December 2003

Anticompetitive practices

 The European Commission exempts vertical restraints in the Nordic pay-TV Sector (Telenor/Canal+/Canal Digital)
European Court of Justice (Luxembourg)
Luxembourg 23 contributions 29693 visits
"Commission exempts vertical restraints in the Nordic pay-TV Sector: Telenor/Canal+/Canal Digital"* Introduction After a fundamental restructuring of the Spanish and Italian pay-TV markets, also the Nordic pay-TV sector has undergone major changes in recent times, albeit in a different (...)

The French Competition Authority orders interim measures to address competition concerns in the press distribution sector (NMPP)
French Competition Authority (Paris)
France 709 contributions 361732 visits
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence announces interim measures concerning NMPP.* In a decision dated 22 December 2003, the Conseil de la concurrence, following a case filed by Messageries Lyonnaises de presse (...)

The European Commission fines a cartel in the industrial copper tube producers
Delegation of the European Union to the Pacific (Fiji)
Belgium 2 contributions 695 visits
"Commission adopts a cartel decision imposing fines on industrial copper tube producers"* In the fifth decision against had core cartels adopted in 2003, the Commission imposed fines totalling EUR 79 million on the major European copper tubes producers, including Outokumpu, KME-group and (...)

The Irish Competition Authority announces details of its investigation into allegations of retail price maintainance on the newspapers market (The Irish Times)
Irish Competition Authority (Dublin)
Ireland 86 contributions 13994 visits
Newspapers to amend business practices considered anti-competitive by The Competition Authority* The Competition Authority today (13th December) announced details of its investigation into allegations that the price at which retailers sell newspapers was fixed. The Competition Authority has (...)

The Japan Fair Trade Commission imposes surcharges on two constructors compagnies regarding the bid-riggings on civil engineering works (Miyamoto Kensetsu and Seto Sangyo)
Japan Fair Trade Commission (Tokyo)
Japan 126 contributions 22059 visits
A decision on surcharge to Miyamoto Kensetsu Inc. and Seto Sangyo Inc. * The JFTC today issued a decision that construction companies, Miyamoto Kensetsu Inc. and Seto Sangyo Inc. pay surcharge regarding the bid-riggings on civil engineering works called by City of Takamatsu (Kagawa (...)

The EU General Court finds that the Commission did not exceed its investigative powers and so confirms the decision sanctioning cartels in the Greece-Italy shipping sector (Minoan / Marlines / Ventouris / Adriatica / Strintzis)
General Court of the European Union (Luxembourg)
Luxembourg 58 contributions 26414 visits
THE COURT OF FIRST INSTANCE CONFIRMS THE SUBSTANCE OF THE COMMISSION’S DECISION SANCTIONING ANTI-COMPETITIVE CARTELS IN THE GREECE-ITALY SHIPPING SECTOR* Fines imposed on Ventouris Group Enterprises SA and Adriatica di Navigazione SpA alone were reduced on the ground that the Commission’s (...)

The European Commission fines members of the organic peroxides cartel (Atofina / Peroxid Chemie / Laporte / Perorsa / AC-Treuhand)
European Commission - DG COMP (Brussels)
Belgium 2 contributions 807 visits
"Commission fines members of the organic peroxides cartel"* In a decision adopted on 10 December 2003, the European Commission has imposed fines totalling nearly 70 million on Atofina, Peroxid Chemie, Laporte (now known as Degussa UK Holdings), Perorsa and AC Treuhand AG for operating acartel (...)

The Japan Fair Trade Commission imposes surcharges on participants in bidding for clinical laboratory test called by nationalpublic hospitals (SRL)
Japan Fair Trade Commission (Tokyo)
Japan 126 contributions 22059 visits
JFTC surcharged participants in bidding for clinical laboratory test called by national/public hospitals* As for bids called by national/public hospitals, the JFTC ordered 6 participants in tendering for contracts of clinical laboratory test to pay surcharge in accordance with Section (...)

The Japan Fair Trade Commission imposes surcharges on participants in bidding for paving works (Meisei Kensetsu Kougyo and Noguchi Hodo)
Japan Fair Trade Commission (Tokyo)
Japan 126 contributions 22059 visits
JFTC surcharged participants in bidding for paving works, called by Kyoto City* As for bids called by Kyoto City, the JFTC ordered 2 participants (Meisei Kensetsu Kougyo K. K. (hereafter MEISEI) and Noguchi Hodo K K. (hereafter NOGUCHI) ) in tendering for paving work contracts to pay (...)

The EU General Court annuls the Commission’s decision declaring an automobile company ’s commercial practices with regard to its German dealers unlawful (Volkswagen)
General Court of the European Union (Luxembourg)
Luxembourg 58 contributions 26414 visits
The court of first instance annuls the commission’s decision declaring volkswagen’s commercial practices with regard to its german dealers unlawful* The Commission did not prove an agreement between the automobile manufacturer and its authorised dealers to fix a selling price by prohibiting (...)

The Japan Fair Trade Commission renders its recommendations against manufacturers of cold-rolled stainless steel sheets and steel strips for having implemented an anticompetitive price fixing agreement (Nisshin Steel)
Japan Fair Trade Commission (Tokyo)
Japan 126 contributions 22059 visits
JFTC issues a recommendation to manufacturers of cold-rolled stainless steel sheets on price fixing* JFTC, following an investigating into manufacturers of cold-rolled stainless steel sheets and steel strips (Excluding cold-rolled narrow strips), issued today a recommendation to 6 companies (...)

The Japan Fair Trade Commission renders a decision against two fumigators for having implemented a price fixing agreement (Kanto Fumigation / Naka-ku / Yokohama-shi)
Japan Fair Trade Commission (Tokyo)
Japan 126 contributions 22059 visits
Decision in Hearing against Kanto Kogyo Co., Ltd.* The Japan Fair Trade Commission (“JFTC”) rendered an initial decision for the hearing against the respondent Kanto Kogyo Co., Ltd. (hereafter “respondent”) on September 28, 2001, and thereafter had a hearing examiner conduct the hearing (...)

Unilateral Practices

 The Japanese FTC issues a recommendation to a dominant telecom company in the optical broadband communications services market (Nippon Telegraph and Telephone East)
Japan Fair Trade Commission (Tokyo)
Japan 126 contributions 22059 visits
JFTC renders recommendation and warning to Nippon Telegraph and Telephone East Corporation on optical broadband communications services* The JFTC, following an investigation, today issued a recommendation to Nippon Telegraph and Telephone East Corporation (NTT East) for the violation of (...)

The EU General Court upholds the Commission’s ruling against a British airline company for abusing its dominant position (British Airlines)
General Court of the European Union (Luxembourg)
Luxembourg 58 contributions 26414 visits
The court of first instance upholds the ruling against British airways for abuse of a dominant position* The performance reward schemes used by British Airways to calculate travel agents’ commissions constitutes an abuse of the dominant position held by British Airways on the United Kingdom (...)

The French Competition Authority rejects a request for interim measures on the pay-TV market (Télé / TPS)
French Competition Authority (Paris)
France 709 contributions 361732 visits
The Conseil de la concurrence rejects the request for interim measures filed by the news channel I>Télé and the Canal Plus Group, but continues its full inquiry into the case on the merits.* In July 2003, the Conseil de la concurrence received a complaint from the company I>Télé and the Canal Plus (...)

The French Competition Authority orders interim measures to address competition concerns in the public radio broadcasting sector (TDF)
French Competition Authority (Paris)
France 709 contributions 361732 visits
The Conseil de la concurrence observes the end of TDF’s monopoly on broadcasting programmes for Radio France and imposes interim measures.* In a decision dated 1st December 2003, the Conseil de la concurrence imposed interim measures against TDF. The measures were intended to ensure that the (...)

Mergers

 The French Minister of Economics cleared a merger in the sector of building materials with remedies, including divestitures and behavioural remedies (Point P / PUM Plastiques)
Paris Dauphine University
France 22 contributions 55787 visits
The operation By a letter dated 24 December 2003, the French Minister of Economy, Finance, and Industry authorised the acquisition of PUM Plastiques SA (“PUM Platisques”) by Point P, subsidiary of Compagnie de Saint-Gobain (“Saint-Gobain”). Saint-Gobain is specialised in building materials, which (...)

The EU Commission accepts the request of the Belgian Ministry of Economic Affairs to refer the examination of the entire transaction arising from the agreements between two Belgian companies about the supply of electricity and gas to eligible customers in the Brussels region (Sibelga / Electrabel)
JG Associates (Brussels)
193 contributions 62329 visits
,
European Commission - DG COMP (Brussels)
Belgium 148 contributions 49119 visits
"Merger Control: Main developments between 1st September 2003 and 31st December 2003"* On 19 December 2003 the Commission decided to accept the request of the Belgian Ministry of Economic Affairs to refer the examination of the entire transaction arising from the agreements between Sibelga and (...)

The Italian Competition Authority clears a merger in the tobacco sector with behavioural remedies (British American Tobacco / Ente Tabacchi Italiani)
Italy 16 contributions 42794 visits
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Chiomenti (Rome)
Italy 19 contributions 51293 visits
The operation The operation is the last step of the privatisation process concerning the activities of Italian State in the tobacco industry. The transaction follows a call for tenders launched by the Ministry of the Economy and Finance in 2003 and won by British American Tobacco (BAT). (...)

The Austrian Cartel Court clears an acquisition in the media sector subject to remedies aimed at ensuring media pluralism (Moser / Athesia)
Taylor Wessing (Berlin)
Germany 15 contributions 28061 visits
The operation Moser Holding AG (Moser) controls the major daily newspaper in the Tyrol ("Tiroler Tageszeitung") and the regional Tyrolean radio station "Antenne Tirol". Athesia Druck GmbH (Athesia) publishes the South Tyrolean newspaper "Dolomiten" and runs the local radio station "Arabella (...)

The Italian Competition Authority cleared with remedies a merger in the tobacco sector (British American Tobacco / Ente Tabacchi Italiani)
Italy 16 contributions 42794 visits
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Chiomenti (Rome)
Italy 19 contributions 51293 visits
The operation The operation is the last step of the privatisation process concerning the activities of Italian State in the tobacco industry. The transaction follows a call for tenders launched by the Ministry of the Economy and Finance in 2003 and won by BAT. Therefore, as a result of the (...)

The EU Commission approves a Spanish joint venture in the media sector (Prisa / Polestar / Ibersuizas)
JG Associates (Brussels)
193 contributions 62329 visits
,
European Commission - DG COMP (Brussels)
Belgium 148 contributions 49119 visits
"Merger Control: Main developments between 1st September 2003 and 31st December 2003"* In December the Commission approved a proposed Spanish joint venture, which will bring together the printing activities of Spanish media group Prisa and those of British graphic arts company Polestar. On 6 (...)

The Lithuanian Competition Council clears in phase II a merger in the markets of fixed and mobile communications with structural and behavioural remedies (TeliaSonera / Omnitel)
Amazon (Singapore)
Singapore 18 contributions 38507 visits
The operation By a decision dated 11 December 2003, the Lithuanian Competition Council authorized in phase II the acquisition by TeliaSonera AB (« TeliaSonera ») of up to 90 % shares of UAB Omnitel (« Omnitel ») through Amber Mobile Teleholding AB (« Amber Mobile »). The market(s) The relevant (...)

The Dutch Competition Authority clears a merger in the electricity sector subject to third parties’ access to infrastructure (Nuon / Reliant)
Booking.com
Netherlands 15 contributions 38959 visits
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Bahl & Co (Amsterdam)
Netherlands 15 contributions 38959 visits
The operation Nuon is an electricity producer and distributor. Reliant is one of the larger electricity producers in the Netherlands. Nuon proposed acquiring the whole of issued capital of Reliant (para. 3). The market(s) The activities of Nuon and Reliant with regard to the production and (...)

The EU Commission clears at phase I, subject to a structural remedy, the acquisition whereby a wholly-owned subsidiary would acquire a non-destructive testing business in the electric sector (GE / GEAE)
Trinity College Dublin
Ireland 12 contributions 974 visits
Introduction 1 On 5 December 2003 the European Commission (the Commission), cleared at Phase I, subject to a structural remedy, the acquisition whereby the General Electric Company (GE), via a wholly-owned subsidiary, GE Aircraft Engines (GEAE), would acquire Agfa-Gevaert’s non-destructive (...)

The EU Commission clears a merger in the portable ultrasound non destructive testing devices (Agfa / GE)
JG Associates (Brussels)
193 contributions 62329 visits
,
European Commission - DG COMP (Brussels)
Belgium 148 contributions 49119 visits
"Merger Control: Main developments between 1st September 2003 and 31st December 2003"* On 5 December the Commission cleared the proposed acquisition of Agfa‘s non-destructive testing (NDT) business by General Electric (GE) of the US. GE is a diversified industrial corporation active gobally in (...)

The UK Competition Appeal Tribunal rules on the obligation for the OFT to refer a merger case to the Competition Commission whenever there is doubt about whether it would result in a substantial lessening of competition (IBA Health)
Hogan Lovells (London)
United Kingdom 4 contributions 1115 visits
On 3 December 2003, the Competition Appeal Tribunal in the UK upheld an application by IBA Health Ltd for judicial review against the Office of Fair Trading’s decision not to refer the anticipated merger between iSoft Plc and Torex Plc to the Competition Commission for detailed investigation. (...)

The UK Competition Appeal Tribunal rules on the obligation for the OFT to refer a merger case to the Competition Commission whenever there is doubt about whether it would result in a substantial lessening of competition (IBA Health)
Hogan Lovells (London)
United Kingdom 4 contributions 1115 visits
On 3 December 2003, the Competition Appeal Tribunal in the UK upheld an application by IBA Health Ltd for judicial review against the Office of Fair Trading’s decision not to refer the anticipated merger between iSoft Plc and Torex Plc to the Competition Commission for detailed investigation. (...)

The German Bundeskartellamt clears a joint venture in the local public transport sector, under the condition that contracts for local public transport services be increasingly awarded through competitive procedures (DB Regio / Ustra Intalliance)
Baker McKenzie (Berlin)
Germany 34 contributions 82853 visits
The operation On 7 July 2003 the Bundeskartellamt was notified of the proposal of DB Regio AG (“DB Regio”) and üstra Hannoversche Verkehrsbetriebe AG (“üstra”), to combine their local public transport activities in the greater Hanover area in the joint venture üstra intalliance AG (“intalliance”). (...)

State Aid

 The Strasbourg and Nancy Administrative Courts rule that contracts passed between the airport of Strasbourg and a low-cost airline company are a State aid requiring a notification to the EU Commission (Brit Air / Ryan Air)
Schmitt Avocats (Paris)
France 16 contributions 87195 visits
One of the hottest topics these last months in the field of state aid is the conditions by which regional airports decided the opening of new international routes with the help of low cost airline companies. In France, the first important case took place in Strasbourg and concerned the opening (...)

The EU Commission authorizes the German ship-financing guarantee schemes
European Commission - DG COMP (Brussels)
Belgium 9 contributions 4676 visits
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Deloitte (Brussels)
Belgium 12 contributions 4151 visits
"The new German ship-financing guarantee schemes: Commission gives green light"* Introduction On 16 December 2003 the European Commission decided to approve a new German proposal of ship financing guarantees. The guarantees will be operated in Germany’s five coastal Länder (Niedersachsen, (...)

The EU Commission rules that the Dutch energy tax exemption for energy intensive end-users does not constitute a State aid
European Commission - DG COMP (Brussels)
Belgium 5 contributions 1560 visits
"Energy taxation and state aid The Netherlands: energy tax exemption for energy intensive end-users"* In November 2003, the Dutch authorities notified a fiscal State aid measure called ‘Energy Tax Exemption for Energy Intensive End-users’.The Dutch regulatory energy tax is a tax on natural gas (...)

The Romanian State Aid Regime: An overview
European Security Transport Association (ESTA)
Belgium 4 contributions 19268 visits
Law n° 143/1999 on State Aid, Last consolidated version of December 15th 2003 (Unofficial English translation) Competition Law n° 21/1996, Romanian Official Journal, Part I, n° 88, April 30th, 1996 (Unofficial English translation) The legal basis for the creation of a state aid control regime in (...)

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