December 1996

Anticompetitive practices

The Maltese Commission for Fair Trading refused to grant individual exemptions after termination of the block exemption (Simonds Farsons Cisk)
King’s College (London)
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Superior Courts of Malta (Valletta)
The decision concerns a request for the granting of an individual exemption (based on the Malta Competition Act) to agreements already entered into by applicant company binding resellers of its products. The request centred around the fact that the termination of these agreements was going (...)

The EU Commission requests clarification from the Spanish authorities on the initial licence fee imposed on an operator for the grant of a second concession of GSM for mobile communications services in Spain (Aírtel Móvil / Telefónica)
European Commission - DG COMP (Brussels)
SECOND GSM OPERATOR IN SPAIN : THE COMMISSION REQUESTS CLARIFICATION FROMTHE SPANISH AUTHORITIES* The European Commission has decided to request the Spanish authorities to provide clarifications on the initial licence fee imposed on Aírtel Móvil for the grant of a second concession (...)

The EU Court of Justice rejects a third-party action against a decision granting exemption to a selective distribution system as it cannot be regarded as being of an individual concern (BVBA Kruidvat)
European Court of Justice (Luxembourg)
Case T-87/92 BVBA Kruidvat v Commission of the European Communities* A decision granting exemption to a selective distribution system cannot be regarded as being of individual concern, within the meaning of the fourth paragraph of Article 173 of the Treaty, to an undertaking in competition (...)

The EU Court of First Instance clarifies the conditions under which a selective distribution system is lawful under competition law (Groupement d’Achat Edouard Leclerc)
European Court of Justice (Luxembourg)
Case T-88/92 Groupement d’Achat Edouard Leclerc v Commission of the European Communities* 1. An intervener is not entitled to raise an objection of inadmissibility not set out in the form of order sought by the defendant. 2. A decision granting exemption to a selective distribution system (...)

The EU Commission fines a printer and shredding machine manufacturer company €100,000 for resale price maintenance (Systemform)
European Commission - DG COMP (Brussels)
The commission fines systemform gmbh ecu 100,000* Acting on a proposal from Commissioner Karel Van Miert, the European Commission has imposed a fine of 100,000 ECU on Systemform GmbH - a German manufacturer of machinery for handling large computer printouts. The (...)

Mergers

The European Commission approves a concentration in the insurance sector creating a leading European insurer in terms of premium income (Axa/UAP)
DG GROW (Brussels)
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"Mergers - Summary of the most important recent developments"* On 20th December 1996, the Commission approved an operation whereby AXA will acquire sole control of UAP via an offer for exchange of shares, covering the whole of UAP‘s shares. The new French group will become a leading European (...)

The EU Commission clears the creation of a future provider of worldwide satellite personal communications services (Iridium)
European Commission - DG COMP (Brussels)
The Commission clears the creation of Iridium, a future provider of worldwide satellite personal communications services* The European Commission has given its formal green light to the creation of Iridium, a company led by the US corporation Motorola, which intends to provide as (...)

The European Commission decides to carry out an in-depth investigation into a proposed concentration in the markets for platinum groups metals (Anglo American/Lonrho)
DG GROW (Brussels)
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"Mergers - Summary of the most important recent developments"* On 16th December 1996 the Commission decided to open proceedings to carry out a “Phase 2” investigation in another case, the shareholding of the Anglo-American Corporation of South Africa (AAC) in Lonrho. AAC and companies (...)

The EU Commission prohibits the creation of a joint-venture in the silicon carbide sector (Saint-Gobain / Wacker-Chemie / NOM)
DG GROW (Brussels)
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"Mergers - Summary of the most important recent developments"* The second prohibition decision concerned the creation of a joint venture in the silicon carbide sector between Société Européenne des Produits Réfractaires (SEPR), belonging to the Saint-Gobain group, Elektroschmelzwerk Kempten (...)

State Aid

The EU Commission proposes a new steel aids code
European Commission - DG COMP (Brussels)
"Proposal for a new steel aids code"* In a Communication of March this year the Commission proposes to the Council of Ministers to give its unanimous assent pursuant to Article 95 of the ECSC Treaty to the adoption of a new Steel Aids Code to replace the current fifth Steel Aids Code which (...)

The European Commission approves a State aid in the motor vehicles industry addressing the issue of the use of cost-benefit analysis in cases with low aid intensities (Ford Bridgend)
European Commission - DG COMP (Brussels)
"Motor vehicles industry: Cost-benefit analysis is no longer used in cases with low aid intensities"* On 18 December 1996, the Commission took a positive decision on an investment aid project in favour of Ford Bridgend (South Wales, UK). The aided investment is concerned with setting up a (...)

The EU Commission approves the redefinition of regional aid areas in Germany
European Commission - DG COMP (Brussels)
"Commission approves the redefinition of regional aid areas in Germany for the period 1997-99"* On 18 December 1996, the Commission has approved the redefinition of the regional aid areas for Germany for the period 1997 to 1999. As a result of this redefinition, the regional aid status (...)

Regulatory