Collective dominance

Anticompetitive practices

Collective dominance: An overview of national case law
Liege Competition and Innovation Institute
,
Philippe & Partners (Brussels)
Since the Airtours saga, the European Union ("EU") law on collective dominance has entered into a period of relative repose. The shift from a structural approach to a more behavioral, game-theoretic approach is now embraced by the EU Commission, which has incorporated the case law of the EU (...)

The French Competition Authority fines several civil engineering companies for having distorted competition in the civil engineering sector in Saint-Pierre-et-Miquelon (GIE Exploitation des carrières)
French Competition Authority
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence fines several companies in the sector for having distorted competition in the civil engineering sector on the archipelago*. After starting ex officio proceedings, further to (...)

The EU Commission rejects antitrust complaint concerning ban on rotary valves in motorcar and motorcycle racing engines (BRV / FIA)
Van Bael & Bellis
In a recently published decision, which was adopted on 4 August 2011, the European Commission has rejected a complaint submitted by BRV Pty Ltd (“BRV”) which alleged that a group of undertakings – in particular, numerous vehicle engine manufacturers – had violated Articles 101 and 102 TFEU by (...)

The French Competition Authority refuses to condemn companies specialized in medical technologies despite their parallel behaviour (Ethicon / Tyco Healthcare France / Syndicat national des industries technologies médicales)
Europ Assistance
On the 29th August 2005 the Minister of Economy referred a case to the French Competition Authority (Autorité de la Concurrence) concerning observed parallelism in price operated by Ethicon SAS (Ethicon), Tyco Healthcare France (Tyco) and the national trade union of industries specialised in (...)

The French Competition Authority analyses parallel behaviour as proof of a concerted practice and excessive pricing by a dominant company, in the context of a price-regulated sector (Ethicon / Tyco Healthcare France / Syndicat national des industries technologies médicales)
Cabinet Dieny
I. Introduction The main interest of this decision of the French Competition Authority (hereafter « the Competition Authority ») lies in its analysis of parallel behaviour as proof of a concerted practice, on the one hand, and excessive pricing by a dominant company, on the other, in the context (...)

The French Supreme Court recalls the conditions for the demonstration of collective dominance (Lafarge Ciments / Vicat)
Hewlett Packard (Boulogne-Billancourt)
On 9 July 2009, the French Supreme Court (the "Supreme Court") partially quashed a decision of the Paris Court of Appeal ruling that two cement operators (Lafarge and Vicat) had abused their collective dominant position on the market for the supply and distribution of cement in Corsica. This (...)

The Finnish Competition Authority imposes commitments on the pricing of ATM withdrawals by three banks which own the dominant ATM operator (Norde Bank / OP Bank / Sampo Bank)
Roschier (Helsinki)
The Finnish Competition Authority (“FCA”) has on 18 June 2009 imposed binding commitments on Nordea Bank Finland Plc (“Nordea”), OP-Pohjola Group (“OP”) and Sampo Bank Plc (“Sampo”) (jointly “Banks”) concerning their pricing of ATM withdrawals. The Banks own Automatia Pankkiautomaatit Oy (“Automatia”), (...)

The Paris Court of Appeals upholds the French Competition Council’s decision on cement supply and distribution in Corsica but reduces fines (Lafarge Ciments / Vicat)
Hewlett Packard (Boulogne-Billancourt)
On 6 May 2008, the Paris Court of Appeals (the "Court of Appeals") upheld a decision of the Conseil de la concurrence (the "Competition Council") in case 07-D-08 on 12 March 2007 (Decision 07-D-08) relating to practices in cement supply and distribution in Corsica. In its decision, the (...)

The UK Competition Appeal Tribunal upholds the OFT decision rejecting a complaint against alleged abusive practices by local publishers (Brannigan)
Quebec Department of Justice
A. Introduction In Terry Brannigan v. Office of Fair Trading, the Competition Appeal Tribunal’s (CAT) does not apply European competition law. However in this decision the CAT deals with several interesting legal issues for any European competition lawyer, especially those involved in the (...)

The French Competition Authority sanctions two French cement manufacturers for keeping for themselves the supply of Corsica to the detriment of foreign competitors (Lafarge Ciments / Vicat)
French Competition Authority
Press Release published on the official website of the French Competition Authority. Supply and distribution of cement in Corsica: Conseil de la concurrence imposes fine of €25 million on cement manufacturers Lafarge and Vicat, and their distributors, for keeping for themselves the supply of (...)

The French Competition Authority hands down interim measures in the ADSL television sector (France Télécom / TPS)
French Competition Authority
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence hands down interim measures in the ADSL television sector.* In its decision 04-MC-01 of 15th April 2004, the Conseil de la concurrence handed down interim measures against the (...)

The French Competition Authority orders interim measures to address competition concerns in the press distribution sector (NMPP)
French Competition Authority
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence announces interim measures concerning NMPP.* In a decision dated 22 December 2003, the Conseil de la concurrence, following a case filed by Messageries Lyonnaises de presse (...)

The European Court of First Instance delivers its judgment in the TACA case upholding the Commission decision concerning infringements of articles 81 and 82 of the EC Treaty
European Commission - DG COMP (Brussels)
"The TACA judgment: lessons learnt and the way forward"* Introduction On 30 September 2003, the Court of First Instance (CFI) delivered a long-awaited judgment in the Transatlantic Conference Agreement (‘TACA’) case. The case concerned the organisation of containerised liner shipping services (...)

The Maltese Office of Fair Trading condemns the setting up of a joint-venture aiming to respond to calls for tenders with a unitary offer (Roads Group)
King’s College (London)
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Superior Courts of Malta
If there is one activity, above all, that competition law should combat, it is the horizontal cartel: firms that should, in a market-based economy, compete with one another for business should not be able to cooperate with one another, for example by fixing prices, sharing markets and (...)

The Luxembourg Competition Authority releases a termination decision removing suspicions of competition law infringements consisting in cross-subsidizing and abuse of collective dominance by a press group concerning a free daily newspaper (Nicolas / L’Essentiel)
Brown Brothers Harriman (BBH) (Luxembourg)
,
Arendt & Medernach (Luxembourg)
The Luxembourg Competition Council has released a termination decision on 2 July 2009 (Décision n° 2009-FO-01) removing suspicions of competition law infringements by the Groupe de Presse Nicolas. Generally speaking, the case is interesting in the sense it shows how market players active in the (...)

Dominance

The Court of Bosnia and Herzegovina upholds the infringement decision of the Competition Authority of Bosnia and Herzegovina concerning abuse of dominant position on the market for fast money transfer services (Raiffeisen Bank)
University of Technology (Tallinn)
On 6 November 2012 the Competition Authority of Bosnia & Herzegovina (KV) found that four Western Union agents have abused their collective dominant position on the market for fast money transfer services by including the exclusivity clauses in their cooperation agreements with the banks (...)

The Italian Supreme Court confirms a rejection of damages claim for alleged abuse of collective dominance (Delta Impianti)
Cleary Gottlieb Steen & Hamilton (Rome)
On 5 March 2014, the Italian Supreme Court upheld a judgment of the Court of Appeals of Catania, dated 2 May 2006, which rejected a damages claim for alleged abuse of collective dominance consisting in the imposition of unfair prices and other trading conditions, as well as in discriminatory (...)

The Lithuanian Competition Council fines two retailers for imposing unfair conditions on their food and drinks suppliers (Norfos mazmena / Rivona)
Sorainen (Vilnius)
On January 24 2014 Competition Council of the Republic of Lithuania (LCC) fined two retailers - Norfos Mažmena, UAB Norfa, UAB (Norfa) and Rivona, UAB (Rivona) – for establishing provisions in their wholesale and purchase agreements which failed to comply with the requirements of the Law on the (...)

The Israeli Antitrust General Director intends to declare two seaports companies ’an oligopoly’ (Ports of Haifa and Ashdod)
ESHEL, ASHLAGI, ROZENT - LAW OFFICES
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ESHEL, ASHLAGI, ROZENT - LAW OFFICES
On May 16, 2013, according to a press release published by the Antitrust Authority (the "Press Release"), the Restrictive Trade Practices General Director (the "General Director") informed the Ashdod Port Company Ltd. and the Haifa Port Company Ltd., the governmental companies operating the (...)

The Polish Office of Competition and Consumer Protection opens proceedings against mobile telephony operators for alleged abuse of collective dominant position (Polska Telefonia Cyfrowa, Centertel, Polkomtel)
European Commission
Poland: The Office of Competition and Consumer Protection (UOKiK) opens Proceedings against Mobile Telephony Operators for alleged Abuse of Collective Dominant Position* On 18 March 2013, the President of the Polish Office of Competition and Consumer Protection (UOKiK) opened antimonopoly (...)

A U.S. Court dismisses claims of “shared monopoly” against two companies in the market for rail freight transportation services (Union Pacific and BNSF)
Cornell University
On February 26, the United States District Court for the District of Columbia granted defendants’ motion to dismiss Section 1 and Section 2 claims against Union Pacific Railroad Company ("UP") and BNSF Railway Company ("BNSF"). (Oxbow Carbon & Minerals LLC, et. al., v. Union Pacific Railroad (...)

The Specialized Administrative Court of Kazakhstan fines two major regional cement producers for a tacit collusion (Semei Cement Plant / Bukhtarma cement company)
Center for Development and Protection of Competition Policy
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Ernst & Young (Astana)
The regional division of the Antimonopoly agency – the Antimonopoly inspection of the East Kazakhstan oblast (‘Inspection’) conducted an investigation over the main competitors in the regional cement market, "Semei Cement Plant" LLC (‘LLC’) and "Bukhtarma cement company" JSC (‘JSC’), whose main (...)

The Spanish Competition Authority imposes fines of nearly € 120 M on telecom operators for having abused of their dominant position in the wholesale telephone sort messaging market (Telefonica / Vodafone / Orange)
University of Castilla-La-Mancha (UCLM)
The Council of the CNC (Comisión Nacional de la Competencia) has ordered fines of € 46.490,00 on Telefónica Móviles España, € 43.525,00 on Vodafone and € 29.950,00 on Orange. In January of 2011 the Investigations Division of the Spanish Competition Authority opened an infringement proceeding against (...)

The Competition Authority of Bosnia and Herzegovina finds an abuse of a collective dominant position on the market of fast money transfer services (Western Union)
University of Technology (Tallinn)
On 6 November 2012 the Competition Authority of Bosnia & Herzegovina (KV) found that four Western Union agents have abused their collective dominant position on the market for fast money transfer services by including the exclusivity clauses in their cooperation agreements with the banks (...)

The Competition Authority of Bosnia & Herzegovina closes its investigation into the alleged predatory pricing practices on the market for TV commercials
University of Technology (Tallinn)
On 5 May 2011 the Competition Authority of Bosnia & Herzegovina (KV) rejected an abuse of collective dominance complaint lodged by the public TV operator Radiotelevizija Bosne i Hercegovine (BHTV) against a number of public and private TV companies (Radiotelevizija Federacije BiH (FTV), (...)

The Serbian Competition Authority fines two leading dairy food companies for abusing their dominant position on the raw milk market (Mlekara / Imlek)
University of Technology (Tallinn)
On 24 January 2011 the Serbian Competition Authority (KZK) fined the two leading dairy food companies Mlekara and Imlek (both controlled by Danube Foods Group BV) for the abuse of joint dominant position on the market for purchasing the raw milk from the dairy farms. For each of the two (...)

The Croatian Constitutional Court upholds the judgment of the Administrative Court confirming its previous position on the application of EU competition rules (Tisak)
University of Zagreb - Faculty of Economics and Business
Tisak d.d., one of the two biggest wholesale distributors of newspapers in Croatia, submitted on 6 May 2010 a constitutional complaint to the Constitutional Court of the Republic of Croatia against a judgement of the Administrative Court of the Republic of Croatia which confirmed a decision (...)

The Hellenic Competition Commission rejects complaint and reports that allege refusal to supply constitutes abuse of dominance (Ioannis Georganas / Odeon, Prooptiki, Village Roadshow, United International Pictures)
TM Law Offices
The case concerned a complaint lodged before the Hellenic Competition Commission (hereinafter HCC) by Ioannis Georganas (hereinafter the complainant), regarding allegations that Odeon SA and Prooptiki SA had violated Articles 1, 2 and 2a of Law 703/1977 (the domestic equivalents of Articles 101 (...)

The French Competition Authority fines for the first time two companies for breaching their commitments undertaken under the settlement procedure (Neopost)
Norton Rose Fulbright (Paris)
On 30 June 2010, the French Competition Authority handed down its first decision whereby it imposed sanctions on two undertakings for having breached their commitments signed five years earlier, in the framework of the settlement procedure set forth under article L. 464-2 III of the French (...)

The Paris Court of Appeal quashes the French Competition Council’s finding of an abuse of a collective dominant position (Lafarge Ciments / Vicat)
University College London
On 15 April 2010, the Paris Court of Appeal (Court of Appeal) handed down a judgment setting aside part of the decision of the Conseil de la Concurrence (now the Autorité de la Concurrence) in the case La Société Vicat S.A. et La Société Lafarge Ciments. The Court found that the Conseil de la (...)

The Serbian Competition Authority finds abuse of a dominant position on the market of fast money transfer services (Western Union)
University of Belgrade
On January 12, 2010, the Serbian Competition Authority (Komisija za zastitu konkurencije) adopted a decision against companies EKI Transfers and Tenfore, both Western Union’s Serbian agents, for the abuse of a dominant position on the relevant market of fast money transfer services in Serbia. (...)

The High Court of Ireland holds that Dublin local authorities abused their dominant position in the household waste collection market in an attempt to remove rival private operators (Nurandale / Panda Waste services)
Arthur Cox (Dublin)
Nurendale Limited t/a Panda Waste Services v Dublin City Council & Ors arises out of a change (“Variation”) to the Waste Management Plan for the Dublin Region 2005-2010 made collectively by the four Dublin local authorities on 3 March 2008. Panda Waste Services (“Panda”) challenged this (...)

The French Supreme Court clarifies the standard of proof applicable to collective dominance pursuant to Art. 82 EC and its French equivalent (Lafarge Ciments / Vicat)
White & Case (Paris)
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Cullen International
On 7 July 2009, the French Supreme Court rebutted a case dated 6 May 2008 by the Paris Court of Appeal partially annulling a decision by the French National Competition Authority (the “NCA”) sanctioning two French cement manufacturers, Lafarge and Vicat, and their main distributors in Corsica for (...)

The Canadian Competition Authority applies its novel approach to Joint Dominance in the waste sector (Waste Services and Waste Management)
Université de Laval
On June 16, 2009 the Canadian Competition Tribunal filed a consent agreement between the Commissioner of Competition and two commercial waste collection firms, Waste Services (CA) Inc. ("WSI") and Waste Management of Canada Corporation ("WM"), to resolve issues raised by contracts each firm (...)

The French Competition Council hands out two key decisions in relation to the concept of abuse of state of economic dependence (Concurrence - National union of the written press distributors SNDP)
Freshfields Bruckhaus Deringer (Paris)
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Lni avocats (Paris)
A provision specific to French competition law In France, in addition to the prohibition against the abuse of a dominant position, national competition law prohibits the abusive exploitation by a company or a group of companies (not necessarily dominant) of a situation of economic dependence (...)

The Lazio Regional Administrative Tribunal upholds a Competition Authority’s decision finding that mobile phone operators do not hold a collective dominant position in the market for access to mobile phone network (Eutelia)
Latham & Watkins (Brussels)
Introduction The Regional Administrative Tribunal of Latium, Rome office, First Chamber (“TAR Latium”) by a judgment of 31 December 2008, has upheld a decision of the Italian Antitrust Authority (“IAA”) finding that the Mobile Network Operators (“MNOs”) TIM, Vodafone and Wind do not hold a (...)

The Lazio Administrative Tribunal rejects appeals regarding margin squeeze in the Italian telecoms market (Telecom Italia / Wind)
Van Bael & Bellis (Brussels)
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Practising Law Institute
In a recently published judgment of 23 January 2008, the Lazio Administrative Tribunal (“LAT”) has rejected the appeals brought by Telecom Italia and Wind against the decision of the Italian Competition Authority (“ICA”) finding that Telecom and Wind had abused their respective dominant positions (...)

The Italian Competition Authority accepts for the first time commitments but also imposes fines in the same case (Vodafone / TIM / Wind)
Paul Hastings (Milano)
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Linklaters (Milan)
On 3 August 2007, the Italian Antitrust Authority ("IAA") closed proceedings initiated against three telecom companies (Tim, Vodafone and Wind) with a decision which affirmed important principles in Italian procedural competition law. There is, however, room for debate as to whether the (...)

The Italian Competition Authority accepts commitments from the main mobile phone operators following investigations on alleged abuse of joint dominant position (Vodafone / TIM / Wind)
Studio Legale DDPV
The Italian antitrust Authority closed an investigation against the main mobile phone operators in Italy (Telecom Italia Mobile SpA , Vodafone Omnitel and Wind) for an alleged abuse of their joint dominant position in the markets of telecommunication services in Italy. In particular, the (...)

The UK Competition Appeal Tribunal rejects rival newspaper publishers complaint of alleged abusive anti-competitive practices (Brannigan)
London Borough of Barking and Dagenham
On July 26th 2007 the Competition Appeal Tribunal (“CAT”) unanimously dismissed an appeal brought by Mr. Brannigan, who challenged the OFT’s refusal to investigate the complaint under the Competition Act 1998. Mr. Brannigan was a proprietor of two local newspapers in East Sussex. He alleged that (...)

The Italian Competition Authority accepts commitments in the mobile telephony market closing its investigation against the three mobile network operators under Art. 81 and 82 EC (Tele2 / Vodafone / TIM / Wind)
The Italian Competition Authority (AGCM) continues to use its new powers to issue commitments decisions. Similarly to article 9 of Council Regulation (EC) n° 1/2003, of 16 December 2002, on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJEC L 1, 4 (...)

The Russian Competition Authority imposes a fine of € 35 M for excessive pricing in the potassium chloride market (Silvinit / Uralkalii)
Gibson Dunn
On 23 April 2007, the Russian Federal Antimonopoly Service ("FAS Russia") decided that the two only Russian producers of potassium chloride, Silvinit and Uralkalii, were in breach of Article 10(1) of the Russian Federal Law on the Protection of Competition by abusing their dominant position. (...)

The French Competition Authority refuses to order interim measures regarding alleged eviction practices implemented in the sector of shipping transport between Corsica and the continent (CMN / SNCM)
French Competition Authority
Press Release published on the official website of the French Competition Authority. Renewal of public service delegation contract / Corsica-Marseilles: New referral by Corsica Ferries: Conseil de la concurrence does not order interim measures but decides to continue the examination on the (...)

The EU Commission analyzes the broadband wholesale market in Malta addressing the issue whether two access providers are enough (Maltacom / Melita Cable)
European Commission - DG CNECT
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"Broadband competition in Malta: are two access providers enough?"* The current Regulatory Framework promotes the establishment of competitive markets for electronic communication networks and services. The market conduct and performance we see today are, however, often based on service (...)

The Paris Court of Appeal rejects the complaint of a French wholesaler-exporter of pharmaceutical products and allows quotas and refusals to sell (Pharma-Lab)
Total (London)
On 23 January 2007, the Paris Court of Appeal (hereinafter the “Court”) issued a judgment in which it dismissed an appeal filed against a decision rendered by the French Competition Council (the “Council”) pursuant to Articles 81 and 82 EC and national provisions similar to those articles. In this (...)

The French Competition Council issues an opinion on the distinction between abusive and legitimate exercise of a trademark (UEEFL)
White & Case (Paris)
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French Competition Authority
The French Competition Council issued on the 14 April 2006 an opinion regarding the application of French and EC antitrust rules (Articles L. 420-1 and L. 420-2 of the French Commercial Code and Articles 81 and 82 of the EC Treaty) regarding the fruit and vegetables sector in the French region (...)

The Polish Competition Authority rules on collective dominance in the mobile telephony sector (Polska Telefonica Cyfrowa / Centertel / Polkomtel)
Comper Fornalczyk & Partners
Article 25 recital 2 of the Polish Telecommunication Act provides the President of the Polish Office of Electronic Communication (Telecom Regulator) with the power to consult the Competition Authority regarding the market structure in question. The President of the Polish Office of Competition (...)

The EU Commission renders a decision on collective dominance under the European consultation mechanism on electronic communications in a case related to the market for wholesale mobile access and call origination in Ireland (Vodafone / O2 / Meteor)
European Commission - DG EMPL
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"First collective dominance cases under the European consultation mechanism on electronic communications"* In the first semester of 2005, the Commission dealt with two collective dominance cases in the electronic communications sector. Both cases were notified to it under the so-called (...)

The EU Commission renders a decision on collective dominance under the European consultation mechanism on electronic communications in a case related to the market for broadcasting transmission services in the UK (Crown Castle)
European Commission - DG EMPL
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"First collective dominance cases under the European consultation mechanism on electronic communications"* In the first semester of 2005, the Commission dealt with two collective dominance cases in the electronic communications sector. Both cases were notified to it under the so-called (...)

The French Competition Authority asks the Minister of Economy to conduct a review after establishing that two companies have abused their dominant position in the markets for water and purification (Compagnie générale des eaux and Lyonnaise des eaux)
French Competition Authority
Press release published on the official website of the French Competition Authority. Water market : the Conseil de la concurrence asks the Minister to raise questions over the joint subsidiaries of CGE and SLDE* In a decision dated 11th July 2002, the Conseil de la concurrence, which had (...)

Mergers

The Turkish Competition Board clears a joint venture in the natural gas market (Akpol / Gazprombank)
Kinstellar (Istanbul)
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Kinstellar
A. Introduction On 18 July 2013, the Turkish Competition Board (“Board”) issued its reasoned decision on the formation of a joint venture in Turkey by (i) Akpol İnşaat Mühendislik Proje ve Ticaret A.Ş. (“Akpol”) and (ii) Prima Energy Trading LLC (“Prima”), which is a wholly-owned subsidiary of (...)

The German Competition Authority prohibits merger between cable network operators (Tele Columbus / Kabel Deutschland)
Van Bael & Bellis (Brussels)
On 22 February 2013, the German Federal Cartel Office (“FCO”) prohibited the proposed acquisition of Germany’s third-largest cable network operator, Tele Columbus GmbH (“Tele Columbus”), by the country’s biggest cable network operator, Kabel Deutschland Holding AG (“Kabel Deutschland”). (...)

The German Competition Authority clears merger in the healthcare industry despite presumed market dominance and a presumed oligopoly, and applies a rather detailed economic analysis, in relation to the SIEC and the old dominance test (Fresenius Kabi / Fenwal)
Jones Day (Brussels)
The Bundeskartellamt cleared the merger between Fresenius Kabi and Fenwal following its Phase II investigation. The merger concerned the healthcare sector and, in particular, the market for blood transfusion technology and the manufacture of products used in blood collection, filtration and (...)

The French Competition Authority fines a media group for breach of merger commitments and requires unwinding or re-notifying merger (TPS / Canal Sat)
Jones Day (Brussels)
In an unprecedented decision, on September 20, 2011, the French Competition Authority (Autorité de la concurrence) withdrew the authorization granted in 2006 for Canal Plus to merge with TPS, on the ground that Canal Plus Group subsequently breached some of the conditions of the merger (...)

The French Competition Authority fines two media groups for violating merger remedies in the satellite TV sector (TPS / Canal Sat)
EDHEC (Nice)
Summary The merger between TPS and Canal Satellite, Vivendi Universal and Canal plus Group’s satellite television subsidiary, was cancelled and the companies had to pay a 30 million euro fine and re-submit their merger. Facts In 2006, Canal plus group and Vivendi Universal group decided to (...)

The Chinese MOFCOM issues draft rules on merger assessment inviting public comments
China Competition Bulletin
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China Competition Bulletin
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Institute of American Studies
MOFCOM Invited Comments on the Interim Provisions on the Assessment of Competitive Effects of Concentrations of Undertakings* The MOFCOM issued the draft Interim Provisions on the Assessment of Competitive Effects of Concentrations of Undertakings (Merger Assessment Rules) on 3 June 2011 and (...)

The German Federal Cartel Office blocks a joint‐venture for the creation of an online video on demand platform by the two leading German TV broadcasters (RTL / Pro7Sat1)
NOCON
I. Transaction RTL and Pro7Sat1 planned to set up an online video on demand (VOD) platform which allows users toaccess and watch professional video content. The concept of the platform was to provide content that has already been transmitted on TV and can be accessed free of cost for seven (...)

The Italian Competition Authority starts a second phase investigation into a banking merger for allegedly anti-competitive coordinated effects (Intesa San Paolo / Banca Monte Parma)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA) has decided to open a Second Phase investigation into the Intesa San Paolo (ISP) acquisition of Banca Monte Parma (BMPR). The ICA held that the transaction was likely to result in the creation or strengthening of a dominant position in a number of banking (...)

The Düsseldorf Court of Appeals annuls the decision by the German Federal Cartel Office which prohibited a petrol distributor acquiring 59 petrol stations (Total / OMV)
Fried Frank Harris Shriver & Jacobson (London)
I. Introduction On August 4, 2010, the Düsseldorf Court of Appeals (the Court) annulled the decision by the German Federal Cartel Office (FCO) which prohibited Total Deutschland GmbH (Total) acquiring 59 petrol stations from OMV Deutschland GmbH (OMV). This judgment is a setback for the FCO, (...)

The German Federal Court of Justice reverses the Düsseldorf Court of Appeal’s decision ruling in favor of a merger in the hearing aids sector and addressing the issue of collective dominance test under German law (Phonak / GN ReSound)
Heinz & Zagrosek (Köln)
Phonak/GN: Federal Court of Justice further specifies collective dominance test under German law* On April 20, 2010, the German Federal Court of Justice quashed the Düsseldorf Court of Appeal’s decision in Phonak/GN, which upheld the FCO’s merger prohibition of the acquisition of GN ReSound by (...)

The French Council of State confirms the clearance of a merger in the audit and accounting services sector and clarifies the legal test for collective dominance (Deloitte / JMF)
Dechert (Paris)
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Herbert Smith Freehills (Paris)
Background This case arose out of the clearance granted by the French Minister of the Economy ("Minister") for the acquisition by Deloitte of Janny Marque Futur ("JMF"), the holding company of BDO Marque et Gendrot ("BDO"). Through this transaction, Deloitte, one of the "Big Four", acquired (...)

The European Commission conditionally approves a merger between German and Dutch electricity undertakings (RWE / Essent)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
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Directions régionales des entreprises, de la concurrence, de la consommation, du travail et de l’emploi (Direccte)
"RWE/Essent: On the Borderline"* I. Introduction On 29 April 2009, the Commission was notified by RWE Aktiengesellschaft (“RWE”) of its intent to acquire sole control of ESSENT N.V. (“Essent”) by way of a private offer. The Commission’s investigation revealed that the proposed transaction would (...)

The German Federal Cartel Office publishes an interim report on its fuel sector inquiry and takes a tough stance on three petrol station mergers
Freshfields Bruckhaus Deringer (Berlin)
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Freshfields Bruckhaus Deringer
On 2 July 2009, the Federal Cartel Office (FCO) published an interim report on the inquiry it launched in May 2008 on the fuel sector in Germany. The report, published 6 months after the initially planned date, presents the first results of a very thorough market investigation which had already (...)

The German Competition Authority clarifies its approach towards an alleged oligopoly on the German retail petrol markets in a decision prohibiting the acquisition of 59 gas stations in Saxony and Thuringia (Total / OMV)
Dentons (Berlin)
In the decision of 29 April 2009, the German Federal Cartel Office (“FCO”) prohibited the proposed acquisition of OMV Deutschland GmbH’s (“OMV”) 59 petrol stations located in Saxony and Thuringia by Total Deutschland GmbH (“Total”). The FCO founded in its decision that the concentration to strengthen (...)

The German Federal Cartel Office clears three different mergers involving six of the largest German banks (Deutsche Bank / Deutsche Postbank, Commerzbank / DresdnerBank / (Allianz) and DZ Bank / WGZ Bank)
Blomstein
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Freshfields Bruckhaus Deringer
Background Against the background of increasing global financial turmoil, three major concentrations involving six large German banks (as well as the largest German insurance company) were submitted to the German Federal Cartel Office (Bundeskartellamt - FCO) for clearance between November (...)

The German Federal Cartel Office clears a merger subject to structural remedies in the sugar regulated and oligopolistic market (Nordzucker/Danisco)
Gleiss Lutz (Munich)
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Milbank, Tweed, Hadley & McCloy (Munich)
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Gleiss Lutz (Munich)
On 17 February 2009, the German Federal Cartel Office cleared a merger in the sugar sector subject to conditions and obligations. The case concerned the indirect acquisition of the sugar activities of the Danish company Danisco Sugar A/S by the German sugar refinery Nordzucker AG, an (...)

The Higher Regional Court Düsseldorf upholds prohibition decision of the FCO in the hearing aid sector (Phonak / GN ReSound)
Van Bael & Bellis (Brussels)
In a recently published decision of 26 November 2008, the Higher Regional Court of Düsseldorf affirmed the decision of the Federal Cartel Office (“FCO”) prohibiting the Swiss hearing aid manufacturer Phonak Holding AG (“Phonak”) from acquiring its Danish competitor GN Store Nord AS(“GN ReSound”). (...)

The German Federal Court of Justice confirms the prohibition of an energy merger considering that the German market for primary sales of electricity is dominated by a duopoly (E.ON / Stadtwerke Eschwege)
Freshfields Bruckhaus Deringer (Berlin)
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Freshfields Bruckhaus Deringer
In a judgment of 11 November 2008, the German Federal Court of Justice (Bundesgerichtshof) (Federal Court) upheld a previous decision of the Higher Regional Court of Düsseldorf (Higher Regional Court) which had itself confirmed a decision of the Federal Cartel Office (FCO) blocking E.ON’s plan to (...)

The German Federal Court of Justice confirms the prohibition of a merger in the electricity market (E.ON / Stadtwerke Eschwege)
University of East Anglia - CCP
The German electricity market is dominated by four vertically integrated firms: E.ON, RWE, Vattenfalland EnBW exclusively able to cover both base load and peak load demand. Regional and local retailers, often municipality owned (Stadtwerke), sell electricity to final customers or other local (...)

The EU Commission conditionally approves a merger in the baking industry after analysis of possible coordinated effects (ABF / GBI)
Université Catholique de Lille
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European Commission - DG COMP (Brussels)
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APCO Worldwide
"ABF/GBI Business: coordinated effects baked again"* I. Introduction Just a few months after the Court of Justice gave a key ruling in Sony/BMG v Impala, the Commission adopted its decision in the ABF/GBI Businesscase. This was the first case since Airtoursin which the Commission intervened (...)

The French Minister of economics clears a telecom merger without remedies after investigating possible coordinated effects and elimination of a maverick (Iliad / Liberty Surf)
RBB Economics (London)
Introduction On 23 October 2008 the French Minister of Economy (MoE) cleared the acquisition of Liberty Surf by Iliad without any conditions. Both Iliad and Liberty Surf (hereafter "Surf") are active in the Telecom sector, providing internet and landline telephone access in France. Surf is (...)

The EU Court of Justice annuls the Court of First Instance’s judgment relating to a joint venture in the music publishing sector (Sony / BMG)
European Commission - DG COMP (Brussels)
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European Commission - DG FISMA
"The Joint Venture SonyBMG: final ruling by the European Court of Justice"* By judgment of 10 July 2008 in Case C-413/06 P, Bertelsmann and Sony Corporation of America v Impala (the “Judgment”), the Court of Justice (the “Court”) annulled the ruling by the Court of First Instance (the “CFI”). The (...)

The Spanish National Competition Commission expresses concerns about the merger between two German air transport companies and opened an in-depth investigation in Spain (Air Berlin / Condor)
Herbert Smith Freehills (Madrid)
After three months of investigation, on 25 March 2008, the Spanish Competition Authorities decided to open a second phase investigation regarding the proposed takeover of Condor Fledgiest GmbH (“Condor”) by Air Berlin Plc (“Air Berlin”). Condor is a charter carrier based in Germany, which mainly (...)

The French Directorate for Competition clears an acquisition in the press and media sector, subject to conditions addressing conglomerate concerns (LVMH / Les Echos)
Van Bael & Bellis (Brussels)
On 25 January 2008, the French Directorate for Competition, Consumption and Combating Fraud (DGCCRF) published two decisions conditionally clearing separate transactions in the press and media sector. The first decision concerned the acquisition of the French financial daily newspaper Les (...)

The French Minister of Economy requires in Phase I important remedies to address concerns of bundling in a merger of newspapers and magazines publishers (LVMH / Les Echos)
RBB Economics (Brussels)
On 19 December 2007 the French Minister of Economy, Finance and Employment (hereafter “the Minister”) cleared, after a “Phase I” investigation, the acquisition by the group LVMH of Les Echos S.A., publisher of the leading business newspaper Les Echos and of magazines specialised in economic and (...)

The Italian Competition Authority gives the go-ahead to the creation of a new multiutility operator with structural remedies (AEM / ASM Brescia)
Desogus Law Office (Cagliari)
A) The proposed merger The Italian Competition Authority has unconditionally approved a merger between two publicly-owned multiutility firms, AEM and ASM Brescia (ASM). According to the merger agreement, AEM shall absorb ASM and the resulting entity shall be denominated A2A. The municipality (...)

The French Minister of Economy approves a concentration in the sector for organization of fairs and shows subject to phase II undertakings (Unibail Holding / CCIP)
Darrois Villey Maillot Brochier
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Moskvina Law, PLLC
The Paris Chamber of Commerce and Industry (CCIP), among other activities, organizes fairs, shows and congresses. Unibail is a leading French commercial property investor and developer, active in shopping centers, offices, and conventions and exhibitions. The latter branch manages sites and (...)

The Hungarian Competition Office conditionally clears poultry processing merger (Bacs-Tak / Kiskunhalasi)
Dentons (Budapest)
On October 9, 2007, the Hungarian Competition Office’s Competition Council (the “Competition Council”) issued a ruling whereby it authorized the acquisition of control by Bács-Tak Takarmánygyártó és Forgalmazó Kft. (“Bacs-Tak”) over Kiskunhalasi Baromfifeldolgozó Zrt. (“Kiskunhalasi Zrt.”) upon the (...)

The Latvian Competition Council clears two mergers in the petrol and diesel retail market after a detailed assesment of relevant geographical market and dominance issues (Lukoil, Baltija-Grima, OS ipasumi)
Raidla Lejins & Norcous (Riga)
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Raidla Lejins & Norcous (Riga)
On 14 September 2007 the Latvian Competition Council (“Competition Council”) adopted two decisions in cases n° 1467/07/05/19 and 1468/07/05/20 clearing the mergers between SIA Lukoil Baltija R (“Lukoil”) and SIA Grima (“Grima”), and between Lukoil and SIA OS ipasumi (“OS ipasumi”). The filings (...)

The French Minister of Economy reviews the risk of coordinated effects and grants second-phase clearance to a concentration in the press sector, following the annulment by the Supreme Administrative Court of a previous authorisation decision that failed to find joint control (L’Est Républicain / BFCM / Socpresse)
Allen & Overy (Paris)
Letter of the Minister of Economy of 28 August 2007 authorising a concentration in the publishing sector - BFCM / L’ Est Républicain / EBRA / Delaroche, C2007-27 (Lettre du ministre de l’économie, des finances et de l’emploi du 28 août 2007, au conseil de la BFCM et de L’ Est Républicain, relative à (...)

Turkish Competition Board clears with remedies a major acquisition in the industrial, medical and special gases sector considering, inter alia, non-compete provisions to be ancillary restrictions (Linde Gaz/BOS)
Erdem & Erdem
In its decision dated 11 July 2007, Turkish Competition Board (“CB”) examined the acquisition by Linde Gaz A.S. (“Linde”) affiliate of a worldwide company Linde A.G of Birlesik Oksijen Sanayi A.S (“BOS”) affiliate of KOÇ Group; upon the compliant of Air Liquide alleging that by this acquisition (...)

A German regional Court upholds the NCA’s decision blocking an energy merger (E.ON / Stadtwerke Eschwege)
Freshfields Bruckhaus Deringer (Berlin)
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Freshfields Bruckhaus Deringer
A recent blocking decision against a merger between RWE and SaarFerngas (See Dr. Frank Röhling, Bertrand Guerin, The German Federal Cartel Office prohibits further merger of a dominant player in the electricity and gas sector (RWE/SaarFerngas), e-Competitions, July 2007-I, a Court decision (...)

The German Federal Cartel Office prohibits further merger of a dominant player in the electricity and gas sector in spite of proposed remedies (RWE/SaarFerngas)
Freshfields Bruckhaus Deringer (Berlin)
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Freshfields Bruckhaus Deringer
A recent blocking decision against a merger between RWE and SaarFerngas, a Court decision upholding a blocking decision against E.ON (See Dr. Frank Röhling, Bertrand Guerin, The Düsseldorf Higher Regional Court upholds a Bundeskartellamt decision blocking an energy merger (E.ON/ Stadtwerke (...)

The EU Commission approves, subject to divestiture, an acquisition in the travel services industry (TUI / First Choice)
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European Commission - DG COMP (Brussels)
"Merger control: Main developments between 1 May and 31 August 2007"* In June the Commission gave its approval to the proposed acquisition of First Choice, a UK travel services company, by TUI, parent of the German TUI group, active in tourism and shipping services. The Commission’s decision (...)

The French Minister of Economy grants conditional clearance to a merger in the railway laying and maintenance sector Colas / Spie Rail)
Freshfields Bruckhaus Deringer (Paris)
In its decision dated 14 May 2007, the French Minister of Economy cleared the acquisition of the Spie Rail company by the Colas company, a subsidiary of the Bouygues group active in the road and railway works. Through this transaction, Colas will acquire the sole control of Spie Rail. Spie (...)

The Hungarian Competition Office unconditionally approves a merger between two fixed line telecommunications incumbents (HTTC / Matel)
Morley Allen & Overy Iroda (Budapest)
Background With its decision of 20 April 2007 (Decision), the Hungarian Competition Office (HCO) has approved the acquisition of Matel Holding N.V. (Matel) by Hungarian Telephone and Cable Corporation (HTTC). HTTC controls Hungarotel Távközlési Zrt (Hungarotel). Hungarotel is the incumbent (...)

The Hungarian Competition Office clears without condition a merger in the telecommunications sector (HTTC / Matel)
Oppenheim
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Oppenheim - Budapest
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Oppenheim
Hungarian Telephone and Cable Corporation (together with its subsidiaries, HTCC) completed its acquisition of Invitel Távközlési Szolgáltató Zrt. (Transaction) on 27 April 2007 pursuant to the terms of a Sale and Purchase Agreement, dated as of 8 January 2007, between HTCC and Invitel Holdings N.V. (...)

The German competition authority prohibits the acquisition of the hearing aid business in spite of proposed remedies (Phonak / GN ReSound)
Berlin Freie Universität
I. Background The hearing aid producer Phonak (market share 20-25%) intended the acquisition of its competitor GN ReSound, the fourth largest producer (market share 5-10%). Other strong competitors are Siemens (market share 32,5-37,5%) and Oticon (market share 20-25%). In Germany the three (...)

The Spanish Tribunal for the Defence of Competition unconditionally clears in phase II a merger in the beer sector (Mahou-San Miguel / Cervezas Alhambra)
Associated British Foods (London)
Introduction In November 2006, Mahou-San Miguel (GMSM), the leading Spanish brewing company, notified the Spanish first-tier competition authority (Servicio de Defensa de la Competencia, SDC) the acquisition of control over Alhambra, a competing brewery operating mainly in the Andalusia (...)

The Spanish National Competition Authority opens a merger phase II investigation in the brewing sector (Mahou-San Miguel / Cervezas Alhambra)
Introduction In November 2006, Mahou-San Miguel (GMSM), a Spanish brewing company, notified the Spanish first-tier competition authority (Servicio de Defensa de la Competencia, SDC) the acquisition of control over Alhambra, a local brewer operating mainly in the Andalusia region. Alhambra has (...)

The French Minister of Economy grants clearance to a merger in the market for audit and accounting services (Deloitte / JMF)
Darrois Villey Maillot Brochier
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Scemla Loizon Veverka & de Fontmichel (SLV&F)
In its decision dated 15 December 2006, the French Minister granted a clearance to the acquisition of all of shares of JMF, the holding company of BDO Marque and Gendrot, by Deloitte. Through this transaction, Deloitte will acquire sole control of JMF and indirectly sole control of BDO. (...)

The UK Competition Commission clears a three to two merger in the insurance sector holding that the transaction would not give rise to a substantial lessening of competition (Hampden / CBS)
Winston & Strawn (London)
Introduction On 4 July 2006, the U.K. Office of Fair Trading (OFT) referred the completed acquisition of CBS Private Capital Limited’s Lloyd’s members’ agency business (CBSPC) by Hampden Agencies Limited (Hampden) to the Competition Commission (CC) under the U.K. Enterprise Act 2002. After (...)

The US DOJ challenges the acquisition of a partial interest of a competing company in the dairy sector (Dairy Farmers)
White & Case (Washington)
The Department of Justice’s challenge to unwind the Dairy Farmers of America (“DFA”) acquisition of a partial interest in Southern Bell Dairy is interesting on a number of levels. This article addresses two issues raised by Dairy Farmers that antitrust attorneys should consider when counseling (...)

The French Minister of Economics clears the merger between the two pay-TV operators with 59 commitments after consultation of both the audiovisual regulator and the French Competition Council (TPS / Canal Sat)
Conseil départemental du Calvados
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Fréget - Tasso de Panafieu Avocats (Paris)
On 30th August 2006, the French Minister for the Economy, Finance and Industry (the Minister) authorised the merger between TPS and Canal Sat, the two satellite broadcasting and television service providers in France, after the parties entered into 59 commitments limiting the operation’s effect (...)

The Irish Competition Authority clears a merger in the entertainment and communications industry subject to 19 remedies addressing issues arising from the cross-ownership/cross-management of the two concerned groups (UGC-Chorus / NTL)
Université de Genève
The operation On 4 November 2005 and following a Phase 2 review, the Irish Competition Authority (ICA) cleared the acquisition by UPC Ireland B.V. (“UPC Ireland”) of MS Irish Cable Holdings B.V (“MSICH”). Both companies were set up specifically for the transaction. The underlying structure of the (...)

The Irish Competition Authority clears a merger in the market for radio broadcasting subject to a remedy involving the exit from a contract with an advertising sales agency, board withdrawal and divestment of partial ownership (SRH / Highland Radio)
Université de Genève
The operation On 1 June 2005 the acquisition by Scottish Radio Holdings (SRH) of Donegal Highland Radio Limited (Highland Radio) was notified to the Irish Competition Authority (ICA). SRH is active in the radio and publishing business in the UK and the Republic of Ireland, where it owns two (...)

The Italian Competition Authority clears in phase II the merger between the two main baby milk producers subject to remedies, including wholesale prices reduction (Koninklijke Numico / Mellin)
Ashurst
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Legance - Studio Legale Associato
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Banca d’Italia (Italian Central Bank)
Background By decision of 15 June 2005, the Italian Competition Authority (Autorità garante della concorrenza e del mercato) cleared the acquisition by Koninklijke Numico N.V. (Numico) of Mellin S.p.A. (Mellin). The concentration affected the baby milk sector which the Authority’s investigations (...)

The EU Commission approves after an in-depth investigation the creation of a joint venture in the music industry (Sony / BMG)
European Commission - DG CNECT
"Following an in-depth investigation the Commission approved the creation of the Sony/BMG music recording joint venture on 19 July 2004"* Over the last 15 years, the music industry has witnessed the process of gradual consolidation. The Commission has analysed a number of these concentrations (...)

The European Commission conditionally clears a merger in the industrial gases industry (Air Liquide / Messer)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
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Capgemini (Washington)
"Air Liquide / Messer: addressing the changes brought about by the concentration in the industrial gases industry"* On 15 March 2004, the European Commission approved, subject to conditions, the acquisition by L’Air Liquide SA (‘Air Liquide’) of Messer Griesheim KGaA’s (‘Messer Group’) activities (...)

The EU Court of First Instance annuls the Commission’s decision to prohibit a merger between two UK based holiday tour operators (Airtours / First Choice)
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"* On 6 June 2002 the European Court of First Instance (CFI) annulled the Commission’s decision to prohibit a merger between Airtours and First Choice, two UK based holiday tour operators. Though the Commission had (...)

The EU Court of First Instance overturns the EU Commission decision’s to block a merger between two UK tour operators addressing the issue of collective dominance (Airtours / First Choice)
White & Case (Brussels)
In a critical decision, the European Court of First Instance (“CFI”) reversed the decision of the EC Commission, which had blocked AirTours’ acquisition of First Choice, a rival UK tour operator, under Article 2(3) of the EC Merger Control Regulation on the basis that it would have created a (...)

The European Commission clears, subject to conditions, an agreement giving to three companies joint control over Spain’s fourth largest utility company (EnBW / EDP / Cajastur / Hidrocantabrico)
European Commission - DG ECFIN
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European Commission - DG COMP (Brussels)
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Financial Conduct Authority (FCA)
"Merger Control: Main developments between 1st January 2002 and 30th April 2002"* The Commission cleared, subject to conditions, an agreement giving Energie Baden-Württemberg (EnBW), Electricidade de Portugal S.A. (EDP) and Caja de Ahorros de Asturias (Cajastur) joint control over Spain’s fourth (...)

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 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)
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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 (...)

The EU Commission approves an acquisition in the bus sector (MAN / Auwärter)
European Commission - DG ECFIN
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European Commission - DG COMP (Brussels)
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Financial Conduct Authority (FCA)
"Merger control: main developments between 1 May and 31 August 2001"* Following a thorough investigation, the European Commission on 20 June 2001 granted regulatory approval to the proposed takeover of Auwärter, the German company which makes the Neoplan buses and coaches, by the MAN group. The (...)

The European Commission conditionally clears a merger in the travel sector (Preussag/Thomson Travel Group)
Service européen pour l’action extérieure (EEAS)
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Financial Conduct Authority (FCA)
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European Commission - DG COMP (Brussels)
"Merger Control: main developments between 1st May 2000 and 31st August 2000"* The acquisition by German company Preussag AG of UK travel company Thomson Travel Group Plc raised serious concerns about the creation of a collective dominant position in the UK market for short-haul foreign (...)

The European Commission clears an acquisition in the markets for production and sale of power cables to energy utilities (Pirelli / BICC)
Service européen pour l’action extérieure (EEAS)
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Financial Conduct Authority (FCA)
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European Commission - DG COMP (Brussels)
"Merger Control: main developments between 1st May 2000 and 31st August 2000"* The Commission cleared the acquisition by Pirelli Cavi e Sistemi, the cable division of Italian Pirelli Group, of BICC General‘s power cable production plants in Italy and in Britain. BICC General will retain its (...)

The EU Court of First Instance confirms the Commission’s decision prohibiting a merger in the platinum and rhodium markets (Impala Platinum / Gencor / Lonrho)
European Commission - DG GROW
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European Commission - DG CLIMA
"Comment on the Judgement of the Court of First Instance of 25 March 1999 in the merger case IV/M.619 - Gencor/Lonrho"* Gencor is a South African mining group controlling the South African platinum mining company Impala Platinum (“Implats”). Lonrho is a British company with interests in two (...)

The European Commission conditionally clears a merger between two Danish co-operatives slaughterhouses (Danish Crown / Vestjyske Slagterier)
European Commission - DG TRADE
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European Commission - DG TRADE
"Mergers: Recent developments and important decisions"* In the case Danish Crown/Vestjyske Slagterier the Commission concluded that the operation would have led to the creation of a duopolistically dominant position of the parties together with another large Danish co-operative slaughterhouse. (...)

The EU Commission clears a merger between two leading audit and accounting companies addressing the issue of possible collective dominance (Price Waterhouse / Coopers & Lybrand)
European Commission - DG TRADE
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"Mergers : Recent Developments and Important Decisions"* In Price Waterhouse/Coopers & Lybrand, cleared on 20 May, the Commission examined the possibility that the proposed merger would create collective – oligopolistic or duopolistic - dominance, as well as the more usual concern over (...)

The European Commission clears an acquisition in the pet food sector (Nestlé/Dalgety)
European Commission - DG TRADE
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"Mergers Recent important decisions" On 2 April 1998 the Commission approved Nestlé’s acquisition of the Spillers pet food business from Dalgety. Nestlé of Switzerland is engaged in a wide range of food businesses including pet food. Dalgety of Britain is active in agribusiness, food distribution (...)

The EU Commission initiates an in-depth investigation into the creation of a joint venture in the automobile industry (ABB / Daimler Benz)
DG REGIO Regional and urban policy
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European Commission - DG HR
"Mergers : summary of the most important recent developments"* The Commission initiated an in depth investigation on 23 June 1995 in the ABB/Daimler Benz case. The proposed joint venture (to be called Daimler-Benz Rail Transportation) will cover the worldwide activities of ABB and Daimler-Benz (...)

Procedures

The Austrian Government concludes a public consultation on the proposal for amendments to the competition law regime
European Commission
Austria: Proposal for Amendment of Competition Law* On 29 February 2012, the public consultation on the proposal for amendments to the Austrian competition law regime was concluded: the evaluation of the comments is on-going. Following this process a revised proposal will be referred to the (...)

Regulations

The Federal Antimonopoly Service of Russia proposes new pricing guidelines
RBB Economics (Brussels)
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RBB Economics (Brussels)
Introduction In October 2012, the head of the Federal Antimonopoly Service of Russia (FAS) presented new pricing Guidelines for Russian companies. The document discusses various benchmarks for “fair” or “economically justified” prices that can be charged to domestic customers. Although the (...)

The French Competition Authority issues an opinion on TV content access exclusivity offers by Internet service providers
French Competition Authority
TV content access exclusivity offers by Internet service providers: The Autorité de la concurrence states its position*. Exclusive access must remain an exceptional solution, strictly limited in time and scope. Auto-distribution appears to be a satisfactory balancing solution, to the benefit (...)

The UK Competition Appeal Tribunal finds that it is not for the Tribunal to assess the reasonableness of the Office of Fair Trading’s exercise of its discretion to decide whether or not to open an investigation (Brannigan)
British Institute of International and Comparative Law
The facts In March 2003, Brannigan, a newspaper owner, launched two local free newspapers the Lewes Life in the local area of Lewes and the Uckfield Life in the local area of Uckfield. In October 2003, Brannigan made a complaint to the OFT alleging that rival publishers, Newsquest and (...)

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