Legal certainty tested in EU merger control

Author: Lizzie Meager | Published: 20 Jun 2016

The joint venture is to provide funding for a nuclear power plant at Hinkley Point in the UK

The European Commission's scrutiny of a joint venture involving a Chinese state-owned enterprise (SOE) has raised questions over legal certainty in future cases. 

The decision suggests that transactions involving SOEs, from China or elsewhere, may trigger a mandatory notification, even when the company has a minimal, or no presence whatsoever in the EU.

French energy provider EDF and the China General Nuclear Power Corporation (CGN) notified the Commission of their planned joint venture to build...