Notícias

Cade determina notificação de operações envolvendo concessionárias

Decisão foi proferida durante a 224ª Sessão Ordinária de JulgamentoCompartilhe:

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Publicado em 21/02/2024 16h33

Na sessão de julgamento desta quarta-feira (21/02), o Conselho Administrativo de Defesa Econômica (Cade) analisou um Procedimento Administrativo para Apuração de Ato de Concentração (Apac) envolvendo as empresas CMJ Comércio de Veículos e o grupo Dahruj. O Tribunal do Cade determinou que as operações envolvendo as empresas CMJ/Mais Distribuidora, Dahruj Motors/Service, CMD/Tempo, CMJ/Auguri (São Paulo), CMJ/Auguri (Guarulhos) e CMJ/Auguri sejam notificadas à autarquia nos próximos 30 dias. O descumprimento da determinação resultará em multa diária de R$ 10 mil.  

A instauração do Apac teve início em julho de 2020, quando o Grupo Dahruj, envolvido em outro processo de ato de concentração, apontou 10 operações realizadas nos últimos cinco anos. Dessas, duas operações foram excluídas da análise pela Superintendência-Geral. Em outras duas (CDMD/Automec e CMD/Andreta), foi possível confirmar que houve a notificação formal de ambas operações e, em outros seis atos de concentração, verificou-se, no entanto, que não foram notificados, embora fossem de notificação obrigatória. 

O argumento apresentado pelas empresas é que haveria perda do objeto das operações CMD/Tempo, CMJ/Auguri (São Paulo), CMJ/Auguri (Guarulhos) e CMJ/Auguri (Osasco) devido as empresas Auguri e Tempo terem encerrado suas atividades comerciais. 

Em seu voto, o conselheiro Gustavo Augusto, relator do caso, afirmou que a alegação de perda de objeto pelo encerramento das operações não é sustentável quando se trata da análise dos atos de concentração: “Se o fato de uma das partes da operação ter encerrado sua atividade após a consumação do ato fosse uma justificativa válida para a dispensa da notificação, seria forçoso concluir que qualquer operação de aquisição de controle de empresa concorrente para posterior liquidação estaria dispensada de ser notificada.”  

O Tribunal, por unanimidade, seguiu o voto do conselheiro. A fixação de sanção pecuniária ficará suspensa até que haja decisão de mérito dos Atos de Concentração. 

Sem restrições, Cade aprova criação de joint venture entre empresas do setor de gás de cozinha

Acordo comercial resultará em um novo agente econômicoCompartilhe:

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Publicado em 21/02/2024 16h26 Atualizado em 21/02/2024 17h26

Nesta quarta-feira (21/02), o Conselho Administrativo de Defesa Econômica (Cade) aprovou, sem restrições, a criação de joint venture entre três empresas que atuam no setor de gás de cozinha (GLP). O ato de concentração já havia sido aprovado pela Superintendência-Geral do Cade em outubro do ano passado. No entanto, o processo foi avocado para análise do Tribunal, após recurso de terceiro interessado. O requerimento, relatado pelo conselheiro Diogo Thomson, foi negado por unanimidade pelo Tribunal. 

Com a operação, as empresas Oiltanking, Queiroz Participações e Copa Energia criarão empreendimento de armazenamento de GLP, em terminal do Porto de Suape, no município de Ipojuca, no estado de Pernambuco.     

O novo empreendimento oferecerá capacidade de armazenamento de cerca de 120 mil m³ e contará com capacidade considerável de armazenagem do gás refrigerado. Ainda segundo as partes, com a efetivação do investimento, os usuários poderão importar diretamente o insumo com maior agilidade, segurança operacional e tecnologia. 

As requerentes alegam que a criação de um novo terminal de GLP é uma alternativa à importação realizada por meio de navio-cisterna, que ampliará a oferta de gás para a região. Segundo as empresas requerentes, a operação beneficiará o Nordeste, uma vez que há dependência da oferta de importações, que atualmente são feitas por intermédio de navio-cisterna da Petrobras.   

Em sua análise, a Superintendência-Geral do Cade analisou, entre outros aspectos, as restrições à concorrência entre as participantes do acordo, afastando preocupações relacionadas a sobreposições horizontais e fechamento de mercado.  

De acordo com o conselheiro relator, Diogo Thomson, o ato de concentração não afetará o mercado. “Procurei trazer elementos que demonstram que mesmo em cenário mais rigoroso, que é incerto e futuro, existem diversos fatores que mitigariam a capacidade e os incentivos ao fechamento do mercado decorrentes da integração vertical esposada na joint venture”, disse.  

Ainda segundo Thomson, mesmo em cenários mais restritos de mercado relevante, a operação é pró-competitiva e permite que, no mínimo, no cenário mais rigoroso, com a hipotética saída do navio-cisterna e a desconsideração da Bahia como integrante do mercado relevante de distribuição do Nordeste, a capacidade de importação das recorrentes não será alterada, sendo suficiente para atendimento de sua demanda na região e de terceiros.  

Em sua fala, o conselheiro Gustavo Augusto destacou que a operação representa uma entrada de competidores, com aumento de capacidade produtiva, afastando preocupações concorrências. 

Acesse o Ato de Concentração Ordinário nº 08700.003437/2023-14. 

Cade determina notificação obrigatória de incorporação entre cooperativas

Caso decidido pelo Tribunal Administrativo nesta quarta-feira (21/02) teve origem em denúncia à Superintendência-GeralCompartilhe:

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Publicado em 21/02/2024 16h19

OConselho Administrativo de Defesa Econômica (Cade) determinou a notificação, em até 30 dias, de ato de concentração que trata da incorporação total, pela Cocamar Cooperativa Agroindustrial, dos ativos e passivos relativos às atividades da Cooperativa Agropecuária Norte Paranaense (Coanorp). A decisão foi tomada, por unanimidade, pelo Tribunal Administrativo da autarquia nesta quarta-feira (21/02)

A determinação teve origem em denúncia feita pelo Clique Denúncia e recebida pela Superintendência-Geral do Cade. O relato originou um Procedimento Administrativo de Apuração de Ato de Concentração (Apac) que investigou uma suposta incorporação da Coanorp pela Cocamar em 1º de novembro do ano de 2022.  De acordo com informações obtidas pela autarquia, o faturamento da Coanorp seria superior aos critérios de notificação obrigatória ao Cade. Por isso, a não-notificação da operação ao Conselho configuraria a hipótese de gun jumping.

De acordo com o relator do processo, conselheiro Diogo Thomson, as cooperativas agem comercialmente e, portanto, devem ser consideradas como partes nas transações econômicas e como entidades partícipes dos negócios jurídicos. “Ainda que não se possa classificar a operação como uma compra e venda stricto sensu, o resultado da operação não foi nada mais que a aquisição, pela incorporação, de todo o objeto social da Coanorp pela Cocamar”, sintetizou.

A decisão do Tribunal considerou que, diante da ausência da submissão da operação, as empresas terão até 30 dias para notificar à autarquia o ato de concentração. O descumprimento da determinação sujeitará cada uma das partes a multa de R$ 5 mil por dia.

Referral of the proposed subsidy scheme, the Contracts for Difference for Renewables (as at Allocation Round 6), by the Department for Energy Security and Net Zero

The Subsidy Advice Unit (SAU) has published a report providing advice to the Department for Energy Security and Net Zero (DESNZ) concerning its proposed subsidy scheme Contracts for Difference for Renewables (as at Allocation Round 6).From:Competition and Markets AuthorityPublished11 January 2024Last updated21 February 2024 — See all updatesCase type:SAU referralCase state:ClosedMarket sector:EnergyOpened:11 January 2024

Contents

1. Administrative timetable
2. Final Report
3. Request from DESNZ
4. Information about the subsidy scheme provided by DESNZ
5. Information for third parties
   1. Notes to third parties wishing to make a submission
6. Contacts

Administrative timetable

Final Report

21 February 2024: The SAU has published its report providing advice to DESNZ concerning its proposed subsidy scheme, the Contracts for Difference for Renewables (as at Allocation Round 6). The report sets out the SAU’s evaluation of DESNZ’s Assessment of Compliance of its proposed scheme with the requirements set out in the Subsidy Control Act 2022.

• Final report (PDF, 353 KB) (21.2.24)

Request from DESNZ

11 January 2024: The SAU has accepted a request for a report from DESNZ for its proposed subsidy scheme, the Contracts for Difference (CfD) for Renewables (as at Allocation Round 6). This request relates to a Subsidy Scheme of Particular Interest.

The SAU will prepare a report, which will provide an evaluation of DESNZ’s assessment of whether the subsidy 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 DESNZ

The CfD scheme has existed since 2014 and aims to encourage low carbon electricity generation. CfDs are long-term (15-year) contracts between a low carbon electricity generator and the CfD counterparty, the Low Carbon Contracts Company (LCCC). The generator sells the electricity at a variable market price. When the market price is below the strike price agreed in the CfD, the generator receives a top-up payment from LCCC for the additional amount (funded by a levy on electricity suppliers). When the market price is above the strike price, the generator must pay back the difference to LCCC. The CfD is open to application from any eligible renewable electricity generating station being or to be built in Great Britain.

Eligible technologies are: advanced conversion technologies, anaerobic digestion (>5MW), dedicated biomass with combined heat and power (CHP), energy from waste with CHP, floating offshore wind, geothermal, hydro (>5MW and <50MW), landfill gas, offshore wind, onshore wind (>5MW), remote island wind (>5MW), sewage gas, solar photovoltaic (>5MW), tidal stream, and wave. Typically, CfDs are offered following a competitive allocation round, and the lowest bids are accepted until the maximum budget for the allocation round is reached.

Allocation Round 6 (AR6) is planned to open to applications in March 2024. The main proposed change to the scheme for AR6 is amending the Private Network CFD Agreement to make renewable generators that directly supply offshore oil and gas facilities ineligible for that Agreement. Further minor changes have been made or are planned. These include plans for broadly administrative changes to the CfD contract terms and conditions, clarificatory changes to the allocation framework (which sets out the rules for AR6 and eligibility requirements applicants must satisfy), and updating of guidance and some questions on supply chain plans (whereby developers commit to actions to strengthen the capacity, productivity and competitiveness of their supply chains).

DESNZ has published core auction parameters for AR6 which include moving to 3 technology groups, or ‘pots’, with offshore wind moving into Pot 3 to compete in its own auction. DESNZ do not anticipate changing these parameters but, if amendments become necessary, they will notify developers and issue the updated parameters with the final budget, which will be published in March 2024, ahead of the round opening.

This budget will represent the yearly budget cap available for AR6 auctions over the relevant 4-year valuation period, though successful projects will receive subsidy over a 15-year period, so an estimate will be provided for the total subsidy amount on the transparency database. As an indication, the estimated total subsidy amount for AR4 was £15 billion and for AR5 it was £5 billion, though the estimated total subsidy amount for AR6 may be lower or higher than these figures. (These estimates are highly uncertain as actual payments will depend on market wholesale prices at the time and how much electricity each project generates: for further information, read Contracts for Difference (CfD) Allocation Round 4: Subsidy Control Transparency Database estimates and Contracts for Difference (CfD) Allocation Round 5: Subsidy Control Transparency database estimates.)

Information for third parties

If you wish to comment on matters relevant to the SAU’s evaluation of the Assessment of Compliance concerning DESNZ’s proposed subsidy 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-CfD2024@cma.gov.uk copying the public authority: ContractsforDifference@energysecurity.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 DESNZ. The SAU will send a copy of your submission to DESNZ 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 scheme 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 DESNZ 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

• SAU project team: SAU-CfD2024@cma.gov.uk
• CMA press team: 020 3738 6460 or press@cma.gov.uk

Published 11 January 2024
Last updated 21 February 2024 + show all updates

Referral of the proposed subsidy scheme, the Contracts for Difference for Renewables (as at Allocation Round 6), by the Department for Energy Security and Net Zero

The Subsidy Advice Unit (SAU) has published a report providing advice to the Department for Energy Security and Net Zero (DESNZ) concerning its proposed subsidy scheme Contracts for Difference for Renewables (as at Allocation Round 6).From:Competition and Markets AuthorityPublished11 January 2024Last updated21 February 2024 — See all updatesCase type:SAU referralCase state:ClosedMarket sector:EnergyOpened:11 January 2024

Contents

1. Administrative timetable
2. Final Report
3. Request from DESNZ
4. Information about the subsidy scheme provided by DESNZ
5. Information for third parties
   1. Notes to third parties wishing to make a submission
6. Contacts

Administrative timetable

Final Report

21 February 2024: The SAU has published its report providing advice to DESNZ concerning its proposed subsidy scheme, the Contracts for Difference for Renewables (as at Allocation Round 6). The report sets out the SAU’s evaluation of DESNZ’s Assessment of Compliance of its proposed scheme with the requirements set out in the Subsidy Control Act 2022.

• Final report (PDF, 353 KB) (21.2.24)

Request from DESNZ

11 January 2024: The SAU has accepted a request for a report from DESNZ for its proposed subsidy scheme, the Contracts for Difference (CfD) for Renewables (as at Allocation Round 6). This request relates to a Subsidy Scheme of Particular Interest.

The SAU will prepare a report, which will provide an evaluation of DESNZ’s assessment of whether the subsidy 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 DESNZ

The CfD scheme has existed since 2014 and aims to encourage low carbon electricity generation. CfDs are long-term (15-year) contracts between a low carbon electricity generator and the CfD counterparty, the Low Carbon Contracts Company (LCCC). The generator sells the electricity at a variable market price. When the market price is below the strike price agreed in the CfD, the generator receives a top-up payment from LCCC for the additional amount (funded by a levy on electricity suppliers). When the market price is above the strike price, the generator must pay back the difference to LCCC. The CfD is open to application from any eligible renewable electricity generating station being or to be built in Great Britain.

Eligible technologies are: advanced conversion technologies, anaerobic digestion (>5MW), dedicated biomass with combined heat and power (CHP), energy from waste with CHP, floating offshore wind, geothermal, hydro (>5MW and <50MW), landfill gas, offshore wind, onshore wind (>5MW), remote island wind (>5MW), sewage gas, solar photovoltaic (>5MW), tidal stream, and wave. Typically, CfDs are offered following a competitive allocation round, and the lowest bids are accepted until the maximum budget for the allocation round is reached.

Allocation Round 6 (AR6) is planned to open to applications in March 2024. The main proposed change to the scheme for AR6 is amending the Private Network CFD Agreement to make renewable generators that directly supply offshore oil and gas facilities ineligible for that Agreement. Further minor changes have been made or are planned. These include plans for broadly administrative changes to the CfD contract terms and conditions, clarificatory changes to the allocation framework (which sets out the rules for AR6 and eligibility requirements applicants must satisfy), and updating of guidance and some questions on supply chain plans (whereby developers commit to actions to strengthen the capacity, productivity and competitiveness of their supply chains).

DESNZ has published core auction parameters for AR6 which include moving to 3 technology groups, or ‘pots’, with offshore wind moving into Pot 3 to compete in its own auction. DESNZ do not anticipate changing these parameters but, if amendments become necessary, they will notify developers and issue the updated parameters with the final budget, which will be published in March 2024, ahead of the round opening.

This budget will represent the yearly budget cap available for AR6 auctions over the relevant 4-year valuation period, though successful projects will receive subsidy over a 15-year period, so an estimate will be provided for the total subsidy amount on the transparency database. As an indication, the estimated total subsidy amount for AR4 was £15 billion and for AR5 it was £5 billion, though the estimated total subsidy amount for AR6 may be lower or higher than these figures. (These estimates are highly uncertain as actual payments will depend on market wholesale prices at the time and how much electricity each project generates: for further information, read Contracts for Difference (CfD) Allocation Round 4: Subsidy Control Transparency Database estimates and Contracts for Difference (CfD) Allocation Round 5: Subsidy Control Transparency database estimates.)

Information for third parties

If you wish to comment on matters relevant to the SAU’s evaluation of the Assessment of Compliance concerning DESNZ’s proposed subsidy 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-CfD2024@cma.gov.uk copying the public authority: ContractsforDifference@energysecurity.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 DESNZ. The SAU will send a copy of your submission to DESNZ 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 scheme 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 DESNZ 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

• SAU project team: SAU-CfD2024@cma.gov.uk
• CMA press team: 020 3738 6460 or press@cma.gov.uk

Published 11 January 2024
Last updated 21 February 2024 + show all updates

Consumer protection in green heating and insulation sector

The CMA is looking at consumer protection in the green heating and insulation sector.From:Competition and Markets AuthorityPublished27 September 2022Last updated21 February 2024 — See all updatesCase type:Consumer enforcementCase state:OpenMarket sector:EnergyOpened:27 September 2022

Contents

1. Timetable
2. Update on the standards landscape
3. Consultation on draft compliance advice now closed
4. Investigation launch
5. Consumer awareness campaign
6. Response to the MCS consultation
7. Call for information: findings and next steps
8. About the project
   1. Data Protection
   2. How we use your information
9. Contact

Timetable

Update on the standards landscape

21 February 2024: The CMA has published a progress update on how the landscape of standards bodies that oversee quality and consumer protection standards in the sector have taken forward our good practice principles.

Overall, standards bodies have engaged positively with the principles. However, more still needs to be done to improve the levels of consumer protection. Standards bodies should continue to push forward with changes that are needed to improve their practices.

We recognise that standards bodies alone cannot address all the concerns we identified. The CMA will therefore continue to work with UK government to take forward our steers to help improve consumer protection in the sector.

• Consumer protection review: update on the standards landscape (PDF, 285KB) (21.2.24)

Consultation on draft compliance advice now closed

24 January 2024: The CMA is currently considering responses to its consultation on draft consumer law compliance advice for businesses marketing green heating and insulation products to consumers.

This draft compliance advice aims to help businesses understand and comply with their consumer law obligations. The CMA has produced this draft compliance advice following concerns we identified about some businesses in the sector: (i) making potentially misleading claims about green heating and insulation products; and/or (ii) providing limited and inconsistent upfront price information, as set out in our call for information findings report.

• Consultation on draft consumer law compliance advice (13.12.23)

Investigation launch

The CMA has opened an investigation into Bosch Thermotechnology Limited’s (trading as ‘Worcester Bosch’) compliance with consumer protection law. The CMA is investigating Worcester Bosch’s marketing claims about its so-called ‘hydrogen-blend ready’ home boilers.

This follows our findings report which highlighted concerns that a number of businesses in the green heating and insulation sector were making potentially misleading claims online about hydrogen use in boilers and put the sector on notice for further action.

The CMA has also written to 12 other businesses to warn them that they could be breaching consumer protection law after reviewing their marketing to consumers, and to remind them of their legal obligations.

• Worcester Bosch investigation (17.10.23)
• Press notice: Investigation into boiler company over ‘green’ claims (17.10.23)

Consumer awareness campaign

The CMA has produced a video as part of a social media campaign to remind people about their consumer rights and the key questions to ask when buying a new green home heating or insulation product, such as a heat pump or solar panels. The video signposts people to the CMA’s more detailed consumer guide published earlier this year.

• Video: Top tips when buying green heating and insulation (17.10.23)
• Guide for people buying or installing green heating or insulation products (17.10.23)

Response to the MCS consultation

The CMA has published its response to the Microgeneration Certification Scheme’s consultation on proposed changes to its scheme.

• CMA consultation response to MCS (27.7.23)

Call for information: findings and next steps

The CMA has published a report setting out the findings from its call for information on consumer protection in the green heating and insulation sector. We looked at three key themes – people’s experience of buying green heating and insulation products; business practices and the landscape of standards bodies which provide quality assurance and consumer protection standards for member businesses. We have identified concerns in these areas and the report sets out actions to help address these.

We have also published a consumer guide to assist people when buying green heating and insulation products, which sets out a summary of their key rights and protections under the law; and a set of good practice principles for standards bodies, to help raise the level of protections in the sector.

The CMA will continue to engage closely with stakeholders to share our findings and to take forward actions to help tackle the issues we have identified.

We will also be carrying out further work in this sector, focusing on business practices – in particular we will be looking at misleading and greenwashing claims made by businesses about their products. At this stage, the CMA has not reached a view as to whether consumer protection law may have been broken.

• Findings report (PDF, 2,493KB) (31.5.23)
• Principles for standards bodies (PDF, 239KB) (31.5.23)
• Guide for people buying green heating and insulation products (31.5.23)
• Press notice: Advice for shoppers after report highlights difficulties buying ‘green’ home heating (31.5.23)

About the project

On 27 September 2022 the Competition and Markets Authority (CMA) launched a call for information looking at consumer protection in the UK green heating and insulation sector, focusing on the sale of the following products for the home: heat pumps; home solar; insulation; biomass boilers and hydrogen-ready boilers.

The call for information looked at consumer experiences and business practices, including those relating to the marketing and sale of the above products, and sought views from consumers, businesses and other interested parties through questionnaires. It explored whether further steps or action is needed to help ensure consumers are treated fairly and businesses are supported to meet their obligations under consumer protection law. Through doing so, this work contributes to the CMA’s Annual Plan commitment to support the UK’s transition to low carbon growth.

The call for information examined several issues, including:

• how consumers select products and business suppliers
• how businesses in the sector promote their products/services to consumers
• the provision of key information to consumers by businesses before, during and after the product’s installation
• the complaints and redress process if things go wrong for consumers
• the role of certification schemes and codes of practice in increasing consumer confidence in the sector

We are carrying out this work under section 5 of the Enterprise Act 2002, which gives the CMA the power to obtain, compile and keep under review information about matters relating to its functions.

Further information on the project, including our areas of focus, and the potential outcomes of the call for information, is set out in the Overview document below.

At this early stage, the CMA has not reached a view as to whether consumer protection law may have been broken.

• Overview (27.9.22)
• Call for information
• Press notice: Green heating consumer protection to come under scrutiny (27.9.22)

Data Protection

Any personal data you provide us will be handled in accordance with our obligations under the UK General Data Protection Regulation and the Data Protection Act 2018. Our personal information charter sets out the standards you can expect from us when we collect, use or share personal data and provides details of your rights in relation to that data and how to contact us.

How we use your information

We may only publish or disclose with others (outside the CMA) the information that you provide us in specific circumstances as set out in legislation (principally Part 9 of the Enterprise Act 2002). For further information visit the Annex to the Overview document.

Contact

greenheating@cma.gov.uk

Published 27 September 2022
Last updated 21 February 2024 + show all updates

Contents

Monash IVF’s proposed acquisition of Fertility North not opposed

Date

22 February 2024

Topics

Mergers

The ACCC will not oppose Monash IVF Group Limited’s (ASX: MVF) proposed acquisition of Fertility North Holdings Pty Ltd.

Monash IVF and Fertility North both supply fertility services, including in vitro fertilisation (IVF), in Perth.

The ACCC’s review focused on closeness of competition, the likelihood of new entry, and whether Monash IVF was likely to significantly alter its service offerings after the acquisition.

The ACCC concluded there was unlikely to be a substantial lessening of competition as Monash IVF will face sufficient competition from the remaining providers in Perth such as Genea/Adora, Concept Fertility, and Fertility Specialists of WA.

These other providers offer a mix of low-cost and full-service fertility services, and include a new low-cost entrant, Oasis Fertility.

The ACCC’s review found there is unlikely to be any change to competition for low-cost IVF services offered by Fertility North as a consequence of the acquisition. Low-cost IVF services are an important part of the market to many would-be parents.

“Although the proposed acquisition increases concentration in fertility services in Perth, we concluded that it was unlikely to result in a substantial lessening of competition,” ACCC Commissioner Liza Carver said. 

“The fertility services industry has seen consolidation over recent years, and we will continue to closely monitor acquisitions.”

More information can be found on the ACCC’s website at Monash IVF Group Limited – Fertility North Holdings Pty Ltd

Background

Monash IVF offers a range of specialist fertility, diagnostic obstetric and gynaecological ultrasound treatments to patients in Australia and South East Asia. In Australia, Monash IVF owns and operates several different brands including Monash IVF, Repromed and Fertility Solutions. The Monash IVF and Repromed brands operate as suppliers of full-service IVF services. Fertility Solutions operates as a supplier of full-service and low-cost IVF services.

In Perth, Monash IVF owns PIVET, which operates out of PIVET Medical Centre in Leederville in central Perth. Monash IVF acquired PIVET in 2023. PIVET offers full-service fertility services.

Fertility North is a fertility services provider located at Ramsay Joondalup Private Hospital in Joondalup, approximately 29km north of Perth CBD. It offers both full-service and low-cost IVF services.

Fertility services includes a range of services, such as In Vitro Fertilisation (IVF), Intracytoplasmic Sperm Injection (ICSI), Preimplantation Genetic Testing (PGT), Ovulation Induction (OI), Intra Uterine Insemination (IUI), egg-freezing, and frozen or fresh embryo transfer.

Release number

16/24

General enquiries

Contact us to report an issue or make an enquiry.

Media enquiries

Media Team – 1300 138 917, media@accc.gov.au

Commission approves joint venture between Orange and MásMóvil in Spain, subject to conditions

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The European Commission has approved, under the EU Merger Regulation, the proposed creation of a joint venture by Orange and MásMóvil. The approval is conditional upon full compliance with a commitments package offered by Orange and MásMóvil.

Today’s decision follows an in-depth investigation of the proposed transaction. Orange is a full mobile network operator whileMásMóvil is a hybrid mobile network operator.  MásMóvil relies on its own mobile network, which does not cover the entire Spanish territory, and on a national roaming agreement with Orange to provide retail mobile services. There are two other mobile network operators active in Spain (Telefónica and Vodafone). There are also several mobile virtual network operators (‘MVNOs’) which use the mobile network operators’ infrastructure to offer retail mobile services to consumers. Digi is the largest MVNO in Spain.

The Commission’s investigation

During its in-depth investigation, the Commission gathered extensive information and received feedback from market participants and other stakeholders.

Following its investigation, the Commission had concerns that the transaction, as initially notified, would restrict competition in the retail markets for the supply of mobile and fixed internet services in Spain, whether offered standalone or in bundles.

In particular, the Commission found that:

• The transaction will create the largest operator by customer numbers in Spain, with a significant market share increment across all relevant retail markets.
• Orange and MásMóvil are direct competitors in the Spanish retail markets for the supply of mobile and fixed internet services. MásMóvil has been making very competitive offers and has been steadily growing over the years. Its main brands, Yoigo and MásMóvil, have attracted a significant number of customers from Orange in Spain. The transaction would therefore eliminate a close and important competitor.
• The transaction may also have led to significant price increases for consumers in Spain, well above 10%.
• Any efficiencies that the transaction could have created, such as cost savings or incremental 5G or fibre roll-out, would not have offset the transaction’s significant anticompetitive effects.

The remedies

To address the Commission’s competition concerns, Orange and MásMóvil committed to:

1. Divest spectrum held by MásMóvil to Digi across three frequency spectrum bands, two medium frequency bands (1,800 MHz and 2,100 MHz) and one high frequency band (3.5 GHz). The mobile spectrum to be divested will enable Digi to build its own mobile network and to exert a strong competitive constraint on the joint venture; and
2. Enter an optional national roaming agreement, which Digi can decide to use or not. The possibility to use the JV’s network will complement Digi’s own network, which Digi will start rolling out with the use of the divested spectrum. This option is critical given that, like MásMóvil’s network today, Digi’s future mobile network would likely not cover the entirety of Spain. As the national roaming agreement is optional, Digi will be free to remain with its current wholesale provider (Telefónica) or choose another mobile network operator in Spain (i.e., the joint venture or Vodafone).

Today’s decision also approves Digi as a remedy taker following a careful review of Digi’s business plan with the help of an independent adviser. Digi is a suitable purchaser for the divested spectrum as it is currently the largest and fastest-growing MVNO in Spain. Digi also has experience as a mobile network operator in other EU Member States such as Romania. Moreover, Digi has a relatively large, fixed broadband (fibre) network in Spain, which it continues to build. As a result, the commitments do not include any fixed broadband assets.

After collecting the feedback from a wide variety of market participants during a market test of the proposed commitments, the Commission concluded that they fully address the identified competition concerns and will preserve a competitive telecom market in Spain, both in terms of price and quality, as well as in terms of 5G network deployment, to the benefit of consumers.

The Commission therefore concluded that the proposed transaction, as modified by the commitments, would no longer raise competition concerns. The decision is conditional upon full compliance with the commitments. Under supervision of the Commission, an independent trustee will monitor their implementation.

Companies and products

Orange, headquartered in France,is a global telecommunications operator active in the Spanish electronic communications market through its subsidiary OSP. OSP provides mobile and fixed electronic communication services to residential customers, business customers and wholesale customers in Spain. It operates under three brands: Orange, Jazztel, and Simyo.

MásMóvil is controlled by Lorca, a holding company headquartered in the UK. MásMóvil provides fixed and mobile electronic communication services mainly to residential customers in Spain. It operates under a wide variety of brands, such as Yoigo, MásMóvil, and Virgin, as well as digital-focused brand Pepephone, regional brands Euskaltel, R., Guuk, Embou and Telecable and international customers brands Llamaya, Lebara, Lycamobile. MásMóvil’s own network is based on mid-band and high-band spectrum, which are mainly suited for providing mobile services in urban areas. It does not own any low-band spectrum, which is generally used for deploying mobile networks in rural areas.

Merger control rules and procedure

The transaction was notified to the European Commission on 13 February 2023 and the Commission opened an in-depth investigation on 3 April 2023. On 27 June 2023, the Commission issued a Statement of Objections to Orange and MásMóvil setting out its preliminary competition concerns.

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 European Economic Area 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 transaction, there are currently two ongoing Phase II merger investigations: (i) the proposed acquisition of ITA Airways by Lufthansa; and (ii) the proposed acquisition of Air Europa by IAG.

For more information

More information will be available on the Commission’s competition website, in the public case register under the case number M.10896.

L’Autorité s’autosaisit pour avis sur le secteur des systèmes de notation de produits

Publié le 22 février 2024Imprimer la page

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L’Autorité de la concurrence a décidé de s’autosaisir pour avis afin d’analyser le fonctionnement concurrentiel du secteur des systèmes de notation de produits qui visent à informer les consommateurs sur les caractéristiques liées au développement durable des produits et services de consommation.

Cet avis sera l’occasion de procéder à une évaluation du rôle qu’ont ces systèmes de notation  comme paramètre de concurrence, les informations qu’elles délivrent étant susceptible d’avoir une influence sur la décision d’achat. Elle regardera, par ailleurs, dans quelle mesure ces systèmes de notation stimulent l’innovation des entreprises en faveur de produits ou services plus vertueux en termes de durabilité.

L’Autorité aura également l’occasion d’examiner le fonctionnement de ces systèmes sur lesquels interviennent les acteurs aux différents maillons de la chaîne de valeur et s’intéressera aux pratiques susceptibles d’être mises en place par ces acteurs qui pourraient avoir un impact sur la concurrence.

Enfin, l’Autorité s’interrogera sur les conséquences de la multiplication et de la coexistence des systèmes de notation au sein d’un même secteur.

COMMUNIQUÉ DE PRESSE DU 22 FÉVRIER 2024

L’Autorité s’autosaisit pour avis sur le secteur des systèmes de notation de produits

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Casos

CMA

Hitachi / Thales merger inquiry

• • 22 February 2024
  • Competition and Markets Authority case

Comissão Europeia

ORANGE / MASMOVIL / JV

Merger

M.10896

Last decision date:20.02.2024

BRIDGEPOINT / NEXITY LAMY AND ORALIA PARTENAIRES

Merger

M.11447

Last decision date: 19.02.2024 Simplified procedure

FTC

Letter from Chair Khan to Rep. Jim Jordan, Chairman of the House Judiciary Committee, Regarding the FTC’s Investigation of Potential Third-Party Access to the Information of Twitter Users

Date

February 21, 2024

By

Lina M. Khan, Chair

Matter Number

P210100

File

Letter from Chair Khan to Chairman Jordan Regarding the FTC’s Investigation of Potential Third-Party Access to the Information of Twitter Users (154.29 KB)