April 1999

Unilateral Practices

The EU Court of Justice rejects an appeal against a Commission’s decision finding that a company has abused its dominant position by imposing discriminatory tariffs on the market for the inland carriage of sea-borne containers (Deutsche Bahn)
European Court of Justice (Luxembourg)
ORDER OF THE COURT (Fifth Chamber) In Case C-436/97 P, Deutsche Bahn AG, established in Frankfurt, Germany, represented by Jochim Sedemund, Rechtsanwalt, Berlin, with an address for service in Luxembourg at the Chambers of Aloyse May, 31 Grand-Rue, appellant, APPEAL against the judgment of (...)

The Maltese Competition Authority rejects a case of alleged predatory pricing related to tender for new leases of premises in an airport (RGM Trading)
King’s College (London)
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Superior Courts of Malta (Valletta)
The complainant operated a newsagency in the Departure Lounge at Malta International Airport. When the Airport Authority invited tenders for new leases of premises at the airport, the complainant enjoyed a right of first refusal. However, the dominant importer of newspapers and periodicals, (...)

Mergers

The European Commission opens an in-depth investigation on the proposed alliance between the Rotterdam Port Authority and two container terminal operators (Hutchison and ECT)
European Commission - DG TRADE (Brussels)
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European Commission - DG TRADE (Brussels)
"Mergers: Recent developments and important decisions"* The Commission opened an in-depth investigation on the proposed alliance between the Rotterdam Port Authorityand the container terminal operators Hutchisonand ECT. The container terminals at the deepsea ports of Felixstowe and Thamesport (...)

State Aid

The EU Commission approves several German special tax provisions in the law introducing an ecological tax reform
European Commission - DG COMP (Brussels)
"Germany – Commission approves several special tax provisions in the law introducing an ecological tax reform"* On 21 April 1999, the Commission approved several special tax provisions in the law introducing an ecological tax reform («Ecotax law«) for the benefit of certain sectors of the (...)

The EU Commission approves the first notification under the multisectoral framework on regional aid for large investment projects concerning an aid granted by the Spanish government to a manufacturer of mineral wool (Rockwool Penisular)
European Commission - DG COMP (Brussels)
"Spain. - The Commission approves the first notification under the Multisectoral framework on regional aid for large investment projects, i.e. an aid to the manufacturer of mineral wool Rockwool Penisular S.A"* Introduction One of the main objectives of the new approach under the (...)

Procedures

The EU Court of First Instance upholds the Commission’s decision stating that it could not delineate the markets for interactive broadcasting services by applying an SSNIP test (Endemol)
European Court of Justice (Luxembourg)
Case T-221/95 Endemol Entertainment Holding BV ν Commission of the European Communities* 1. Article 22(3) of Regulation No 4064/89, which provides that the Commission may, at the request of a Member State, examine whether a concentration which has no Community dimension is compatible with that (...)

The EU General Court confirms the Commission decision fining twelve participants in a PVC cartel and rejects claims on procedural errors (Limburgse and others)
General Court of the European Union (Luxembourg)
THE COURT OF FIRST INSTANCE GENERALLY CONFIRMS THE COMMISSION DECISION FINING 12 PVC PRODUCERS FOR PARTICIPATING IN AN ILLEGAL CARTEL* However, the Commission fines totalling 19 250 000 euros are reduced in respect of three undertakings In October 1983, following investigations conducted in (...)

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