January 2002

Anticompetitive practices

The Malta Commission for Fair Trading rejected the application for a request for an individual exemption from a cooperative benefiting of a de facto monopoly in the funeral transport market (Cooperative motor hearse owners)
King’s College (London)
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Superior Courts of Malta
This decision concerns the request for the granting of an individual exemption (based on the Malta Competition Act) of certain ingrained anti-competitive practices carried out by the applicant co-operative in the funeral transport market. After a detailed examination of the essential requites (...)

The Netherlands Competition Authority decides that an umbrella organisation of hairdressers shall cease issuing recommended prices to its members (ANKO)
Netherlands Authority for Consumers & Markets (The Hague)
NMa: End to Recommended Prices Hairdressers’ Organisation* The Director-General of the Netherlands Competition Authority (NMa) has decided that the umbrella organisation of hairdressers, Koninklijke Algemene Nederlandse Kappersorganisatie ANKO [Royal Dutch Hairdressers Association] must cease (...)

Unilateral Practices

The German Competition Authority institutes abuse proceedings against 10 electricity network operators on account of their charging excessively high fees for network use (Allgäuer Überlandwerke)
German Competition Authority (Bonn)
The Bundeskartellamt has instituted abuse proceedings against electricity network operators* The Bundeskartellamt has instituted abuse proceedings against 10 electricity network operators on account of their charging excessively high fees for network use. The companies involved include the (...)

The German Competition Authority considers that the airline pricing strategy on the Frankfurt-Berlin route unfairly hindered a competitor to enter the market (Deutsche Lufthansa)
German Competition Authority (Bonn)
Bundeskartellamt warns Deutsche Lufthansa AG over its pricing strategy on the Frankfurt-Berlin route* According to a preliminary assessment the Bundeskartellamt considers Deutsche Lufthansa AG’s (DLH) pricing strategy on the Frankfurt-Berlin route as unfairly hindering its competitor Germania (...)

The German Competition Authority lodges an appeal on points of law at the Federal Supreme Court against the decision of the Higher Regional Court Düsseldorf in proceedings on abuse of dominance in the retail sector (WalMart)
German Competition Authority (Bonn)
Bundeskartellamt files appeal on points of law in the WalMart case (sales below cost price)* The Bundeskartellamt has lodged an appeal on points of law at the Federal Supreme Court against the decision of the Higher Regional Court Düsseldorf in the WalMart abuse proceedings. On 1 September (...)

Mergers

The Spanish Competition Authority conditionally clears a merger in phase II in the logistics sector, after the Council of Ministries having narrowed and time limited the remedies proposed by the Authority (Logista/Burgal)
PwC (Madrid)
The operation The merger involved the acquisition of Burgal by Logista. Logista is a logistics operator with a presence in many European countries, particularly in Spain and Portugal. Logistic services provided by Logista are divided into three categories: (i) wholesale distribution to (...)

The German Competition Authority deems that the proposed merger would impinge on the competition conditions on several markets in the sector for cable network communication (Liberty Media / KDG)
German Competition Authority (Bonn)
Bundeskartellamt issues warning regarding the Liberty Media/KDG merger project* According to the preliminary assessment of the Bundeskartellamt, the planned merger of Liberty Media/KDG (acquisition of broadband cable networks of Deutsche Telekom AG inter alia) would strengthen dominant (...)

The European Commission decides on the arrangements for demerging two French electrical equipment manufacturers whose merger was prohibited on the grounds that it created or strengthened dominant positions (Schneider/Legrand)
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 2002 and 30th April 2002"* On 30 January 2002 the Commission decided on the arrangements for demerging Schneider Electric and Legrand, two French electrical equipment manufacturers whose merger was prohibited in 2001 on the grounds that it (...)

The European Commission adopts a decision setting measures for the separation of Swiss-based company from French company, both active in the packaging industry, following its decision to prohibits the merger (Tetra Laval/Sidel)
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 2002 and 30th April 2002"* On 30 January 2002 the Commission adopted a decision setting measures for the separation of the Swiss-based Tetra Laval from the French company Sidel through the divestiture of Tetra‘s shareholding in Sidel. This (...)

The European Commission refers to the Norwegian Competition Authority the examination of the impact on the oil and gas markets of a proposed acquisition of an Anglo-Norwegian firm by another Norwegian company (Aker Maritime/Kvaerner)
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 2002 and 30th April 2002"* The Commission referred to the Norwegian Competition Authority the examination of the impact on the oil and gas markets of the proposed acquisition of the Anglo-Norwegian firm Kvaerner by Aker Maritime of Norway. (...)

The European Commission partially clears an acquisition by leading international player in a variety of agricultural businesses of a leading producer of starch (Cargill/Cerestar)
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 2002 and 30th April 2002"* The proposed acquisition of the French undertaking Cerestar by US company Cargill Inc. was cleared by the Commission with the exception of the deal’s impact in the UK market for sweeteners. The examination of (...)

The German Competition Authority prohibits acquisition of of a majority stake, since it would have strengthened dominant positions both in the gas and electricity sales markets (E.ON / Gelsenberg)
German Competition Authority (Bonn)
Bundeskartellamt prohibits E.ON/Gelsenberg (Ruhrgas) merger* The Bundeskartellamt has prohibited the acquisition by E.ON AG, Düsseldorf, (E.ON) of a majority stake in Gelsenberg AG, Essen. The merger would have strengthened dominant positions both in the gas and electricity sales markets. The (...)

The European Commission conditionally clears a merger in the manufacturing of small electrical household appliances (SEB/Moulinex)
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 2002 and 30th April 2002"* The Commission authorised SEB to acquire sole control of Moulinex. Both are French companies manufacturing small electrical household appliances. The Commission has imposed the condition that SEB must not use the (...)

State Aid

The European Commission holds that State aid in favor of a sawmill in Germany is incompatible with State aid law and orders its recovery (Pollmeier)
European Commission - DG COMP (Brussels)
"Germany – Commission takes two final partially negative decisions with recovery obligation with regard to aid to two sawmills in Mecklenburg-Vorpommern"* On 15 January 2002 the Commission decided to close, with two partially negative decisions, the procedures laid down in Article 88(2) EC with (...)

The European Commission takes a final partially negative decision with recovery obligation with regard to aid to a sawmill in Germany (Aid in favor of Klausner Nordic Timber)
European Commission - DG COMP (Brussels)
"Germany – Commission takes two final partially negative decisions with recovery obligation with regard to aid to two sawmills in Mecklenburg-Vorpommern"* On 15 January 2002 the Commission decided to close, with two partially negative decisions, the procedures laid down in Article 88(2) EC with (...)

The European Commission decides that a French bank had benefited from an overcompensation by the French State for its operation of savings account system (Crédit Mutuel, Livret Bleu)
European Commission - DG EAC
"Crédit Mutuel – Livret Bleu: Making sure that public services benefit consumers and not intermediaries"* Introduction On 15 January 2002, the Commission decided that Crédit Mutuel had benefited from an overcompensation by the French State, of the costs for operating the Livret Bleu system. (...)

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