2017 saw some highly significant investigations and court judgments in European Union merger control. Notably:

..After detailed investigations and subject to extensive divestments, the European Commission (“EC”) cleared two transactions in the agricultural chemicals area. The EC’s analysis of competition in innovation in the Dow/Dupont merger broke new ground.

..Three notified transactions failed because of substantive concerns: the Deutsche Börse/London Stock Exchange Group and HeidelbergCement/Schwenk/Cemex Croatia deals were prohibited and Knorr-Bremse/Haldex was abandoned during a Phase II review.

..Procedural infringements attracted significant attention: the EC imposed a €110 million fine on Facebook for providing misleading information during a merger investigation. It also launched four other investigations into alleged procedural infringements.

..The EU courts issued four important judgments: one annulling a 2013 EC prohibition decision; one annulling a 2014 clearance; one upholding a fine for gun-jumping; and one on the interpretation of the EU Merger Regulation.