September 2001

Anticompetitive practices

The European Commission grants negative clearance for notified statutes and guarantee agreements and exempts the service agreements concerning the packaging waste recovery markets (DSD)
European Commission - Secretariat General
,
European Commission - DG COMP (Brussels)
,
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 UK competition commission Appeal Tribunal decides, contrary to the Director General of Fair Trading, that a council monitoring the sale of insurance infringed the Chapter I prohibition of the Competition Act 1998 by prohibiting the its members from dealing with any intermediary who is not a member or the agent or sub-agent of such a member (The Institute of Independent Insurance Brokers)
UK Competition and Markets Authority (CMA) (London)
A. Introduction On 17 September 2001 the United Kingdom Competition Commission Appeal Tribunal ("the CCAT") made an important ruling by deciding, contrary to the Director General of Fair Trading, that the General Insurance Standards Council’s ("the GISC") rules infringed the Chapter I (...)

Unilateral Practices

The German Competition Authority initiates proceedings against 22 electricity network operators on suspicion of excessive pricing for network use and impeding other electricity providers to enter the market
German Competition Authority (Bonn)
Investigation of 22 network operators on account of excessive fees for network use* The Bundeskartellamt has initiated investigatory proceedings against 22 electricity network operators on suspicion of their charging abusively excessive fees for network use and of impeding other electricity (...)

Mergers

The German Competition Authority allows an exemption from the ban on putting the merger into effect (Deutsche Post)
German Competition Authority (Bonn)
Deutsche Post allowed to put merger with trans-o-flex into effect subject to strict obligations* The Bundeskartellamt has lifted the ban on putting into effect the planned increase by Deutsche Post AG (DP AG) of its share in trans-o-flex Schnell-Lieferdienst GmbH, Weinheim (trans-o-flex) from (...)

The German Federal Cartel Office clears a merger in the dental product market with remedies, including the divestiture of a business unit and product line (Dentsply/Degussa Dental)
E.CA Economics (Berlin)
The operation On 19 June 2001 Dentsply International Inc., USA (Dentsply) notified the German Federal Cartel Office (FCO) of its intention to acquire the complete dental division of Degussa AG, Germany (Degussa). The German business of Degussa was run by Degussa Dental GmbH & Co KG, (...)

The Hungarian Competition Office cleared a merger in the security services and related telecommunications market sector subject to non-discrimination and information remedies (Magyar Távközlési - Group4 Securitas)
Clifford Chance
The operation Matávõr Kft. - which is owned by MATÁV - provides full-service to its clients on the security services market including the monitoring and operating security alarm systems on the whole territory of Hungary. The newly created joint venture overtook the whole businesses of Matávõr (...)

The German Competition Authority prohibits the concentration plans that would have led to firms involved gaining dominant positions on certain markets in the wholesale pharmaceutical sector (Sanacorp / Andreae-Noris Zahn)
German Competition Authority (Bonn)
Bundeskartellamt prohibits Sanacorp/Andreae-Noris Zahn concentration* The Bundeskartellamt has prohibited the concentration plans of Sanacorp e.G. Pharmazeutische Grosshandlung, Planegg, (turnover in Germany approximately DM 3.89 billion) to acquire a majority holding in Andreae-Noris Zahn AG, (...)

The European Commission approves, subject to remedies, a joint acquisition in the markets for transmission capacity and for mobile telephony (Pirelli/Edizione/Olivetti/Telecom Italia)
European Commission - DG COMP (Brussels)
,
Financial Conduct Authority (FCA)
"Merger Control: Main developments between 1st September 2001 and 31st December 2001"* The Commission approved the joint acquisition by Pirelli SpAand Edizione Holding SpA of the Olivetti SpA and indirectly of the undertakings controlled by the latter, namely Telecom Italia, which in turn owns (...)

The Czech Competition Office clears an acquisition in the chemestry sector subject to remedies, including guaranteing supply, avoiding or limiting price increase and transferring limited specified clients from its portfolio to competitors (Linde Technoplyn/Chemopetrol)
Wolf Theiss (Prague)
The operation Based on various agreements not yet in force on the date of the decision Linde was to acquire a major part of Chemopetrol’s business namely its carbon dioxide manufacturing line. Linde is a joint-stock company manufacturing various industrial gases. Chemopetrol is a joint-stock (...)

The German Competition Authority approves conditionally a merger on the market for air traffic (Lufthansa / Eurowings)
German Competition Authority (Bonn)
Lufthansa/Eurowings cleared subject to obligations* The Bundeskartellamt has cleared the merger of Lufthansa and Eurowings. The President of the Bundeskartellamt, Dr Böge, stated: „As a consequence of the decision, conditions and obligations will take effect which prevent a further consolidation (...)

The German Federal Cartel Office clears a merger in the retail furniture market with remedies, including the divestiture of a retail furniture store in the area of Hassfurt (Lutz Österreich/ Möbel Engelhardt)
E.CA Economics (Berlin)
The operation On 30 January 2001 ABRD-Möbelhandels-und Beteiligungsgesellschaft mbH (ABRD) and Löwengrund Immobilien GmbH (Löwengrund) notified their intent to purchase all the shares of Möbel Engelhardt GmbH & Co.KG (Engelhardt). Both Germany-based ABRD and Löwengrund belong to the Austrian (...)

The German Bundeskartellamt cleared a merger in the air transport sector subject to remedies, including the transfer of scheduled flight services, the making available of slots and the divestment of aircraft (Lufthansa/Germanwings)
Baker McKenzie (Dusseldorf)
The operation On 22 November 2000 the parties notified the Bundeskartellamt of the proposed acquisition of 49% of the equity capital of Eurowings Luftverkehrs AG (“Eurowings”) by Lufthansa AG (“Lufthansa”). Lufthansa and Eurowings are both civil aviation airlines and operate a number of related (...)

The Turkish Competition Authority cleared a merger in the shopping cards market subject to deletion of the non-compete clause (Boyner-Fiba)
Esin
The operation Prior to the transaction, Fiba Bank was a bank, whose shares were wholly owned by Fiba Holding, while Benkar was a company active in the consumer financing and banking services and 99.99% of its shares were being hold by Boyner. Benkar and Fiba Bank had entered into an agreement (...)

The European Commission refers to the German Bundeskartellamt the examination of the impact in the downstream markets for refined oil products of a proposed joint venture (BP/E.ON)
European Commission - DG COMP (Brussels)
,
Financial Conduct Authority (FCA)
"Merger Control: Main developments between 1st September 2001 and 31st December 2001"* The Commission referred to the Bundeskartellamt the examination of the impact in the downstream markets for refined oil products of a proposed joint venture between Deutsche BP and E.ON. The proposed (...)

State Aid

The European Commission authorizes a State aid package of € 152 million in favor of US conglomerate company for its new polycarbonate plant in Spain (GE)
European Parliament (Brussels)
"Spain — The Commission authorizes a State aid package worth € 152 million in favour of General Electric for its new polycarbonate plant in Cartagena"* General Electric’s new plant will cost € 630 million. Production of polycarbonate resins will start on 2002. This will be the second plant that (...)

The French Administrative Supreme Court ruled that EC competition provisions do not prevent public institutions to act as services providers competing with private undertakings (Guiavarc’h)
Université Aix-Marseille
French Administrative Supreme Court (Conseil d’État), 5 September 2001, G. Guiavarc’h, Case n° 225473, Droit administratif, January 2002, p. 18 Gweltaz Guiavarc’h claimed that the provisions relating to the conditions in which the public universities and the public research agencies can provide (...)

Public sector

The French Criminal Supreme Court upheld sentences inflicting prison and damages for bid-rigging (Claude M.)
Kramer Levin Naftalis & Frankel (Paris)
Supreme Court, Criminal Chamber, 26 September 2001, Case n° 00-86438, Claude M., not published Grenoble Court of Appeal, Criminal Chamber, 6 juillet 2000, Paul C., Claude M., Sté Dauphinoise de Travaux (SDE Travaux) , Case n° 99/01022, ecision n° 1092 Criminal Court of Grenoble, 1st Chamber, 30 (...)

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues