August 2002

Anticompetitive practices

The Netherlands Competition Authority imposes fines on a procurement collective and a wholesaler of veterinary pharmaceuticals for setting in place a system of exclusion of certain veterinarians (AUV / Aesculaap)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Fines Veterinary Cooperative for Cartel Agreements* The Netherlands Competition Authority (NMa) has imposed a fine of EUR 9.7 million on Coöperatieve Nederlandse Veterinair-Farmaceutische Groothandel A.U. (AUV) [Netherlands Veterinary Pharmaceutical Wholesale Cooperative A.U.] and a fine of (...)

The German Competition Authority examines in formal proceedings whether a contract system for acquiring waste services is compatible with competition law (Der Grüne Punkt Duales System)
German Competition Authority (Bonn)
Bundeskartellamt examines whether DSD is compatible with competition law* The Bundeskartellamt will examine in formal proceedings whether the contract system of “Der Grüne Punkt – Duales System Deutschland AG” (DSD, “The Green Dot”) is compatible with the Act Against Restraints of Competition (ARC). (...)

Unilateral Practices

The German Competition Authority aims to prohibit an electricity operator from demanding abusively excessive fees for network use (Stadtwerke Mainz)
German Competition Authority (Bonn)
Bundeskartellamt gives first warning on account of excessive fees for network use* The Bundeskartellamt intends to prohibit Stadtwerke Mainz AG from demanding abusively excessive fees for network use. This is the first warning issued in the course of the ten formal abuse proceedings relating (...)

The German Competition Authority prohibits Europe’s largest supplier of spices to implement exclusivity clauses in its supply contracts (Fuchs Gewürze)
German Competition Authority (Bonn)
Bundeskartellamt prohibits Europe’s largest supplier of spices, Fuchs Gewürze, from hindering a competitor* The Bundeskartellamt has prohibited Fuch Gewürze GmbH & Co., Dissen, (Fuchs) from unfairly hindering its competitor, Hartkorn Gewürzmühle GmbH, Koblenz, (Hartkorn). Fuchs is Europe’s (...)

The German Competition Authority discontinues abuse proceedings against members of a company group in the energy sector after receiving commitment to amend the tender system (Vattenfall Europe Transmission)
German Competition Authority (Bonn)
Abuse proceedings against Bewag, HEW and Veag concerning balancing energy discontinued* The Bundeskartellamt has discontinued its abuse proceedings against Bewag AG, Berlin (Bewag), Hamburgische Electricitäts-Werke AG, Hamburg, (HEW) and Veag AG, Berlin, all belonging to the Vattenfall group. (...)

The Netherlands Competition Authority finds no evidence that the television producer had infringed the competition law (Endemol)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Closes Investigation into Endemol* During its preliminary investigation into the position and practices of Endemol, NMa found no evidence from which it appeared that the television producer had infringed the Competition Act. NMa has therefore closed this investigation. The reason for the (...)

The German Competition Authority imposes fines on furniture manufacturer and a high-ranking staff member for abusively influencing the pricing policy of specialist outlets for baby products (PAIDI Möbel)
German Competition Authority (Bonn)
€110,000 fine imposed on nursery furniture manufacturer PAIDI* The Bundeskartellamt has imposed fines totalling €110,000 on PAIDI Möbel GmbH, Hafenlohr and a high-ranking member of staff for abusively influencing the pricing policy of specialist outlets for baby products. Between 1999 and the (...)

The Netherlands Competition Authority determines that all five mobile telephone operators have a dominant position on their own mobile telephone networks with regard to the termination of calls
Netherlands Authority for Consumers & Markets (The Hague)
NMa: Separate Market for Call Termination for Each Mobile Operator* All five mobile telephone operators in the Netherlands (KPN Mobile, Vodafone, Dutchtone, Ben en O2) have a dominant position on their own mobile telephone networks with regard to the termination of calls. A mobile telephone (...)

The UK Competition Commission Appeal concludes that a public body is an undertaking when "engaging in purchasing activities" (Bettercare Group Limited)
UK Competition and Markets Authority (CMA) (London)
A. Introduction On 1 August 2002, the Competition Commission Appeal CCAT ("the CCAT") made an important ruling on the application of competition law to publically financed healthcare bodies. In over-ruling the decision of the Office of Fair Trading ("the OFT"), the CCAT held that the North and (...)

Mergers

The Latvian Competition Authority clears a merger in the telecommunications sector with remedies including granting of access to infrastructure (Telia Sonera)
Raidla Lejins & Norcous (Riga)
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Cobalt Legal (Riga)
The operation On 7 June 2002 the Latvian Competition Council received a merger notification form Swedish company Telia Aktiebolag (plc) (Telia), about the merger of Telia and Finish company Sonera Corporation (Sonera). The merger was implemented by way of exchange of shares and resulted in (...)

The Netherlands Competition Authority approves acquisition on the market for lotteries and lotto games (Postal Code Lottery / Bank Giro Lottery)
Netherlands Authority for Consumers & Markets (The Hague)
NMa: Postal Code Lottery May Take over Bank Giro Lottery* The Netherlands Competition Authority (NMa) has given the Postal Code Lottery [Postcodeloterij] the go-ahead to take over the Bank Giro Lottery [BankGiroLoterij]. In the area of lotteries and lotto games, three players will remain (...)

The European Commission grants the referral requested by the Spanish Competition authorities with regard to the integration of the two satellite digital television platforms operating in Spain (Sogecable/Canalsatélite Digital/Vìa Digital)
European Commission - DG ECFIN
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European Commission - DG COMP (Brussels)
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European Commission - DG GROW
"Merger Control: Main developments between 1st May 2002 and 31th August 2002"* The Commission decided to grant the referral requested by the Spanish Competition Authorities with regard to the integration of the two satellite digital television platforms operating in Spain. The operation, which (...)

The Italian Competition Authority clears a merger in the sector of sugar with remedies (Societa Esercizi Commerciali Industriali -Co.Pro.B.-Finbieticola/Eridania-Eribrand)
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Chiomenti (Rome)
The operation On 1 August 2002, the Authority ruled that the takeover, as originally notified, could give rise to a collective dominant position by Seci-Sadam and Coprob-Finbieticola. Due to the involvement of Finbieticola, which represents sugar beet producers’ associations, the transaction (...)

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