January 1998

Anticompetitive practices

The U.S. Tenth Circuit Court of Appeals applies a “quick look” rule of reason analysis and ultimately rejects an association-wide salary cap imposed on a position within each member organization in the college basketball industry (Law/NCAA)
Akin Gump Strauss Hauer & Feld (Dallas)
The U.S. Tenth Circuit struck down an NCAA-wide salary cap imposed on the earnings of “restricted-earnings” coaches as an unreasonable restraint of trade. Instead of applying per se illegality to a price-fixing agreement, the Court determined that a “quick look” rule of reason was more appropriate (...)

The European Commission acknowledges the voluntary commitment offered by the EACEM to reduce stand by power use of TVs and VCRs for environmental purposes (European association of consumer electronics manufacturers)
AECOM (Dublin)
"EACEM scheme to reduce stand by power use of TVs and VCRs receives a comfort letter because of its environmental benefits"* The European association of consumer electronics manufacturers (EACEM) and sixteen of its members, all major manufacturers of televisions and video recorders, made a (...)

The French supreme Court confirms the NCA decision having ruled that the publication of a catalogue including prices combined with recommendations pursuant to which retailers are only allowed to apply a lower price when there is a fierce competition amounts to resale price maintenance (ITM)
PPG Industries (Rueil-Malmaison)
Description of the impugned case ITM manages a supermarkets’ network, mostly with franchisees. ITM has published in France during 1990 and 1991 a few millions of catalogues called “L’argus de la distribution” including the prices of washing powders. It also results from the investigations that (...)

Unilateral Practices

The European Commission rules that German airport abused it dominant position by refusing to grant access to facilities to some airlines carriers addressing the issue of the essential facility theory (Frankfurt airport)
European Commission - DG COMP (Brussels)
"One step beyond in the application of the essential facility theory"* On 14 January 1998, the European Commission adopted a decision finding that Frankfurt airport was abusing its dominant position by not giving access to other companies to provide ground handling services (third party (...)

State Aid

The European Commission authorizes the proposed R&D aid by the UK authorities for the development of a new generation of three high thrust aero-engines (Rolls-Royce)
European Commission - DG COMP (Brussels)
"ROYAUME-UNI. Feu vert de la Commission à l’octroi d’aides à la R&D en faveur de Rolls- Royce"* The Commission has authorised the proposed R&D aid by the UK authorities to Rolls-Royce for the development of a new generation of three high thrust aero-engines. The new engines will be (...)

The European Commission and the Portuguese government reach an agreement on the repayment of training aid to a joint venture in the automobile industry, that exceeded the applicable ceiling (AutoEuropa/Ford/Volkswagen)
European Commission - DG COMP (Brussels)
"PORTUGAL. Aides à la formation. Clôture du dossier"* The European Commission and the Portuguese Government have reached agreement on the repayment of training aid to AutoEuropa, a Ford/Volkswagen joint venture, that exceeded the applicable ceiling. The Commission has therefore decided to close (...)

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