June 1997

Anticompetitive practices

The French Competition authority orders an opticians network to stop publishing prices “generally applied” within its exclusive distribution network (Krys)
PPG Industries (Rueil-Malmaison)
Description of the impugned case The present case deals with the commercial practices carried out by the optician Krys through its exclusive distribution network. Investigations have showed that Krys has led national promotion campaigns where prices were indicated has “generally applied” by the (...)

The Maltese Commission for Fair Trading rejected an individual exemption request concerning exclusivity agreements in the soft drinks distribution sector (General soft drinks I)
King’s College (London)
,
Superior Courts of Malta
This decision concerns a request for the granting of an individual exemption (based on the Malta Competition Act) concerning various exclusivity agreements that the local manufacturer of Coca-Cola had entered into with a considerable number of outlets. It is also to be noted that this request (...)

The Maltese Commission for Fair Trading rejected an individual exemption request concerning exclusivity agreements in the soft drinks distribution sector (General soft drinks II)
King’s College (London)
,
Superior Courts of Malta
The merits examined here are identical to those relative to Request Number 1 of 1997. To avoid useless repetition reference is made to the decision following that request.

Mergers

The Council of the EU amends the merger regulation with respect to full function co-operative joint ventures stating that they are subject to the merger regulation
DG COMP (Brussels)
"Mergers : Recent Developments and Important Decisions"* A change to the Merger Regulation whose effects can now be seen more clearly is the inclusion within its scope of operations known as ‘full function co-operative joint ventures’ (FFCJVs). The aim of the change is, broadly, to increase (...)

The Council of the EU amends the merger regulation concerning the suspension period within which a notified transaction cannot be implemented without special dispensation from the Commission
DG COMP (Brussels)
"Mergers : Recent Developments and Important Decisions"* An important change to the Merger Regulation concerned the suspension period within which a notified transaction cannot be implemented without special dispensation from the Commission (Article 7). Initial experience confirms the (...)

The Council of the EU extends the scope of the merger regulation in order to ensure a ’one-stop shop’ system at the Community level (Council Regulation (EC) No 1310/97)
DG COMP (Brussels)
"Merger : Summary of the most important recent developments"* Taking into account the considerable efforts, costs and legal uncertainty created by multiple national filings of the same transaction, the Council has decided to extend the scope of the Merger Regulation in order to ensure a (...)

The EU Commission prohibits the acquisition by leading retail operator in the Netherlands of toys outlets (Blokker / Toys ‘R’ Us)
DG COMP (Brussels)
"Merger : Summary of the most important recent developments"* On 26th June, the Commission decided that the acquisition by Blokker in February 1997, of the “mega” stores operated in The Netherlands by Toys ‘R’ Us would lead to the strengthening of Blokker‘s dominant position in the Dutch market of (...)

The European Commission enters a second-phase investigation into a proposed merger in the alcoholic beverages industry (Guinness/Grand Metropolitan)
DG COMP (Brussels)
"Merger : Summary of the most important recent developments"* On 16 May, Guinness PLC (“Guinness”) and Grand Metropolitan PLC (“GrandMet”) notified their intention to merge all of their business activities into a new entity. Guinness‘s principal business activities are in the distilling and (...)

The European Commission approves a merger between two French companies creating France’s largest industrial groups, notably active in the utility sector (Lyonnaise-des-Eaux/Suez)
DG COMP (Brussels)
"Merger : Summary of the most important recent developments"* In May 1997, the French groups Lyonnaise des Eaux and Compagnie de Suez proposed to merge their activities into a new entity, which becomes one of France’s largest industrial groups, notably active in the utility sector. After (...)

Procedures

The European Commission adopts a proposal for a joint decision to conclude an agreement between the EC and the government of the USA on the application of positive comity principles in the enforcement of their competition law
Freshfields Bruckhaus Deringer (Brussels)
"EC/US positive comity agreement"* On the 18th of June 1997 the Commission adopted a proposal for a joint Council and Commission decision to conclude an agreement between the European Communities and the Government of the United States of America on the application of positive comity (...)

Regulatory

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