November 2001

Anticompetitive practices

The European Commission fines pharmaceutical companies for participating in eight distinct secret market sharing and price-fixing cartels affecting vitamin products (Vitamins cartel)
Service européen pour l’action extérieure (EEAS)
"Commission adopts eight new decisions imposing fines on hard-core cartels 2. The vitamin cartels"* Following-up on two Decisions adopted earlier in the year 2001 (DecisionsSAS-MaerskandGraphite electrodes, both adopted on 18 July 2001: see Competition Newsletter 2001, Issue n°3), the (...)

The European Commission confirms its policy line in respect of horizontal agreements on energy efficiency of domestic appliances (CECD)
European Commission - DG COMP (Brussels)
"Commission confirms its policy line in respect of horizontal agreements on energy efficiency of domestic appliances"* On 14 November 2001, the Competition Directorate-General closed its examination of two agreements concluded under the aegis of and notified by the Conseil Européen de la (...)

The Netherlands Competition Authority grants an exemption from the prohibition on cartels for three quality management systems proposed by a marketing board on the market for production and distribution of grain-fed and milk-fed veal and beef (Productschap voor Vee en Vlees)
Netherlands Authority for Consumers & Markets (The Hague)
NMa: Agreement on Integral Production Chain Management Schemes for Veal and Beef* The Netherlands Competition Authority (NMa) has granted an exemption from the prohibition on cartels for three quality management systems of the Marketing Board for Poultry and Meat [Productschap voor Vee en (...)

Unilateral Practices

The French Competition Authority decides not to pursue proceedings against French TV for alleged failure to adhere to injunctions (Canal plus)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. Adherence to injunction : non-suit in Canal Plus case* Following a dual referral by the Minister of Economy and the companies Multivision and TPS concerning Canal Plus’ failure to adhere to injunctions issued (...)

Mergers

The European Commission partially refers to the German Bundeskartellamt a proposed acquisition in the market for wall building materials (Haniel/Ytong)
European Commission - DG COMP (Brussels)
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Financial Conduct Authority (FCA)
"Merger Control: Main developments between 1st September 2001 and 31st December 2001"* Shortly after the decisions were taken to open a Phase 2 investigation as well as to refer part of the Haniel/Fels case to the Bundeskartellamt, Haniel was involved in a case with Ytong which involved the (...)

The EU Commission investigates possible collective dominance in the publication paper industry (UPM-Kymmene / Haindl)
European Commission - DG COMP (Brussels)
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Conseil régional de Midi-Pyrénées
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European Commission - DG COMP (Brussels)
"Investigation into possible collective dominance in the publication paper industry"* On 20 June 2000, the Commission received a notification by which the Finnish firm UPM-Kymmene proposed to merge with the German company Haindl. On the same day, the Commission received a notification of a (...)

The Hungarian NCA approved a merger in the dairy industry subject to limitation of shares acquisition (Friesland Coberco Dairy Foods Holding/Koninklijke Numico)
lakatos, koves and partners
The operation The HCO authorized the acquisition of Numico by Friesland. FEH belongs to the Friesland Group and owns 33 per cent of the shares of MiZo, which has a market share of 10 per cent. MiZo is under liquidation. Nutricia with a market share of 30 per cent is one of the Hungarian (...)

The Netherlands Competition Authority imposes fines on post service major companies for providing incomplete information regarding a proposed takeover (Correct Express Beheer)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Issues Fines Due to Incorrect Notification of a Merger* The Director-General of the Netherlands Competition Authority (NMa) has imposed the maximum fine of NLG 50,000 on both Deutsche Post International B.V. and Trans-o-flex Schnell-lieferdienst GmbH. These fines have been imposed because (...)

The European Commission conditionally clears the acquisition by a Scandinavian banking group of sole control of a Swedish financial services provider owned by the Swedish post office (Nordbanken/Postgirot)
European Commission - DG COMP (Brussels)
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Financial Conduct Authority (FCA)
"Merger Control: Main developments between 1st September 2001 and 31st December 2001"* The Commission approved, subject to conditions, the acquisition by Scandinavian banking group Nordea of sole control of Sweden’s Postgirot Bank AB, a financial services provider currently owned by Posten AB, (...)

The Hungarian Competition Office clears the acquisition of de facto control over chemical producer (MOL/TVK)
lakatos, koves and partners
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lakatos, koves and partners
The Hungarian Competition Office (HCO) launched an investigation at the request of Hungarian Oil & Gas Company PlcMOL) to assess whether MOL’s acquisition of de facto control over Tiszai Vegyi Kombinát Rt.TVK) is permissible. MOL, a company listed in the Budapest Stock Exchange, is Hungary’s (...)

State Aid

The French State’s Council held that only measures affecting trade between member States and contrary to Art. 87 EC have to be notified (Glénat)
CRDEI - Centre de Recherche et de Documentation Européennes et Internationales
Well known for its comics publications, the Glénat publishers extended their reputation in State aid case law literature (Case commented in French, Dr. Adm., note M. Bazex et S. Blazy, February 2002, n° 21, p. 15 et RJF, February 2002, n° 249). The issue raised here is procedural. It concerns (...)

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