Jurisdiction(s):
United Kingdom

Key definition

Conclusions definition

What does Conclusions mean? In EU legal practice, “Conclusions” are formal statements adopted—most commonly by the European Council or the Council of the EU—setting out political priorities, common positions, or invitations to take action. They are used to coordinate Member State responses and to steer future legislation or implementation, but do not themselves create rights or obligations. Conclusions are a form of EU soft law. They are not among the legal acts listed in Article 288 TFEU and are not defined as binding in the Treaties, although the TEU recognises the European Council’s role in defining general political directions through its conclusions. They carry persuasive...

EU merger control: European Commission clears Aegean/Olympic Air (M.6796) under failing firm defence after earlier prohibition; unconditional clearance on Greek domestic routes (2013)

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED – this archived case hub records the position as at the decision dated 9 October 2013; it is no longer maintained. See further, timeline, commentary and related cases.

Case facts

Outline of the European Commission’s merger investigation into the planned acquisition by Aegean Airlines of Olympic Air (second attempt) (Case M.6796).

Latest developments

On 9 October 2013, the Commission cleared the transaction outright under the failing firm defence. It determined that, without the takeover, Olympic Air would be compelled to leave the market due to financial distress and that there was no credible alternative buyer for the entire business or any individual assets. Any loss of competition from Olympic ceasing to operate independently would not be caused by the merger. Accordingly, the Commission granted clearance on the basis of the ‘failing firm’ defence. Aegean Airlines tabled commitments in phase I, but these did not resolve the concerns. Further remedies were offered in phase II, which the Commission did not need to assess given its findings.

Parties

Aegean Airlines and Olympic Air
Aegean Airlines is a major Greek airline based at Athens airport.

...

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Web page updated on 21/05/2026

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