January 2001

Anticompetitive practices

The Maltese Commission for Fair Trading grants an individual exemption despite a right of preference (Fair and exhibitions)
King’s College (London)
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Superior Courts of Malta
The decision concerns a circular issued by the applicant company to entrepreneurs who participate in the fairs and exhibitions it organizes. The specific issue raised concerned the granting of the right of preference to past exhibitors on the basis that these would have already invested in the (...)

Unilateral Practices

The Hungarian Competition Office finds that cable television service provider abused its dominant position through the general terms and conditions applicable to its subscription agreements (UPC)
lakatos, koves and partners
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lakatos, koves and partners
The Hungarian Competition Office (HCO) launched an investigation against UPC Magyarország Kft. (UPC), a major cable television service provider, in order to determine whether UPC abused its dominant position (a) when in two Hungarian towns, it unilaterally introduced new programme packages with (...)

Mergers

The European Court of First Instance annuls the Commission’s decision by which it authorizes the merger aspects of the restructuring of the German coal industry (RAG/Saarbergwerke/Preussag Anthracite)
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 31 January 2001 the Court of First Instance (‘CFI’) annulled the Commission’s decision of 29 July 1998 (COMP/ECSC.1252) by which the Commission authorised the merger aspects of the restructuring of the German (...)

The European Commission blocks the proposed takeover of Finnish tissue paper manufacturer by its Swedish competitor (Mölnlycke/Metsä Tissue)
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 31 January 2001, the Commission blocked the proposed takeover of Finnish tissue paper manufacturer Metsä Tissue by its Swedish competitor SCA Mölnlycke on competition grounds. This was only the 14th time that (...)

The European Commission approves, subject to remedies, a joint venture between UK and German pharmaceuticals companies (Smith & Nephew/Beiersdorf)
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"* At the end of January the Commission gave regulatory clearance to a proposed joint venture between British undertaking Smith & Nephew plc and Beiersdorf AG of Germany after the parties made substantial (...)

The US District Court for the Northern District of California hold that the State failed to establish prima facie case that a hospital merger would have anticompetitive effects (Sutter Health / Summit / Alta Bates)
Kentucky Department of Financial Institutions
The State of California brought suit against two hospitals claiming that the proposed merger would have anticompetitive effect in violation of Clayton Act. The State moved for preliminary injunction preventing merger from happening. Background: Defendants Summit and Alta Bates are hospitals (...)

The US FTC imposes the largest retail divestiture of its history, affecting multiple levels of the production chain, before clearing one of the largest mergers in the gasoline industry (Exxon / Mobil)
Akin Gump Strauss Hauer & Feld (Dallas)
On November 30, 1999 after an extensive and in-depth investigation, the FTC announced that Exxon Corporation and Mobil Corporation agreed to enter into a consent decree, in which the FTC mandated significant structural changes to the corporations prior to approving their merger. The consent (...)

The European Commission, after in-depth investigation, clears a merger between two nordic companies with world-wide activities in the production and distribution of machinery for the rock and mineral processing industry (Metso/Svedala)
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"* Following an in depth investigation, in January 2001 the Commission authorised the merger between Metso Corporation and Svedala AB, two Nordic companies with world-wide activities in the production and (...)

The German Competition Authority receives a withdrawal of the notification of intention to acquire a majority holding in a major competitor on the market for waste services (Rethmann / Interseroh)
German Competition Authority (Bonn)
Rethmann-Interseroh merger stopped* Rethmann AG & Co., Selm, has withdrawn the notification of its intention to acquire a majority holding in Interseroh AG, Cologne. In addition, it will reduce its current shareholding in Interseroh AG to a maximum of 15 per cent. Last year, the (...)

The Italian Competition Authority clears a merger in the media sector with behavioural remedies, including granting of non-discriminatory access (Seat Pagine Gialle/Cecchi Gori Communications)
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Chiomenti (Rome)
The operation On 23 January 2001, the Competition Authority authorized with conditions the acquisition by Seat Pagine Gialle S.p.A. of Cecchi Gori Communications S.p.A. by way of purchase of shares. SEAT Seat Pagine Gialle S.p.A. (SEAT) is an Italian company belonging to the Telecom Italia (...)

The European Commission refers to the Italian competition authorities the examination of the impact of a proposed acquisition on the Italian electricity sector (Infostrada/Enel/France Telecom)
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"* The Commission decided to refer to the Italian competition authorities – Autorità Garante della Concorrenza e del Mercato – the examination of the impact of the proposed acquisition of Infostrada by Enel and France (...)

The European Commission authorizes, subject to remedies, a merger between two US airlines (United Airlines/US Airways)
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 January, the Commission authorised UAL Corp., whose principal operating subsidiary is United Airlines Inc., to acquire US Airways Group Inc. The Commission’s review showed that the operation could raise (...)

The Spanish competition authorities fail to impose remedies to the two largest national electricity companies, leading to merger withdrawal (Endesa/Iberdrola)
PwC (Madrid)
The operation The operation involved Endesa’s acquisition of Iberdrola. The transaction included a divestment plan aimed at preventing the merged company from achieving a post-merger size larger than Endesa’s pre-merger size in the affected markets. Endesa was the largest electricity company in (...)

The Dutch Competition Authority decides after an initial investigation that a dominant position could emerge or be strengthened on the market for the sale of daily consumer goods through supermarkets as a result of the planned merger (Schuitema / Sperwer)
Netherlands Authority for Consumers & Markets (The Hague)
NMa to Investigate Further the Merger of Schuitema and Sperwer* The Dutch Competition Authority (NMa) today decided that a licence is required for the merger of the supermarket organisations Schuitema and Sperwer. After an initial investigation, NMa concluded provisionally that a position of (...)

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