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EU competition law update: General Court upholds Article 22 EUMR referral in Brasserie Nationale, rejects Spanish DTT State aid appeals; Commission resumes FSR probe into Adnoc/Covestro (2 July 2025)

Published on: 02 July 2025

Published by a LexisNexis Competition expert
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Article summary

Mergers General Court dismisses action against Commission’s decision to investigate, under Article 22 EUMR, Brasserie Nationale/Boissons Heintz merger

The General Court has handed down its ruling in Case T‑289/24, Brasserie Nationale and Munhowen v Commission, which contested the Commission’s decision of 14 March 2024 in Case M.11485 Brasserie Nationale/Boissons Heintz. Through that decision, the Commission took up a referral from Luxembourg under Article 22 EUMR to review Brasserie Nationale’s proposed acquisition of Boissons Heintz. The Court rejected the application.

Background

Brasserie Nationale, a Luxembourg-based drinks manufacturer, owns Munhowen, a distributor active in Luxembourg and neighbouring regions. On 22 December 2023 and 10 January 2024, Brasserie Nationale informed the Luxembourg Competition Authority (LCA) of plans for Munhowen to obtain exclusive control of Boissons Heintz, another Luxembourg drinks distributor. The deal did not meet the EU turnover thresholds for merger control, and Luxembourg has no domestic merger control system. Consequently, there was no obligation to notify at either EU or national level. Nonetheless, the LCA sought a referral so that the Commission could assess the transaction under Article 22 EUMR...

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