December 1999

Mergers

The German Federal Cartel Office clears the acquisition of a controlling stake in a construction company with remedies, including the divestiture of business units (Bilfinger+Berger/ Buderus)
E.CA Economics (Berlin)
The operation Bilfinger+Berger Bauaktiengesellschaft AG, Germany (BB) notified the German Federal Cartel Office (FCO) its intent to increase its shareholding in Buderus AG, Germany (Buderus) by 4.41 % to 27.06 % on 24 June 1999. Within two years of this increase, BB also planned to acquire (...)

The Lithuanian Competition Council clears in phase II a merger in the markets for fixed and mobile communications, subject to a commitment to use wireless network technology for development of fixed telecommunications services in rural areas (Lietuvos telekomas / Comliet)
Vodafone (Istanbul)
The operation By a decision dated 14 December 1999, the Lithuanian Competition Council authorized in phase II the merger between the monopoly fixed communications services provider AB Lietuvos telekomas (« Lietuvos telekomas ») and the third mobile communications services provider UAB Comliet (« (...)

The French Minister of Economics clears a merger in the anti-theft electronic systems market, subject to the termination of tied sales (Checkpoint Systems Inc / Meto)
French Competition Authority (Paris)
The operation In this case, the Minister cleared the acquisition of Meto by Checkpoint Systems Inc with remedy. Both companies are provider of electronic systems of anti-theft security including labelling solutions for article identification and security, barcode verifiers, theft-prevention (...)

The EU Commission authorizes the creation of joint venture in the publishing industry (BOL Spain/Bertelsmann/Planeta Corporación)
European Commission (DG NEAR)
"Commission authorises creation of joint venture BOL Spain by Bertelsmann AG and Planeta Corporación S.R.L."* The European Commission has cleared the concentration between Bertelsmann AG and Planeta Corporación S.R.L. Through this operation the parties will obtain joint control over Books (...)

State Aid

The European Commission approves tax incentives granted by the Irish government and opens in the same decision a 88.2 EC procedure (Building owners in the Customs House Docks Area)
DG COMP (Brussels)
"Ireland - The Commission approves tax incentives for building owners in the Customs House Docks Area (CDHA), on the basis of the 1998 Finance Act, but opens the 88.2 EC procedure as regards tax incentives for building owners and for tenants on the basis of the 1994 and 1995 Finance Acts and of (...)

The Paris Commercial Tribunal rules that a recipient of State aid could not be held liable for not having verified whether the aid had been notified (SFEI/La Poste-Chronopost)
Sheppard Mullin (Brussels)
Express delivery is a personalized service for the rapid dispatch of documents and parcels. In France this sector is open to unrestricted competition, unlike the ordinary postal service which is subject to the monopoly of the Post Office. The Société française de messagerie internationale (...)

The French Administrative Court of Caen confirms a lower court’s ruling denying State aid qualification to measures concerning carcass disposal service case (Uniservice Distribution and Honfleur Distribution)
Sheppard Mullin (Brussels)
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Maersk (Copenhagen)
Brief description of the facts and legal issues The claimant contested the legality of the tax, arguing inter alia that it was part of an unlawful State aid scheme. Summary of the Court’s findings The Caen Court stated that the scheme financed by this tax was not State aid. The Caen Court (...)

Procedures

The European Commission fines two brewer companies for supplying incorrect and misleading information in a merger case (Anheuser-Busch and Scottish & Newcastle)
RBB Economics (The Hague)
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DG COMP (Brussels)
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DG COMP (Brussels)
"Commission fines Deutsche Post, KLM, Anheuser-Busch and Scottish & Newcastle for supplying incorrect or misleading information in competition procedures"* On 14 December 1999, the Commission adopted three decisions by which it imposed two fines of 50.000 Euro on Deutsche Post, a fine of (...)

The European Commission fines Dutch airline company for supplying incorrect and misleading information in a merger case (KLM)
RBB Economics (The Hague)
,
DG COMP (Brussels)
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DG COMP (Brussels)
"Commission fines Deutsche Post, KLM, Anheuser-Busch and Scottish & Newcastle for supplying incorrect or misleading information in competition procedures"* On 14 December 1999, the Commission adopted three decisions by which it imposed two fines of 50.000 Euro on Deutsche Post, a fine of (...)

The European Commission fines German postal incumbent for supplying incorrect and misleading information in a merger case (Deutsche Post)
RBB Economics (The Hague)
,
DG COMP (Brussels)
,
DG COMP (Brussels)
"Commission fines Deutsche Post, KLM, Anheuser-Busch and Scottish & Newcastle for supplying incorrect or misleading information in competition procedures"* On 14 December 1999, the Commission adopted three decisions by which it imposed two fines of 50.000 Euro on Deutsche Post, a fine of (...)

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