The European Commission cleared under the EU Merger Regulation the proposed acquisition of the Privileg trademark and other rights by Whirlpool of the US.
After examining the operation, the Commission concluded that the transaction would not significantly impede effective competition in the European Economic Area (EEA) or any substantial part of it.
Under the proposed transaction, Whirlpool acquires trademarks, trademark applications and domains comprising the name “Privileg” (together the “Privileg Rights”). Whirlpool manufactures and markets domestic appliances, primarily for home use.
The activities of Whirlpool and Privileg overlap in major and small domestic appliances. However, the Commission’s investigation showed that the proposed transaction would not raise competition concerns as numerous competitors are active in the relevant markets and will continue to exercise significant competitive constraints on the parties.
The Privileg Rights were previously used by the now insolvent German retailer Quelle GmbH i.L. (Quelle) to market major and small domestic appliances, mainly in Germany and Austria. In November 2009, the Privileg Rights were acquired by the German home-shopping group Otto in the course of Quelles liquidation, together with other assets. The Commission cleared this transaction on 16 February 2010 subject to conditions.
The transaction was notified to the Commission for regulatory clearance on 2 June 2010.
