Flick Gocke Schaumburg represents EU Commission in dismissing actions against RWE-E.ON deal

Flick Gocke Schaumburg has represented the EU Commission in dismissing actions brought by regional energy providers as inadmissible following the EU’s decision not to oppose the acquisition by RWE of a large part of E.ON's generation assets. 

Advisor to the EU Commission: Flick Gocke Schaumburg

Dr. Florian Haus (antitrust law)

In 2019, the Commission decided not to oppose an asset swap between E.ON and RWE through three concentration operations in two cases, M.8870 and M.8871. These were the acquisition by RWE of E.ON’s electricity generation business, the acquisition by RWE in shares of E.ON, and the acquisition by E.ON of Innogy, a subsidiary of RWE. Ten municipal utilities and the energy provider Naturstrom brought an action for annulment against the decision not to oppose the asset swap. Dr Florian Haus represented the EU Commission in actions including three of the proceedings opposing the decision in the M.8871 case.

The Court of Justice of the European Union has now ruled that the Commission did not make any significant errors by not opposing the deals and dismissed as inadmissible the cases in which Flick Gocke Schaumburg represented the EU Commission (T-320-322/20). Further proceedings are still pending (T-63-65/21). <<<