BWB, the Austrian antitrust regulator, has today formalised its request for referral of the ongoing EC merger investigation of the proposed takeover of Orange Austria by 3 Hutchison from Brussels to Vienna.
Currently, the European and the Austrian…
BWB, the Austrian antitrust regulator, has today formalised its request for referral of the ongoing EC merger investigation of the proposed takeover of Orange Austria by 3 Hutchison from Brussels to Vienna.
Currently, the European and the Austrian regulator are overseeing different aspects of the transaction. While the European Commission looks at the main part of the deal, the Austrian BWB currently only has jurisdiction for the sale of Orange’s YESSS! subsidiary and other assets to Telekom Austria.
This could change following the referral request made by the BWB today.
Such a request to pass on jurisdiction from the EC to a European Union member state authority can be made if a merger is expected to particularly affect competition within that member state.
Approval of the request is, however, at the discretion of the EC.
The EC’s ongoing first phase investigation, which currently has a deadline set for 15 June, will be extended by 10 working days to consider the referral request.
