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Mumbai:
Schneider Electric SA, the biggest electronic components
manufacturer in France, has sought €1.6 billion ($2.2
billion) in compensation from the European Commission
for damages arising from its competition ruling. This
is the first time the regulator has been sued.
The
EC had, in late 2001, forced Schneider out of a €6.7-billion
takeover of French electronic distributor Legrand Holding
SA, as it felt the combination would create competition
problems.
The European Court of First Instance, the EU''s lower court,
overturned the decision in October 2002, following an
appeal by Schneider. The court described the decision
to block the deal as "vitiated by errors and omissions."
The reversal, however, could not save the deal as Schneider
in July 2002 agreed to sell Legrand to New York buyout
firm Kohlberg Kravis Roberts & Co. and French investment
firm Wendel Investissement for €3.6 billion.
Schneider claims the EC''s decision cost it about €2
billion, though it subsequently received a €500 million
tax credit. If successful, Schneider''s claim would pave
the way for further claims against the watchdog.
Meanwhile, British discount holiday company MyTravel Group
plc has lodged a £518 million ($1 billion) compensation
claim on EC for blocking its 1999 bid for First Choice
Holidays plc. That decision was also overturned in 2002.
The
EC also tried unsuccessfully to blocked Swedish industrial
group Tetra Laval International SA''s €1.7-billion
takeover of French packaging equipment maker Sidel SA.
The reversals have led to a review of the EC''s merger
assessments among the EU members.
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