WHAT HAPPENED
SO FAR…

NOCON has been appointed as monitoring trustee in the following cases:

B7-21/18
Telekom Deutschland/EWE
Telecoms
Federal Cartel Office
Monitoring rollout of fibre-optic network and access to third parties

JD Sports/Footasylum
Retail
Competition and Markets Authority
Monitoring compliance with interim measures in a completed merger case

Z-4428
Österreichische Post AG/Assets of DHL Paket (Austria) GmbH
Postal services
Federal Competition Authority
Long-term behavioural remedy, in case of complaints monitoring of potential discrimination of third parties and performing cost audits

M.8744
BMW/Daimler/Car Sharing JV
Car-sharing services
European Commission
Monitoring of access to data interfaces (API)

UK Merger
Competition and Markets Authority
Monitoring compliance with interim measures in a completed merger case

B9-124/17
VTG/CIT
Leasing of freight waggons
Federal Cartel Office
Divestiture of two subsidiaries and around 4,400 freight waggons

Z-3373
ATV/ProSiebenSat.1 Puls4
TV Broadcasting
Federal Competition Authority
Long-term behavioral remedy to protect media plurality

ME/6640/16
National Fostering Agency/Acorn
Foster care
Competition and Markets Authority
Divestiture of an independent fostering agency and carve-out of foster care capacity, in particular carer families

NOCON team members had leading roles in monitoring trustee teams with previous employers in a large number of transactions, including the following cases:

M.5721
Otto/Primondo Assets
Retail
European Commission
Divestiture of brands

M.5355
BASF/CIBA
Chemical industry
European Commission
Divestiture of several business divisions including production facilities
Divestiture of several licences

Docket No 4253
BASF/CIBA
Chemical industry
Federal Trade Commission
Divesture of two business divisions including production facilities

M.5096
RCA/MAV Cargo
Railway transport
European Commission
Divestiture of shares; adjustment of cooperation agreements

B5-84/08
Stihl/Zama
Carburettors
Federal Cartel Office (FCO)
Divestiture of a US-subsidiary

B2-333/07
EDEKA/Tengelmann
Food retail
Federal Cartel Office (FCO)
Divestiture of around 350 supermarkets and behavioral remedies

B5-198/07
A-TEC/Norddeutsche Affinerie
Copper refinery
Federal Cartel Office (FCO)
Several behavioral remedies in the context of the prohibition decision

B5-1003/06
Atlas Copco/ABAC
Compressors
Federal Cartel Office (FCO)
Divestiture of German compressor business

“When VTG acquired Nacco from CIT, I worked closely with Dr Nothhelfer who was the monitoring trustee for the German Bundeskartellamt. Dr Nothhelfer performed his role professionally and provided helpful guidance to the various stakeholders involved. His approach was pragmatic and solution-oriented, he was responsive to  our concerns  and a pleasure to work with. I can recommend Dr Nothhelfer and NOCON without reservation.”

Soeren Scheel, Head of Strategy & Acquisitions, VTG AG

 

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“Dr Nothhelfer acted as lead Monitoring Trustee on the CMA remedies process for the National Fostering Agency’s acquisition of Acorn Care and Education, for whom Linklaters was the Antitrust adviser.  We found Dr Nothhelfer to be professional, commercially orientated, and reasonable. He capably discharged his duties to the CMA while working constructively to minimise the commercial burdens on the Parties of the process.  We recommend Dr Nothhelfer and NOCON without reservation.”

Simon Pritchard, Linklaters

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