June 2001

Anticompetitive practices

The European Commission issues its first decision concerning retail price maintenance and imposes a € 30.96 million fine on German car manufacturer (Volkswagen)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
"First decision concerning retail price maintenance: Commission imposes a € 30.96 million fine on Volkswagen AG for retail price maintenance measures on the German market"* 1. Introduction On 30 May 2001, the European Commission adopted a decision imposing a fine of € 30.96 million on (...)

The French Competition Authority fines several construction companies for implementing anticompetitive market sharing and price agreements in the Côte d’Or department (Dijon Béton, Maggioni, Doras Matériaux, Pagot et Savoie & Bloc Matériaux)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. Price agreements and market sharing : the Conseil de la concurrence penalises producers and distributors of concrete and related products* In a decision dated 28th June 2001, following a referral by the (...)

The Dutch Competition Authority determines that an anti-peddling scheme applied in the painting branch contravenes the prohibition on cartels (Vereniging Belangen Behartiging Schildersbedrijf)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Prohibits Anti-Peddling Scheme in the Painting Branch* Today the Dutch Competition Authority (NMa) determined that the anti-peddling scheme applied in the painting branch contravenes the prohibition on cartels and is therefore prohibited. In November 1998 NMa indicated in a provisional (...)

The European Commission defines principles of competition for the packaging waste recovery markets (Eco-Emballages)
European Commission - Secretariat General
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European Commission - DG COMP (Brussels)
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European Commission - DG JUST
"The Commission defines principles of competition for the packaging waste recovery markets"* I. Context The Commission has received notifications of a number of comprehensive, nation-wide packaging waste recovery systems. It has recently taken decisions with respect to two of them, namely the (...)

The Maltese Office of Fair Trading condemns the setting up of a joint-venture aiming to respond to calls for tenders with a unitary offer (Roads Group)
King’s College (London)
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Superior Courts of Malta
If there is one activity, above all, that competition law should combat, it is the horizontal cartel: firms that should, in a market-based economy, compete with one another for business should not be able to cooperate with one another, for example by fixing prices, sharing markets and (...)

Unilateral Practices

The Maltese Commission for Fair Trading declared abusive the establishment of a target sales scheme excluding competitors’ products (Portanier Brothers)
King’s College (London)
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Superior Courts of Malta
In this case, the Maltese Commission for Fair Trading reached again the conclusion that there had been an infringement of the Competition Act. It concluded that the General Soft Drinks Co (’GSD’) had abused a dominant position in the market for one-litre bottles of carbonated soft drinks by (...)

Mergers

The EU Commission approves an acquisition by a French company providing wireless solutions for broadcasters and telecom operators of the Finnish supplier of distribution and transmission services to radio and TV broadcasters (YLE / TDF / Digita / JV)
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 1 May and 31 August 2001"* The Commission on 26 June approved an operation by which Télédiffusion de France (TDF), a France Télécom subsidiary providing wireless solutions for broadcasters and telecom operators, acquires a controlling stake in Digita, the (...)

The French Minister of Ecomics cleared in phase II a merger in the sector of construction while imposing to parties restriction of activities (Vinci/GTM)
French Competition Authority (Paris)
The operation In the case at hand, Vinci acquired the sole control of GTM, a Suez’ subsdiary. The market(s) The markets involved are the manufacture of road construction materials and the concessions of car parks. Remedy 1: Seller’s commitment Under the SPA concluded between Vinci and Suez, (...)

The French Minister clears a merger in the the market for electricity supply with remedy including divestiture (Vivendi Environnement/EDF/Dalkia)
French Competition Authority (Paris)
The operation The Minister clears the acquisition of joint control by EDF and Vivendi Environement of certain Dalkia’ subsidiaries. The market(s) Electricity supply, cogeneration, facilities management. Remedy 1 Given the monopolistic position of EDF in the market for the supply of (...)

The French Minister of Economy cleared a merger in the medical sector subject to remedies, including divestment and trademark license (Getinge Arjo France/ALM)
French Competition Authority (Paris)
The operation By the present transaction, Getinge will acquire the sole control of ALM. The market(s) The sector involved is the operating tables for surgical purposes. Remedy 1: Divestment Gettinge and ALM, are worldwide leaders in this market: they hold, respectively, the first and (...)

The EU Commission approves an acquisition in the bus sector (MAN / Auwärter)
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 1 May and 31 August 2001"* Following a thorough investigation, the European Commission on 20 June 2001 granted regulatory approval to the proposed takeover of Auwärter, the German company which makes the Neoplan buses and coaches, by the MAN group. The (...)

The European Commission starts an in-depth investigation into a planned online travel agency leading the parties to change the structure of their venture and to withdraw the merger (T-Online, TUI and C&N)
European Court of Justice (Luxembourg)
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European Commission - DG ECFIN
"Internet Joint Ventures and the Quest for Exclusive Content: The T-Online Cases"* Introduction EC and national competition law issues arising from the marketing of ‘premium’ content, such as travel services and sports news, via the Internet were at the centre of several recent competition (...)

The Czech Competition Office cleared a merger in the tiling materials and paints sector subject to maintainenance of current distribution networks, brands and supplies and other behavioural remedies (Lasselsberger/Deutsche Steinzug)
Clifford Chance (Prague)
The operation Pursuant to agreement dated 4 November 2000, LSBG INT acquired control over DS by acquiring a majority of its shares. THE LSBG INT, an Austrian company, is a sole shareholder of its Czech subsidiary, LASSELSBERGER s.r.o. ("LSBG"). LSBG owned 48% of shares in KERAMIKA Horní Bøíza, (...)

State Aid

The European Commission closes the art. 88(2) procedure in respect of regional venture capital funds in England
European Commission - DG COMP (Brussels)
"United Kingdom – Commission decides to close the Article 88(2) procedure in respect of Regional Venture Capital Funds in England"* On 6 June 2001 the Commission decided to close, with a positive decision, the procedure laid down in Article 88(2) EC with regard to the Regional Venture Capital (...)

The European Commission approves the extension of an aid scheme comprising measures notified by the Danish authorities in favor of companies with high energy consumption, and a high CO2 and energy tax burden
European Commission - DG COMP (Brussels)
"Denmark – Commission approves grants to large energy consumers"* On 6 June 2001 the Commission decided not to raise any objections to the extension of a scheme comprising measures in favour of companies with high energy consumption, and therefore a high CO2 and energy tax burden. A brief (...)

Regulatory

The European Commission adopts a regulation extending two block exemptions in the air transport sector (Reg. (EC) 1324/2001)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
"Extension of Block Exemptions in the Air Transport Sector"* On 29 June 2001 the Commission adopted Regulation 1324/2001 extending two block exemptions in the air transport sector. The new Regulation amends the existing air transport block exemption Regulation, Commission Regulation 1617/93. (...)

The French Competition Authority issues opinion on the conditions in which there may be possible concertation between consumer associations and representatives of a professional sector (Federal Union of Consumers)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. Concertation between consumer associations and the banking profession : the Conseil de la concurrence issues its opinion* Following a request for opinion by the Union Fédérale des Consommateurs (Federal Union (...)

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