April 1995

Anticompetitive practices

The EU Commission adopts new Block Exemption for liner shipping companies
Hong Kong Competition Commission (Hong Kong)
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European Commission - DG COMP (Brussels)
"Principal Features of Commission Regulation No 870/95"* This favourable treatment on the part of the Commission is explained by the advantages brought about by consortia. In general, they help to improve not only productivity but also the quality and the frequency of the liner transport (...)

The EU Commission adopts a block exemption for liner shipping consortia
European Commission - DG COMP (Brussels)
"New block exemption for liner shipping consortia"* On 20 April 1995 the Commission adopted a regulation granting block exemption to liner shipping consortia [Commission Regulation (EC) No 870/95 of 20 April 1995 on the application of Article 85(3) of the Treaty to certain categories of (...)

The EU Court of Justice holds that a case involving a clear infringement of Article 101(1) TFEU must be regarded as an infringement per se of competition rules (Tréfilunion)
European Court of Justice (Luxembourg)
Case T-148/89 Tréfilunion SA v Commission of the European Communities* 1. Although in a competition procedure both the statement of objections and the final decision are procedural documents specifically provided for as such in Article 19(1) of Regulation No 17 and Article 2(1) of Regulation (...)

The EU Court of Justice states that an undertaking that entered into anticompetitive agreements cannot be exempted because of a crisis in the industry (Baustahlgewebe)
European Court of Justice (Luxembourg)
Case T-145/89 Baustahlgewebe GmbH v Commission of the European Communities* 1. The legality of a Commission decision taken against an undertaking in a competition case cannot be affected by the Commission’s refusal to grant further access to the file or the failure to forward certain (...)

The EU Court of First Instance holds that an undertaking can be liable for its participation in a cartel unless it distanced publicly itself from what was agreed in the meeting (Tréfileurope)
European Court of Justice (Luxembourg)
Case T-141/89 Tréfileurope Sales SARL v Commission of the European Communities* 1. The market in the different kinds of welded steel mesh (including standard mesh, catalogue mesh, Listenmatten and tailor-made mesh) constitutes, for the purposes of Article 85(1) of the Treaty, a single market (...)

Unilateral Practices

The EU Court of Justice substantially upholds that a parent company and its subsidiary abused their dominant position by offering loyalty payments to builder’s merchants in the plasterboards market (BPB Industries / British Gypsum)
European Court of Justice (Luxembourg)
Case C-310/93 P BPB Industries Plc and British Gypsum Ltd v Commission of the European Communities* 1. In the context of proceedings aimed at establishing infringements of the rules on competition in the Treaty, observance of the rights of the defence requires, inter alia, that the (...)

The EU Court of Justice upholds that the ownership of patents, trademarks and other intellectual property rights may constitute barriers to entry depending on their strength and duration without conferring themselves dominance (RTE / ITP)
European Court of Justice (Luxembourg)
Joined Cases C-241/91 P and C-242/91 P Radio Telefis Eireann (RTE) and Independent Television Publications Ltd (ITP) v Commission of the European Communities* 1. Broadcasting companies are in a dominant position within the meaning of Article 86 of the Treaty when, by reason of their de facto (...)

Mergers

The EU Court of First Instance reviews the Commission’s decision in a merger case concerning the beverages industry (Nestle / Perrier)
DG REGIO (Brussels)
"Mergers : summary of the most important recent developments"* On 27 April 1995, the Court of First Instance (CFI) ruled on two cases, one brought by the employees of Perrier and the other by the employees of Vittel and Pierval, against the Commission’s decision of 22 July 1992 in the case (...)

Procedures

The EU Council and Commission approve the agreement with the US regarding the application of the competition rules
European Commission - DG COMP (Brussels)
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International Commission for the Conservation of Atlantic Tunas (ICCAT)
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European Commission (Brussels)
"EU/US agreement on competition policy"* On Monday 10 April 1995 a joint decision [OJ L95 of 27 April 1995 as rectified by OJ L 134 of 20 June 1995] of the Council and the Commission approved the Agreement with the Government of the United States of America regarding the application of the (...)

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