August 2004

Anticompetitive practices

The Danish Competition Appeal Tribunal annuls a decision of the NCA on fixed books prices for reimport of Danish books on the basis of Art. 81 EC after full assessment of ECJ and EC Commission’s case law on trade between Member States (Book Publisher)
Danish Competition and Consumer Authority (Copenhagen)
On 18 August 2004, the Danish Competition Appeal Tribunal annulled the decision of 24 September 2003 whereby the Danish Competition Council found that the Danish Book Association (“The association of Danish book publishers “) had infringed Article 81 when it prevented booksellers in other (...)

Mergers

The Estonian Competition Authority clears a merger in phase II in the market of manufactured cigarettes subject to divesture of target’s local brands (Philip Morris Products/Amer-Tupakka, Amer-Yhtymä and Amernet)
Jones Day (Brussels)
The operation By a decision dated 25 August 2003, the ECA authorised in phase II the acquisition by Philip Morris of parts of Amer-Tupakka, Amer-Yhtymä and Amernet (para. 1). The market(s) The relevant market was defined by the ECA as the market for manufactured cigarettes (para. 2). Remedy (...)

The German Bundeskartellamt cleared a merger in the market for stationary x-ray systems for non-destructive testing subject to remedies, including the divestment of the target’s subsidiaries in the US and Germany (GE/InVision)
Baker McKenzie (Dusseldorf)
The operation On 24 April 2004 the Bundeskartellamt was notified of the proposed acquisition of the entire share capital of InVision Technologies, Inc., USA (“InVision”) by General Electric Company, USA (“GE”). With the notification the parties announced that they intended to divest two (...)

The European Commission approves the proposed acquisition by a US manager of investment funds of a company active in the production of seeds (Fox Paine/Adventa)
JG Associates (Brussels)
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DG COMP (Brussels)
"Merger control: Main developments between 1 September and 31 December 2004"* The Commission authorised, subject to conditions, the proposed acquisition of Dutch-based seed producer Advanta B.V. by Swiss-based Syngenta Crop Protection AG. Syngenta Crop Protection AG is a subsidiary of Syngenta (...)

The European Commission authorizes the acquisition of Dutch-based seed producer by a Swiss producer, both active in breeding, production, processing and sale of various kinds of seeds (Adventa/Syngenta Crop Protection)
JG Associates (Brussels)
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DG COMP (Brussels)
"Merger control: Main developments between 1 May and 31 August 2004"* In August the Commission authorised the acquisition of Dutch-based seed producer Advanta B.V. (‘Advanta‘) by the Swiss Syngenta Crop Protection AG. (‘Syngenta CP‘) belonging to Syngenta AG. Syngenta CP and Advanta are both (...)

The French Minister of Economy readopts its decision of the merger between two French home appliances manufacturers after it was quashed by the Administrative Supreme Court (SEB / Moulinex)
Herbert Smith Freehills (Paris)
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Hewlett Packard (Geneva)
Background. When Moulinex was put into administration in 2001 competitor SEB was conditionally retained by the judicial administrators as the most suitable purchaser for Moulinex’ manufacturing sites and trading subsidiaries in France, Spain, Germany and several non-EU countries, subject to (...)

The UK Office of Fair Trading clears the acquisition of a chain of 432 pubs by an integrated brewer, beer distributor and pub chain subject to the divestment of 13 pubs in seven administrative licensing areas (Greene King/Laurel Pub Holdings)
Added Value Capital Partners (AVCP) (Royston)
The operation Greene King plc is an integrated brewer, beer distributor and pub company which owns approximately 3% of the 60,000 pubs in Great Britain. Laurel Pub Holdings Limited (“Laurel”) was a vehicle used by its owner, Morgan Grenfell Private Equity Ltd, to enable the transfer to a new (...)

The Austrian Cartel Court cleared a distribution joint-venture in the press sector subject to remedies aimed at ensuring media pluralism (Morawa / Mediaprint)
NERA (Berlin)
The operation Morawa Pressevertrieb GmbH (Morawa) and Mediaprint Zeitungs- und Zeitschriftenverlag GmbH & Co KG (Mediaprint) are together the only undertakings active in the field of press distribution in Austria and proposed the establishment of a distribution joint venture, Morawa (...)

The French Minister of Economic Affairs clears a merger in a Phase I conditional to divestiture remedies in the market for security screening devices (General Electrics/Invision)
Brown Brothers Harriman (BBH) (Luxembourg)
The operation By letter dated 2 August 2004, the French Minister of Economic Affairs cleared a merger where General Electrics (“GE”) acquired the exclusive control of InVision Technologies Inc (“InVision”). After a Phase I investigation the French Minister cleared the merger conditional to (...)

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