Advocate General Kokott has issued an opinion on the appeal by Cementbouw Handel & Industrie BV (Cementbouw) against a judgment of the Court of First Instance (CFI) that upheld the European Commission's decision to grant retroactive conditional approval to the joint venture between Cementbouw and Franz Haniel & Cie GmbH (Haniel).

The Advocate General concluded that the CFI had been correct to find that the Commission was entitled to reject an initial remedies proposal, despite the fact that the remedies offered would have brought the concentration below the Merger Regulation jurisdictional thresholds. The Advocate General stated that the Commission's jurisdiction under the Merger Regulation arises at the time at which the duty to notify arises and is not altered by the subsequent offer of commitments to modify the concentration.