February 2001

Anticompetitive practices

 The EU Commission terminates infringement procedures against production and sales license agreements between cigarettes manufacturers (Philip Morris / Altadis)
European Commission - DG COMP (Brussels)
Belgium 2 contributions 528 visits
Commission terminates infringement procedure against production and sales license agreements between Philip Morris and Altadis* The European Commission has decided to close an infringement procedure against tobacco companies Philip Morris of the United States and Spain’s Tabacalera (merged with (...)

The Dutch Competition Authority conducts investigations into price formation on the beef market
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
Netherlands 191 contributions 31561 visits
NMa Conducts Investigation into Price Formation in the Beef Sector* Recently the situation on the beef market has deteriorated considerably due to the BSE crisis. Partly as a result of this, NMa received a formal application for exemption from Stichting Saneringsfonds Runderslachterijen (...)

The Dutch Competition Authority imposes fines on 16 notaries in Breda for market sharing
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
Netherlands 191 contributions 31561 visits
NMa Lowers Fines for Notaries in Breda* The fines imposed on 16 notaries in Breda by the Dutch Competition Authority (NMa), due to agreements entered into by the notaries to divide the market amongst themselves, were reduced on appeal. The original fines varied from NLG 15,000 to NLG 20,000. (...)

Unilateral Practices

 The Australian Federal Court upholds an appeal against a national masonry company for predatory pricing (Boral Besser Masonry)
Australian Competition and Consumer Commission (Canberra)
Australia 352 contributions 74429 visits
Court upholds predatory pricing appeal against Boral Besser Masonry Ltd – Important case about misuse of market power* In an important decision the Full Court of the Federal Court late yesterday decided unanimously that Boral Besser Masonry Ltd’s* pricing below manufacturing costs breached the (...)

The Dutch Competition Authority suspects that a cooperative association to which 90% of veterinarians in the Netherlands are affiliated infringed competition law (Coöperatieve Nederlandse Veterinair-Farmaceutische Groothandel / Aesculaap)
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
Netherlands 191 contributions 31561 visits
NMA DRAWS UP A REPORT ON VETERINARY MEDICINE WHOLESALERS* After carrying out an investigation, the Dutch Competition Authority (NMa) has reason to believe that Coöperatieve Nederlandse Veterinair-Farmaceutische Groothandel U.A. (in short, AUV) has contravened the Competition Act. Until the end (...)

The French Competition Authority fines TV channel for implementing market share discounts practices in the sales of television advertising space sector (TF1 / Canal plus)
French Competition Authority (Paris)
France 709 contributions 361254 visits
Practices of market share discounts in the sector for sales of television advertising space : the Conseil de la concurrence sanctions TF1* In a decision dated 13th February 2001, following a request from the company Canal Plus, the Conseil de la concurrence ruled on the practice of market (...)

Mergers

 The Italian Competition Authority clears a merger in the sector of energy with structural remedy (Enel-France Telecom / New wind)
Italy 16 contributions 42793 visits
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Chiomenti (Rome)
Italy 19 contributions 51292 visits
The operation The Italian Competition Authority approved with conditions the two steps transaction by which Enel S.p.A. will acquire the whole capital stake of Infostrada S.p.A. and, then, Wind Telecomunicazioni S.p.A. will be merged with Infostrada S.p.A. The new entity, New Wind, will be (...)

The Danish Competition Council approved an acquisition in the natural gas market subject to remedies including dramatically reducing the duration of existing "take-or-pay" contracts with centralised power stations and granting third parties access to the transmission network and available gas storage capacity (DONG Naturgas / Naturgas Sjaelland)
Kromann Reumert (Copenhagen)
Danemark 16 contributions 18507 visites
The operation DONG Naturgas A/S was a wholly-owned subsidiary of DONG A/S. The activities of DONG A/S included: the purchase of natural gas; the transport of natural gas including transmission and distribution; the storage of natural gas; the sale of natural gas to end customers; the sale of (...)

The Dutch Competition Authority approves a joint venture of the activities of holiday parks (Center Parcs and Gran Dorado / Carp and Pierre Vacances)
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
Netherlands 191 contributions 31561 visits
NMa Approves the Merger of Gran Dorado and Center Parcs after Amendments* The Dutch Competition Authority (NMa) today approved the merging through a joint venture of the activities of Center Parcs and Gran Dorado by Pierre & Vacances S.A. and Carp Ltd., after the parties involved had (...)

The Dutch NCA cleared a merger in the sector of entertainment with divestment (Gran Dorado-Center Parcs)
Booking.com
Netherlands 15 contributions 38955 visits
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Bahl & Co (Amsterdam)
Netherlands 15 contributions 38955 visits
The operation Pierre & Vacances S.A. and Carp (Jersey) Ltd. proposed to jointly acquire the whole of Center Parcs N.V.’s and Gran Dorado Leisure N.V.’s issued share capitals (para. 7). The market(s) The NMa assessed the effects of the merger in relation to the possible markets for (i) (...)

The Turkish Competition Authority clears a merger in the pharmaceuticals sector subject to limitation of a non-compete clause (Abbott / BASF)
Esin (Istanbul)
Turkey 51 contributions 94060 visits
The operation Abbott is a USA based public company which is active in the field of discovery, improvement, manufacture and marketing of certain pharmaceutical products. Abbott holds 99.9% of its Turkish subsidiary which is also active in the pharmaceutical sector. BASF is a German public (...)

The Czech Competition Authority clears a merger in the petrochemical sector subject to maintaining supply of the target’s products (Unipetrol / Paramo)
Prague City Hall
13 contributions 29576 visits
The operation The operation involved the privatization of PARAMO whose 71% of shares were transferred, upon the decision of the Czech government, on an acquirer selected in a public tender. According to the result of the tender, the above-mentioned shares in PARAMO were acquired by UNIPETROL (...)

The EU Commission refers to the Finnish Competition Authority part of the examination of the impact of a proposed acquisition in the markets for wood based fuels and peat (Metsäliitto Osuuskunta / Vapo Oy)
DG Economic and Financial Affairs (ECFIN) (Brussels)
Belgium 65 contributions 32474 visits
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European Commission - DG COMP (Brussels)
Belgium 48 contributions 12557 visits
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Financial Conduct Authority (London)
United Kingdom 80 contributions 21861 visits
"Merger Control: Main developments between 1st January 2001 and 30th April 2001"* On 8 February 2001, the Commission decided to refer to the Finnish Competition Authority – Kilpailuvirasto – part of the examination of the impact of the proposed acquisition by Finland’s Metsäliitto Osuuskunta of a (...)

The EU Commission conditionally clears the acquisition of joint control of a German electricity company by a French electricity incumbent and an association of nine south-west German districts (EDF / Zweckverband Oberschwäbische Elektrizitätswerke / Energie Baden-Württemberg)
DG Economic and Financial Affairs (ECFIN) (Brussels)
Belgium 65 contributions 32474 visits
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European Commission - DG COMP (Brussels)
Belgium 48 contributions 12557 visits
,
Financial Conduct Authority (London)
United Kingdom 80 contributions 21861 visits
"Merger Control: Main developments between 1st January 2001 and 30th April 2001"* In February, the Commission authorised, subject to conditions, the acquisition of joint control of German electricity company Energie Baden-Württemberg AG (EnBW) by Electricité de France (EdF) and Zweckverband (...)

The Finnish Competition Authority clears a merger in the postal services market with remedies including a hold-separate commitment (Posti / Atkos Printmail)
Grant Thornton (Helsinki)
Finland 8 contributions 17873 visits
The operation On 2 February 2001 the Finnish Competition Authority cleared, in a Phase II decision, a merger in which Suomen Posti Oyj acquired from Tieto Enator Oyj a 29% share in Atkos Printmail. As a result, Suomen Posti owned 80% of Atkos Printmail. At the same time the parties agreed (...)

State Aid

 The EU Commission approves the prolongation of risk capital scheme for small technology companies in Germany (Beteiligungskapital für kleine Technologieunternehmen)
European Commission - DG COMP (Brussels)
Belgium 8 contributions 3332 visits
"Germany — Prolongation of the «Beteiligungskapital für kleine Technologieunternehmen», a risk capital scheme for small technology companies"* The European Commission approved on 28 February 2001 the prolongation of a German risk capital scheme for small technology companies. Under the scheme (...)

The OECD holds a roundtable on competition policy in subsidies and state aid
OECD - Competition Division (Paris)
France 308 contributions 1198722 visits
Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat In the light of the written submissions, the background note and the oral discussion, the following points emerge: (1) Governments of all levels (...)

Procedures

 The EU Court of First Instance clarifies the right to silence in competition law proceedings (Mannesmannröhren-Werke)
European Court of Justice (Luxembourg)
Luxembourg 314 contributions 81551 visits
Case T-112/98 Mannesmannröhren-Werke AG v Commission of the European Communities * 1. The Court of Justice and the Court of First Instance have no jurisdiction to assess the legality of an investigation under competition law by reference to the provisions of the European Convention on Human (...)

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