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UK and EU competition law highlights: CMA Tereos penalty, advisory letter maps; EU antitrust rulings (Gazprom, damages jurisdiction, non‑compete, metal cans); State aid decisions (JCDecaux, German network charges, Micula)

Published on: 03 October 2024

Published by a LexisNexis Competition expert
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UK mergers

Tereos fined for failure to comply with requirements of CMA information during phase 2 investigation

The CMA issued a notice, dated 25 September 2024, imposing a penalty on Tereos SCA and Tereos United Kingdom and Ireland Limited (together, Tereos) under section 110 of the Enterprise Act 2002 for failing to comply with a section 109 notice served by the CMA. That notice required the supply of board minutes and internal materials concerning Board and corporate governance during the phase 2 investigation. A fine of £25,000 was levied. The CMA concluded that Tereos had not, by the deadline, delivered all the information sought. In particular, Tereos did not provide Board minutes in response to the notice until prompted, and also omitted other documents falling within scope at the time required. The CMA observed that, had it not made further enquiries with Tereos after the main party hearing, a substantial set of documents responsive to the notice would not have been furnished by Tereos when requested...

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