnoad@lancaster.gov.uk.
Please also provide a contact address and explain in what capacity you are making the submission (for example, as an individual or a representative of a business or organisation).
Notes to third parties wishing to make a submission
- the SAU will only take your submission into account if it can be shared with LCC. The SAU will send a copy of your submission to LCC together with its report. This is to allow the public authority to take account of the submission in its decision as to whether to grant or modify the subsidy or its assessment. We therefore ask that you provide express consent for your full and unredacted submission to be shared. We also encourage you to share your submission directly with LCC using the email address provided above
- the SAU may use the information you provide in its published report. Therefore, you should indicate in your submission whether any specified parts of it are commercially confidential. If the SAU wishes to refer in its published report to material identified as confidential, it will contact you in advance
- for further details on confidentiality of third party submissions, see identifying confidential information in the Operation of the subsidy control functions of the Subsidy Advice Unit
Contacts
- CMA press team: 020 3738 6460 or press@cma.gov.uk
Published 8 December 2023
Last updated 24 January 2024 + show all updates
Referral from the Development Bank of Wales for its Rescue and Restructuring Scheme
The Subsidy Advice Unit (SAU) has accepted a request from the Welsh Government concerning its proposed Development Bank of Wales Rescue and Restructuring scheme (the Scheme).From:Competition and Markets AuthorityPublished24 January 2024Case type:SAU referralCase state:OpenMarket sector:Financial servicesOpened:24 January 2024
Contents
- Administrative timetable
- Request from the Welsh Government
- Information about the subsidy scheme provided by the Welsh Government
- Information for third parties
- Notes to third parties wishing to make a submission
- Contact
Administrative timetable
| Date | Action |
| 5 March 2024 | SAU’s report to be published |
| 7 February 2024 | Deadline for receipt of any third-party submissions (submissions after 5pm on this date cannot be taken into account) |
| 24 January 2024 | Beginning of reporting period |
Request from the Welsh Government
24 January 2024: The SAU has accepted a request for a report from the Welsh Government concerning its proposed Scheme. This request relates to a Subsidy Scheme of Particular Interest.
The SAU will prepare a report, which will provide an evaluation of the Welsh Government’s assessment of whether the scheme complies with the subsidy control requirements (Assessment of Compliance). The SAU will complete its report within 30 working days.
Information about the subsidy scheme provided by the Welsh Government
The Development Bank of Wales Rescue and Restructuring Scheme will provide support to ailing and insolvent small and medium sized enterprises in Wales. The support is intended to prevent the failure of otherwise viable enterprises and contribute to specific policy objectives by limiting social hardship.
For restructuring subsidies, the enterprise must be able to demonstrate a return to viability via the implementation of a restructuring plan and for rescue subsidies, the enterprise must have commenced the production of a restructuring plan.
Support will be provided in the form of loans repayable over the shortest term possible, to a maximum of six months for rescue subsidies and five years for restructuring subsidies. The proposed scheme size is £40.5 million and the maximum loan size to an individual enterprise will be £2.5 million. The value of the subsidy will be calculated using the Gross Cash Equivalent calculation.
The Development Bank of Wales Rescue and Restructuring Scheme will be operated in line with the Subsidy Control Act 2022. It will allow for continuation of the support currently provided by the Development Bank of Wales under a European Commission approved scheme, operated pursuant to the EC State Aid regulations for rescuing and restructuring non-financial undertakings in difficulty guidelines.
Information for third parties
If you wish to comment on matters relevant to the SAU’s evaluation of the Assessment of Compliance concerning the Welsh Government’s proposed Scheme, please send your comments before 5pm on the date stipulated in the timetable above. For guidance on representations relevant to the Assessment of Compliance, see the section on reporting period and transparency in the Operation of the subsidy control functions of the Subsidy Advice Unit.
Please send your submissions to us at SAU-DBWR&R2024@cma.gov.uk copying the public authority at SubsidyControlUnit@gov.wales
Please also provide a contact address and explain in what capacity you are making the submission (for example, as an individual or a representative of a business or organisation).
Notes to third parties wishing to make a submission
- The SAU will only take your submission into account if it can be shared with the Welsh Government. The SAU will send a copy of your submission to the Welsh Government together with its report. This is to allow the public authority to take account of the submission in its decision as to whether to grant or modify the subsidy or its assessment. We therefore ask that you provide express consent for your full and unredacted submission to be shared. We also encourage you to share your submission directly with the Welsh Government using the email address provided above.
- The SAU may use the information you provide in its published report. Therefore, you should indicate in your submission whether any specified parts of it are commercially confidential. If the SAU wishes to refer in its published report to material identified as confidential, it will contact you in advance.
- For further details on confidentiality of third party submissions, see identifying confidential information in the Operation of the subsidy control functions of the Subsidy Advice Unit.
Contact
- SAU project team: SAU-DBWR&R2024@cma.gov.uk
- CMA press team: 020 3738 6460 or press@cma.gov.uk
Published 24 January 2024
Mergers orders and undertakings register
Register of orders and undertakings that are currently in force, have lapsed and have been released.From:Competition and Markets AuthorityPublished31 March 2014Last updated24 January 2024 — See all updatesGet emails about this page
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Explanatory note
Enterprise Act 2002 merger remedies in force
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Enterprise Act 2002 merger remedies: lapsed, released and interim measures
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Fair Trading Act 1973 merger undertakings in force
Fair Trading Act 1973 merger undertakings: lapsed and released
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Details
The register provides details of orders and undertakings under the market investigation and mergers provisions of the Enterprise Act 2002 (EA02).
It also provides details of orders and undertakings under the monopoly and merger provisions of the Fair Trading Act 1973 (FTA73).
The register is arranged into the following sections:
- EA02 merger remedies in force
- EA02 merger remedies: lapsed, released and interim measures
- FTA73 merger undertakings in force
- FTA73 merger undertakings: lapsed and released
Published 31 March 2014
Cuarta convocatoria de asesores no gubernamentales para la Red Internacional de Competencia (ICN)
23 Jan 2024 | Competencia
La CNMC abre la cuarta convocatoria de asesores no gubernamentales (NGA) para la Red Internacional de Competencia (International Competition Network – ICN).
La Comisión Nacional de los Mercados y la Competencia (CNMC) lanza la cuarta convocatoria para la selección de asesores no gubernamentales de la Red internacional de competencia (NGA de la ICN) durante el período 2024-2025. Durante este período bianual, todos los interesados deben presentar su candidatura para participar como NGA en la ICN, ya sea por primera vez o, en caso de haber sido seleccionados en convocatorias anteriores, para poder continuar como NGA.
Los NGA participarán de forma activa en los diferentes grupos de trabajo de la ICN para aportar su experiencia y visión en materia de competencia para enriquecer el debate y los trabajos resultantes desde distintos perfiles.
Se ruega a los candidatos ICN-NGAs que cumplimenten el siguiente formulario de registro para NGAs.
sitio-externo.com
Plazo de admisión de solicitudes abierto hasta el martes 06 de febrero de 2024
Fonte: CNMC
Federal Trade Commission and Justice Department Hold Trilateral Meeting with Competition Enforcers from Mexico and Canada
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Today, the Federal Trade Commission participated in a trilateral meeting with enforcers from Mexico’s Federal Economic Competition Commission, Canada’s Competition Bureau, and the Justice Department’s Antitrust Division. Discussions were held among FTC Chair Lina Khan, Assistant Attorney General Jonathan Kanter of the Department of Justice’s Antitrust Division, Canadian Commissioner of Competition Matthew Boswell, and President Andrea Marván Saltiel of the Mexican Federal Economic Competition Commission.
The meeting, which took place in Mexico City, included discussions on competition in the technology and platform sectors, the impact of competition on labor markets, as well as discussions on new enforcement tools and approaches to competition law.
“This annual trilateral with our enforcement partners lets us share expertise and learning, strengthening our work to promote fair competition and protect the American public from anticompetitive and monopolistic tactics,” said FTC Chair Lina M. Khan.
“The competition law agencies of Canada, Mexico, and the United States share the common goal to preserve and protect fair and lawful competition.” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “I am grateful for the opportunity to meet with our fellow enforcers and discuss opportunities to promote competition and enhance enforcement in North America.”
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Canadian Commissioner of Competition Matthew Boswell, President Andrea Marván Saltiel of the Mexican Federal Economic Competition Commission, FTC Chair Lina Khan, and Assistant Attorney General Jonathan Kanter of the Department of Justice’s Antitrust Division
The meetings grew out of a 1995 cooperation agreement between the United States and Canada, the 1999 agreement between the United States and Mexico and the 2001 agreement between Canada and Mexico. The agreements commit the agencies to coordinate and cooperate with each other to ensure consistent and effective antitrust enforcement.
The Federal Trade Commission works with counterpart agencies to promote sound antitrust, consumer protection, and data privacy enforcement and policy. For the latest news and resources, follow the FTC on social media, subscribe to press releases and subscribe to the FTC International Monthly.
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FTC Finalizes Order Requiring Old Southern Brass to Stop False Made In USA and Veteran Affiliation Claims
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- Consumer Protection
- Bureau of Consumer Protection
- deceptive/misleading conduct
- Veterans
- Retail
- Advertising and Marketing
- Made in USA
Following a public comment period, the Federal Trade Commission finalized a consent order settling charges that Florida-based EXOTOUSA LLC, (doing business as Old Southern Brass) falsely claimed that certain company products were manufactured in the U.S, and that the company was veteran-operated and donated 10 percent of its sales to military service charities.
The FTC’s complaint against the company, first announced in December 2023, said that the company made numerous claims that its products were “Made in USA,” but in spite of such claims, many of the company’s products were wholly imported from China or contained significant imported content. The company falsely claimed various forms of affiliation with the U.S. military, including being veteran-operated and contributing a portion of proceeds to military charity groups, according to the complaint.
The final order requires the company to pay $150,000 to the FTC, stop making false claims, and comply with specific requirements relating to future country-of-origin claims. The order also includes a monetary judgment of $4,572,137.66, which is partially suspended based on the defendants’ inability to pay the full amount.
The Commission vote to approve the final order was 3-0.
The Federal Trade Commission works to promote competition and protect and educate consumers. Learn more about consumer topics at consumer.ftc.gov, or report fraud, scams, and bad business practices at ReportFraud.ftc.gov. Follow the FTC on social media, read consumer alerts and the business blog, and sign up to get the latest FTC news and alerts.
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Casos
CADE
Ato de Concentração nº 08700.009249/2023-08
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Investigation phase:2
FTC
Vyera Pharmaceuticals, LLC
The Federal Trade Commission and a group of seven state enforcers filed a complaint in federal district court against Vyera Pharmaceuticals, LLC, alleging an elaborate anticompetitive scheme to preserve a monopoly for the life-saving drug, Daraprim. The Commission vote to issue the complaint was 5-0. The complaint was filed on Jan. 27, 2020, in the U.S. District Court for the Southern District of New York. In a Jan. 14, 2022 ruling, U.S. District Court Judge Denise Cote found Shkreli’s conduct “egregious, deliberate, repetitive, long-running, and ultimately dangerous.” Judge Cote banned Shkreli for life from the pharmaceutical industry.
On January 23, 2024, the U.S. Court of Appeals for the Second Circuit affirmed the U.S. District Court for the Southern District of New York’s ruling.
Type of Action
Federal
Last Updated
January 23, 2024
FTC Matter/File Number
161 0001
Case Status
Pending