January 1995

Anticompetitive practices

The EU Court of Justice states that an association of undertakings must be regarded as having a sufficient interest in bringing proceedings before the Court against the Commission’s decision if it has a legitimate interest in submitting that application (BEMIM)
European Court of Justice (Luxembourg)
Case T-114/92 Bureau Européen des Médias de l’Industrie Musicale (BEMIM) v Commission of the European Communities* 1. Natural or legal persons who are entitled to submit an application under Article 3(2)(b) of Regulation No 17 calling on the Commission to ascertain an infringement of Articles (...)

The EU Court of Justice states that the Commission can reject a complaint on the ground that the complainant can bring an action to assert its rights before national courts (Tremblay)
European Court of Justice (Luxembourg)
Case T-5/93 Roger Tremblay and Others v Commission of the European Communities* 1. The statement of reasons on which a decision adversely affecting a person is based must, first, be such as to enable the person concerned to ascertain the matters justifying the measure adopted so that, if (...)

The US Court of Appeals for the Second Circuit devotes prevailing application of labor law in labor practices that restrain competition in sports (National Basketball Association / L Williams)
Infinitum Legal Services (Istanbul)
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Infinitum Legal Services (Istanbul)
The NBA v. Williams case (45 F.3d 684 (2d Cir. 1995), by the US court of Appeals is one of the rare cases in which the lawfulness of the practice of ‘multiemployer bargaining’, traditionally governed by labor law, challenged fundamental competition law principles, stemming from the Sherman Act (...)

The EU Court of Justice reviews the conditions for granting an exemption in an operation involving a net price system in the retail of books (Publishers Association)
European Court of Justice (Luxembourg)
Case C-360/92 P Publishers Association v Commission of the European Communities* 1. Where two Member States form a single language area, the court which has to review the lawfulness of the Commission’s refusal to grant an exemption under Article 85(3) of the Treaty for a net price system for (...)

The EU Court Of First Instance holds that in the absence of an agreement between economically independent entities, relations within an economic unit cannot amount to an agreement or concerted practice between undertakings which restricts competition (Viho Europe)
European Court of Justice (Luxembourg)
Case T-102/92 Viho Europe BV v Commission of the European Communities* 1. The Community judicature has no jurisdiction to issue directions to the Community institutions in connection with an action for annulment under Article 173 of the Treaty. 2. Where a subsidiary, although having a (...)

The Hungarian Competition Authority grants individual exemption to an RPM agreement (Kontavill Kontakta)
DLA Piper (Budapest)
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DLA Piper (Budapest)
Description of the impugned case Kontavill, a Hungarian undertaking active in the market of electric instruments requested an individual exemption from the HCO for a clause contained in its agreements with wholesale distributors, which did not set the final resale price, but rather merely the (...)

The European Commission issues a negative clearance comfort letter concerning a purchasing agreement between the largest Danish dairy producer and a retail chain (MD Foods amba/Forenede Danske Brugsforeninger)
European Commission - DG COMP (Brussels)
"Exclusive dealing"* In a case concerning a notification of a purchasing agreement between the largest Danish dairy producer, MD Foods amba, and the retail chain, Forenede Danske Brugsforeninger (FDB), the Commission issued a negative clearance comfort letter, but only after the agreement had (...)

Procedures

The EU Court of Justice issues preliminary ruling in case from the UK High Court on the use of allegations of breach of competition law in order to avoid honouring obligations under a commercial contract (Sunag)
Reed Smith (London)
This was a commercial private arbitration case which ended up before the English High Court, Queen Bench Division (Case C-339/95), and was referred to the European Court of Justice for a preliminary ruling. A unanimous arbitration award to enforce the agreement was appealed in the commercial (...)

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