May 2002

Anticompetitive practices

The Netherlands Competition Authority establishes that four new standard agreements between a beer producer and cafes and other businesses in the hospitality sector were not in conflict with the prohibition on cartels (Heineken)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Approves Heineken’s New Beer Contracts* NMa has determined that the four new standard agreements which Heineken enters into with cafes and other businesses in the hospitality sector are not in conflict with the prohibition on cartels. These agreements, also referred to here as the beer (...)

The Dutch Competition Authority decided that a beer standard agreements in the catering sector did not infringe national competition provision and therefore could not qualify for exemption (Heineken Nederland)
Government of Albania
On 14 December 2000 Heineken Nederland B.V. (Heineken) notified its (standard)agreements with the catering establishment employers with effect from 1 April 2000 to the Dutch Competition Authority (DCA) for a decision that they did not fall within Article 6 of the Dutch Competition Law Act (...)

The European Commission raises competition concerns about cooperation agreement between French and Italian airlines companies (Air France, Alitalia)
European Commission - DG COMP (Brussels)
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"Aviation: Commission raises competition concerns about co-operation agreement between Air France and Alitalia"* In November 2001, Air France and Alitalia notified to the Commission a number of co-operation agreements and requested an exemption under Regulation 3975/87, the regulation which (...)

A French Court overturned criminal sentences on the grounds that the undertakings did not play a decisive role and that the collusion did not produce a significant effect (AP-HP)
Kramer Levin Naftalis & Frankel (Paris)
In France, infractions of the rules on public procurement constitute the competition violations most frequently penalised both by the competition authorities and by the criminal judge. In the case examined, the incriminated behaviour was, however, somewhat different to the collusion usually (...)

Unilateral Practices

The German Competition Authority initiates a formal investigation against a member of a Swedish group on suspicion of abuse of dominant position on the market for supply of electricity (Bewag)
German Competition Authority (Bonn)
Abuse proceedings initiated against electricity* The Bundeskartellamt has initiated a formal investigation against Bewag AG, Berlin (Bewag), belonging to the Swedish Vattenfall group, on suspicion of the company abusing its dominant position as an electricity network operator. Bewag is (...)

Mergers

The European Commission refers the examination of a proposed concentration in the regional markets for the incineration of municipal and commercial wastes in Germany to the Bundeskartellamt (Nehlsen/Rethmann/SWB/Bremerhavener Entsorgungsgesellschaft)
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 European Commission referred the proposed acquisition of joint control of the Bremerhavener Entsorgungsgesellschaft mbH (BEG) by Karl Nehlsen GmbH & Co KG (Nehlsen), Rethmann Entsorgungswirtschaft GmbH & (...)

The Spanish Competition Authority cleared in phase II with remedies a merger in the retail sector, the Council of Ministries having upheld and extended the remedies proposed by the Authority (Caprabo/Enaco)
PwC (Madrid)
The operation The merger comprised Caprabo’s acquisition of 100% of Enaco, implemented through a takeover bid which was conditional on purchasing at least 80% of Enaco’s shares. Caprabo is a company with operations in retail distribution, with 390 supermarkets and hypermarkets in eight (...)

The Slovak Antimonopoly Office cleared a merger in the agro-chemistry sector with remedies, including divestment and separate management (Bayer/Aventis Cropscience)
Čechová & Partners
The operation By a decision dated 27 05 2002, the Antimonopoly Office of the Slovak Republic authorized the acquisition of exclusive control of the undertaking Bayer AG over the agro-chemical company AVENTIS on the markets of plant protection appliances. The market(s) The AMO defined a (...)

The French Minister cleared a merger in the pastas sector subject to an upfront buyer solution and a trademark differentiation agreement (Panzani / Lustucru)
French Competition Authority (Paris)
The operation The Minister granted conditional clearance to a merger between Panzani and Lustucru, which respectively held the first and the third position on the market for pasta. The market(s) concerned The relevant markets have been defined as the markets of dry and fresh pastas. Remedy (...)

The French Competition Council advises that the proposed acquisition of the French assets of an appliance manufacturer by one of its competitors should be authorised unconditionally since it does not lead to a strengthening of a dominant position and falls under the failing firm defence (SEB / Moulinex)
Herbert Smith Freehills (Paris)
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Tech Data
The French Competition Council advises that the proposed acquisition by SEB of Moulinex’ French assets should be authorised unconditionally since it does not lead to a strengthening of a dominant position and, in any event, falls under the failing firm defence (SEB / Moulinex) Background. When (...)

The Italian Competition Authority conditionally clears a merger in the sector of media (Groupe Canal+/Stream)
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Chiomenti (Rome)
The operation On 13 May 2002, the Competition Authority approved with conditions the acquisition by Group Canal+ (Canal+) of Stream S.p.A. (Stream) by way of purchase of shares. Canal+ is solely controlled by the French group Vivendi Universal. Canal+ is active in the production, distribution (...)

The European Commission gives conditional approval to the proposed acquisition of German cigarette manufacturer by UK cigarette manufacturer (Imperial Tobacco Group/ Reemtsma Cigarettenfabriken)
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 European Commission gave conditional approval to the proposed acquisition of German cigarette manufacturer Reemtsma Cigarettenfabriken GmbH by Imperial Tobacco Group Plc of the United Kingdom. The acquisition, (...)

State Aid

The European Commission raises no objections to German feed-in laws for electricity from renewable energy sources and combined heat and power
European Commission - DG COMP (Brussels)
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Agency for the Cooperation of Energy Regulators (ACER) (Slovenia)
"Commission raises no objections to German feed-in laws for electricity from renewable energy sources and combined heat and power"* On 22 May 2002 the Commission decided that the German laws on the promotion of electricity from renewable energy sources and from combined heat and power (CHP) do (...)

Procedures

The European Commission proposes to conclude an agreement with respect to EU/Japan cooperation
European Commission - DG JUST
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European Commission - DG COMP (Brussels)
"Enhanced EU/Japan co-operation : the Commission proposes to conclude an agreement"* Introduction On May 8, 2002, the Commission adopted a Proposal for a Council and Commission Decision concluding the Agreement between the European Communities and the Government of Japan concerning (...)

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