November 2003

Anticompetitive practices

The Irish Competition Authority announces details of its investigation into allegations of retail price maintainance on the newspapers market (The Irish Times)
Irish Competition Authority
Newspapers to amend business practices considered anti-competitive by The Competition Authority* The Competition Authority today (13th December) announced details of its investigation into allegations that the price at which retailers sell newspapers was fixed. The Competition Authority has (...)

The Japan Fair Trade Commission renders its recommendations against participants in biddings for survey works and construction consultation works (Nagano Construction Office)
Japan Fair Trade Commission (Tokyo)
JFTC issues recommendation to participants in biddings for survey works and construction consultation works ordered by Nagano Construction Office of the Nagano Prefectural Government* The JFTC, following an investigation into participants in bidding for survey works and construction (...)

The Japan Fair Trade Commission issues its recommendations against participants in bidding for civil engineering and paving work (City of Shimizu)
Japan Fair Trade Commission (Tokyo)
JFTC issues recommnendation etc. to Businesspersons Partincipating in Bidding on Construction Projects ordered by the Former City of Shimizu in Shizuoka Prefecture* The Japan Fair Trade Commission conducted an investigation based on the stipulations of the Antimonopoly Act that targeted (...)

Unilateral Practices

The Italian Competition Authority fines the incumbent for abusing its dominant position in the electricity markets (Enel Trade-Clienti Idonei)
Desogus Law Office (Cagliari)
1. Introduction The Italian Competition Authority (AGCM) has imposed on Enel a fine of € 2,5 million for applying several exclusive dealing arrangements, which have been held to constitute an abuse of dominant position These arrangements were incorporated by Enel Energia (formerly known as Enel (...)

Mergers

The Czech Competition Office cleared in phase II a merger in the ultrasonic technology market subject to transfer of a viable stand-alone business and abandonment of efforts to re-acquire influence (General Electric Company/AGFA NDT)
Clifford Chance (Prague)
The operation By a decision dated 18 November 2003, the Office authorized in phase II the operation by which General Electric Company ("GE") acquired sole control of AGFA’s non-destructive testing ("NDT") equipment division by way of a stock and asset purchase agreement. The market(s) The (...)

The Estonian Competition Authority clears an acquisition by a major competitor subject to commitment to limit output, which was later amended (Finelin/A.Le Coq)
COBALT Legal
On 11 November 2003, the Estonian Competition Authority (ECA) cleared the acquisition of control by AS A.Le Coq (A.Le Coq) over OÜ Finelin (Finelin). As the merging parties had significant overlapping business activities on the Estonian soft drinks, bottled water, long drink and cider markets, (...)

The European Commission grants an unconditional approval of a merger in the electrical household appliances in relation to Spain, Finland, Ireland, Italy and the UK (SEB/Moulinex)
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European Commission - DG COMP (Brussels)
"Merger Control: Main developments between 1st September 2003 and 31st December 2003"* On 11 November 2003 the Commission granted an unconditional approval of the SEB/Moulinex merger in relation to Spain, Finland, Ireland, Italy and the United Kingdom. In January 2002 the Commission had (...)

The Estonian Competition Authority cleared a merger in the cider market with a commitment not to increase production above specified levels (A. Le Coq/Finelin)
General Electric (Brussels)
The operation By a decision dated 11 November 2003, the ECA authorised in phase I the acquisition by A. Le Coq (a subsidiary of Finnish Olvi Oy) of Finelin (para. 1). The market(s) The relevant market was defined by the ECA as the market for cider. The parties’ activities overlapped in a (...)

The French Minister of Economy cleared a merger in the large retail distribution sector with divestment remedies (Carrefour-ED/Treff)
University Paris II Panthéon‑Assas
The operation In its decision dated 7 November 2003, the Minister cleared with remedy the merger between the Carrefour group, owner of the retail food discount stores operating under the ED brand, and the company Sonnenglut Weinkellerei, owner of food discount stores operating under the Treff (...)

The Czech Competition Office clears in phase II a merger in the retail supply of pay-TV channels market subject to non-discriminatory third parties access to channels (Liberty media Corporation / UnitedGlobalCom)
Clifford Chance (Prague)
The operation By its decision from 5 November 2003, the Office authorized in phase II the change of control in UnitedGlobalCom ("UGC") from joint control to sole control, with Liberty media Corporation ("Liberty") acquiring the sole control. Liberty (through Discovery Communications Inc., its (...)

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