April 2001

Anticompetitive practices

The Commercial Court of the Queen’s Bench Division of the High Court of England and Wales makes a group litigation order in a competition case in the automobile sector (Prentice / DaimlerChrysler UK)
Reed Smith (London)
Gerald Barling is a justice of the High Court and president of the Competition Appeal Tribunal (CAT). He wrote an article “Collective Redress for Breach of Competition Law – A Case for Reform” published in Competition Law Journal Volume 10 Issue 1, 2011. In it he deals with Group Litigation Orders (...)

The UK Restrictive Practices Court orders the removal of the legal protection from price fixing on certain branded over-the-counter medicines (OTC Medecines)
Addleshaw Goddard (London)
Description of the impugned case Branded prescription only medicines and branded OTC medicines were granted an exemption in 1970 from the general prohibition of resale price maintenance in the Resale Prices Act 1964. After reviewing the position in 1995, the OFT decided to apply to the (...)

The Dutch Competition Authority receives communication from a group of supermarkets that they will abstain from price coordination behaviour on the market for milk distribution (Albert Heijn / Laurus / Schuitema / Dirk van den Broek / Nettorama)
Netherlands Authority for Consumers & Markets (The Hague)
Supermarkets Withdraw Surcharge on Milk, NMa Decides against Order Subject to Penalty* Albert Heijn, Laurus, Schuitema, Dirk van den Broek and Nettorama have informed the Dutch Competition Authority (NMa) that they will cease charging the surcharge of NLG 0.10 on milk that they introduced (...)

The Dutch Competition Authority finds price fixing and market sharing agreements engaged by the national association of general practitioners in breach of competition law (Landelijke Huisartsenvereniging)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Prohibits Agreements on Tariffs and on the Setting up of Practices by General Practitioners* In its decision on the policy with regard to setting up practices of Landelijke Huisartsenvereniging (LHV) [National Association of General Practitioners] and the collective negotiations conducted (...)

Unilateral Practices

The European Commission finds that the company which created ’Green Dot’ trademark, is restricting competition by abusing its dominant position in the market for organizing the collection and recycling of sales packaging in Germany (System Deutschland)
European Commission - Secretariat General
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European Commission - DG COMP (Brussels)
"Commission acts against Duales System Deutschland AG for the abuse of a dominant position"* Introduction On April 20, 2001, the Commission adopted a decision finding that Duales System Deutschland AG (DSD), a company which created ‘The Green Dot’ (Der Grüne Punkt) trademark, is restricting (...)

Mergers

The Spanish Competition Authority cleared a merger with divestment remedies in the retail distribution sector; in phase II, the Council of Ministries upheld and extended the remedies (Pío Coronado / Cemetro)
PwC (Madrid)
The operation The merger involved the acquisition of 100% of Cemetro’s shares by Pío Coronado. Pío Coronado was a large retail distributor in the Canary Islands, with 107 stores comprising hypermarkets (6), supermarkets (81) and smaller stores located on beachfronts (20). Pío Coronado was also (...)

The Danish Competition Council approved the merger between slaughter and meat processing companies subject to 11 different remedies across a range of pig slaughter and pork processing and distribution markets (Danish Crown / Steff-Houlberg)
Kromann Reumert
The operation Danish Crown A.m.b.a ("Danish Crown") was a limited liability co-operative society whose 21,000 members supplied it with pigs and cattle for slaughter. Danish Crown was vertically integrated to a very high degree and the largest slaughterhouse operator in Denmark. Its annual (...)

The US FTC imposes a host of conduct remedies, regulating business operations and reporting obligations, to prevent the exclusion of other competitors resulting from a vertical merger in the internet and cable industries (AOL / Time Warner)
Wachtell Lipton Rosen & Katz (New York)
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Hogan Lovells (Washington)
AFTER THE PUBLICATION OF OUR article, Antitrust Review of New Economy Acquisitions, in the Fall 2000 issue of this magazine, the federal antitrust authorities continued to leave their mark on the developing new economy. Two subsequent consent decrees—AOL-Time Warner and WorldCom-Intermedia— (...)

The Czech Competition Office cleared a merger in the glass products sector subject to maintainenance of current level of supplies (Bijou Terra/?BS)
Clifford Chance (Prague)
The operation Based on the acquisition agreement between Bijou Terra, s.r.o., and National Property Fund of the Czech Republic, Bijou Terra was to acquire nearly 90 % of shares in Železnobrodské sklo, a.s. (ŽBS) from the Czech state. ŽBS was a state controlled joint-stock company, specializing in (...)

The European Commission authorizes, subject to conditions, an acquisition in the office supplies sector (Buhrmann/Samas Office Supplies)
European Commission - DG ECFIN
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European Commission - DG COMP (Brussels)
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Financial Conduct Authority (FCA)
"Merger Control: Main developments between 1st January 2001 and 30th April 2001"* In April, the Commission granted clearance to the proposed takeover of Samas‘ office supplies business by Buhrmann, subject to the divestiture of the Dutch office supplies activities of Corporate Express, a (...)

The European Commission clears, subject to remedies, an acquisition in the terrestrial transport sector (Bombardier / ADtranz)
European Commission - DG ECFIN
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European Commission - DG COMP (Brussels)
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Financial Conduct Authority (FCA)
"Merger Control: Main developments between 1st January 2001 and 30th April 2001"* On 3 April the Commission decided to authorise the takeover of DaimlerChrysler‘s rail business division ADtranz by Bombardier of Canada, subject to commitments. As initially notified, the operation would have led (...)

State Aid

The European Commission raises no objections to an aid notified by the Italian authorities in favor of three high-tech R&D projects in microchips (ST Microelectronics)
European Commission - DG COMP (Brussels)
"Italy — Commission raises no objections to an aid in favour of ST Microelectronics for three high-tech R&D projects in microchips"* On 11 April 2001, the Commission decided not to raise objections to aid granted to the company ‘ST Microelectronics’ for a R&D project aiming at developing (...)

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