April 1998

Anticompetitive practices

The EU Court of Justice states that the exemption granted by the regulation does not apply to a clause in a contract that, unless there are objectively valid reasons, prevents the dealer from selling new vehicles (Cabour)
European Court of Justice (Luxembourg)
Case C-230/96 Cabour SA and Nord Distribution Automobile SA v Arnor ’SOCO’ SARL* 1. Under the preliminary ruling procedure provided for by Article 177 of the Treaty, it is for the national courts alone, before which the proceedings are pending and which must assume responsibility for the (...)

The EU Court of Justice states that a distribution agreement intended to apply in a third country and imposing an obligation to export products to a non-member country cannot be regarded as having the object of restricting competition (Javico / Yves Saint Laurent Parfums)
European Court of Justice (Luxembourg)
Case C-306/96 Javico International and Javico AG v Yves Saint Laurent Parfums SA (YSLP)* 1. An agreement between a producer and a reseller intended to apply within the Community and to deprive a reseller of his commercial freedom to choose his customers by requiring him to sell only to (...)

The EU Commission rejects an application for interim measures lodged by luxury car manufacturer concerning possible abuses of trademark rights (Vickers / Rolls-Royce)
Studio Legale Clarizia (Rome)
"Vickers/Rolls-Royce"* On 6 April 1998, the Commission adopted a Decision rejecting an application for interim measures lodged by Vickers PLC. On the occasion, it pointed out that, at the stage of a prima facie appraisal, the assessment under competiton law of a clause granting the trade mark (...)

Unilateral Practices

The EU Commission adopts decisions not to act on complaints concerning alleged infringements of the ECSC Treaty that occurred in the past (British Coal Corporation / National Association of Licensed Opencast Operators)
European Commission - DG COMP (Brussels)
"The ECSC Treaty allows the Commission only to deal with infringements having a prospective effect"* The Commission adopted, on 27 April 1998 and on 28 July 1998, decisions not to act on complaints concerning alleged infringements of the ECSC Treaty that occurred in the past. THE COMPLAINTS (...)

Mergers

The EU Commission approves, subject to remedies, an acquisition in the glass container market (Owens-Illinois / BTR Packaging)
European Commission - DG TRADE (Brussels)
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European Commission - DG COMP (Brussels)
"Mergers Recent important decisions" The Commission decided on 21 April 1998 to clear the acquisition of BTR’s Packaging Business Group (BTR Packaging) by Owens-Illinois, Inc(Owens-Illinois), subject to commitments submitted to the Commission. The decision marks the first occasion of the use of (...)

The European Commission clears an acquisition in the pet food sector (Nestlé/Dalgety)
European Commission - DG TRADE (Brussels)
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European Commission - DG COMP (Brussels)
"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 (...)

State Aid

The German Federal Administrative Court issues a decision which holds that national procedural rules and safeguards cannot be invoked against a withdrawal decision ordering the recovery of unlawful state aid
Gleiss Lutz (Brussels)
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Jones Day (Brussels)
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Gleiss Lutz (Brussels)
The Federal Administrative Court (Bundesverwaltungsgericht) implemented guidance received from the CJEU and confirmed that national procedural rules and safeguards (such as time limits for the withdrawal of illegal administrative acts, the protection of legitimate expectations, the principle of (...)

The EU Commission decides to open art. 93(2) proceedings concerning a State guarantee covering 50% of a loan of 50 million ECU which is envisaged to be awarded by the regional Flemish authorities to a joint venture in the telecommunications industry (Hermes Europe Railtel)
European Commission - DG COMP (Brussels)
"BELGIQUE. La Commission décide l’ouverture de la procédure de l’article 93 §2 du traité CE en vue d’examiner la compatibilité avec le marché commun de l’octroi par les autorités régionales flamandes d’une garantie de crédit en faveur de la société de télécommunications Hermes Europe Railtel N.V."* On 7 (...)

The EU Court of Justice rejects the appeal of the Commission in a State aid case granted in favor of a subsidiary of the French postal services incumbent (Sytraval / Brink’s)
European Commission - DG COMP (Brussels)
"Comment on the Judgment of the Court of 2 April 1998, Case C-367/95 P: Commission of the European Communities and French Republic v Chambre syndicale nationale des entreprises de transport de fonds et valeurs (Sytraval) and Brink’s France SARL"* 1. The Background With judgment of 28 September (...)

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