February 2002

Anticompetitive practices

 The EU Court of First Instance clarifies the application of the EU liner conference block exemption (TACA)
European Commission - DG COMP (Brussels)
Belgium 5 contributions 868 visits
"Recent judgments in the liner shipping sector"* 1. Introduction On 28 February 2002, the European Court of First Instance (the CFI) delivered three judgments of great importance for EU maritime competition policy. Ruling on appeals brought against the 1994 TAA and FEFC decisions and 1996 (...)

The EU Court of First Instance confirms the Commission’s decision in a price-fixing case in the shipping sector clarifying the scope of regulation 4056/86 concerning the application of articles 85 and 86 of the EC Treaty to the maritime transports (TACA)
European Commission - DG COMP (Brussels)
Belgium 5 contributions 868 visits
"Recent judgments in the liner shipping sector"* 1. Introduction On 28 February 2002, the European Court of First Instance (the CFI) delivered three judgments of great importance for EU maritime competition policy. Ruling on appeals brought against the 1994 TAA and FEFC decisions and 1996 (...)

The EU Court of First Instance upholds the Commission’s decision concerning a price-fixing case in the shipping sector (TACA)
European Commission - DG COMP (Brussels)
Belgium 5 contributions 868 visits
"Recent judgments in the liner shipping sector"* 1. Introduction On 28 February 2002, the European Court of First Instance (the CFI) delivered three judgments of great importance for EU maritime competition policy. Ruling on appeals brought against the 1994 TAA and FEFC decisions and 1996 (...)

The EU Court of Justice rules that the compulsory tariffs for the fees payable to members of the Italian bar are not contrary to the Treaty provisions on competition (Arduino)
European Court of Justice (Luxembourg)
Luxembourg 321 contributions 88387 visits
THE COMPULSORY TARIFFS FOR THE FEES PAYABLE TO MEMBERS OF THE ITALIAN BAR ARE NOT CONTRARY TO THE TREATY PROVISIONS ON COMPETITION* The Italian procedure which consists in the approval by the Government of a draft scale of fees payable to members of the Bar - proposed by the National (...)

The European Commission adopts a new Leniency Notice
Jones Day (Brussels)
Belgium 29 contributions 21036 visits
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Jones Day (Brussels)
Belgique 26 contributions 8014 visites
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Macchi di Cellere Gangemi (London)
United Kingdom 5 contributions 2700 visits
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The detection and punishment of illegal cartels are at the top of the European Commission’s enforcement agenda. In 2001, the Commission meted out record fines in cartel cases totaling $ 1.6 billion, eclipsing the U.S. single-year record of $ 1.1 billion. Historically, the Commission’s fabled « (...)

The EU Court of Justice rules that the prohibition by the Dutch General Council of multi-disciplinary partnerships between members of the bar and accountants is compatible with competition law (Wouters)
European Court of Justice (Luxembourg)
Luxembourg 321 contributions 88387 visits
THE NETHERLANDS RULES PROHIBITING MULTI-DISCIPLINARY PARTNERSHIPS BETWEEN MEMBERS OF THE BAR AND ACCOUNTANTS ARE COMPATIBLE WITH THE TREATY* The obligations of professional conduct imposed on lawyers, who must advise and represent their clients independently, may militate against that kind of (...)

The EU Commission issues new notice on immunity and reduction of fines in cartel cases
DG DEFIS (Brussels)
Belgium 4 contributions 1485 visits
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European External Action Service (Brussels)
Belgium 3 contributions 1338 visits
"The Commission’s new notice on immunity and reduction of fines in cartel cases: building on success"* On 13 February 2002, the Commission adopted its new notice on immunity from fines and reduction of fines in cartel cases. The notice entered into force the following day and replaced the 1996 (...)

The German Federal Court of Justice holds that a municipality that subsidises certain trips with taxis or rental cars with an allowance does not infringe the vertical price fixing prohibition when entering into a framework contract with the service provider according to which the provider agrees to transport guests at a certain rate (Jugendnachtfahrten)
Linklaters (Düsseldorf)
Germany 17 contributions 18752 visits
Description of the impugned case The BGH holds that the obligation of the service provider to forward orders at fixed conditions does not constitute an infringement of the prohibition to fix prices for agreements with a third party as in the taxi drivers are under no obligation to provide (...)

The EU Commission adopts proposal for a new motor vehicle block exemption
European Commission - DG RTD (Brussels)
Belgium 3 contributions 888 visits
"Towards a new motor vehicle block exemption — Commission proposal for motor vehicle distribution, adopted on 5 February 2002"* 1. Why a new sector specific Block Exemption Regulation? As evidenced in the Commission’s evaluation report on Regulation 1475/95] (the current Block Exemption (...)

The UK OFT clears the standard licensing conditions of an association following amendments (Association of Film Distributors)
Orrick, Herrington & Sutcliffe (London)
United Kingdom 8 contributions 2885 visits
I. Introduction On 1 February 2002, the UK Office of Fair Trading (“OFT”) published its decision on the amended standard conditions for licensing the commercial exhibition of films (the “Amended Conditions”) notified by the Film Distributors’ Association Ltd (“FDA”) . Following recommendations from (...)

The EU Commission and the UK Competition Authority raise concerns about a proposed alliance between British and US companies airlines (British Airways / American Airlines)
European Commission - DG COMP (Brussels)
Belgium 6 contributions 2100 visits
"Air transport — The proposed British Airways-American Airlines alliance"* In August 2001, the Commission, the UK Office of Fair Trading (‘OFT’) and the US Department of Transportation (‘DoT’) were informed of the intention of British Airways (‘BA’) and American Airlines (‘AA’) to deepen their (...)

Unilateral Practices

 The Dutch Competition Authority extends its investigation into tariff charges for electronic debit card payment facilities (Interpay)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 198 contributions 32492 visits
NMa Extends its Investigation into Interpay* The Netherlands Competition Authority (NMa) is extending its investigation into Interpay. The decision to do so was taken on the basis of a preliminary investigation by NMa and signals received from the market. The tariffs Interpay charges for its (...)

The French Competition Authority grants interim measures in the ADSL line sector (France Télécom)
French Competition Authority (Paris)
France 717 contributions 370051 visits
High-speed Internet access via ADSL : the Conseil de la concurrence orders France Télécom to suspend sales of eXtense packs in its outlets* Following a referral by the company T-Online, an Internet service provider operating under the brand name Club Internet, the Conseil de la concurrence (...)

The German Competition Authority discontinues proceedings on suspicion of abuse of dominance in the electricity sector after receiving commitments for a new tender system for the procurement of balancing energy (EnBW Transportnetze)
German Competition Authority (Bonn)
Germany 427 contributions 108047 visits
Abuse proceedings against EnBW in the balancing energy sector discontinued* The Bundeskartellamt has discontinued the abuse proceedings instituted at the end of October 2001 against EnBW Transportnetze AG (EnBW) on suspicion of charging their competitors inappropriate fees for balancing (...)

The German Competition Authority prohibits a domestic airline company to adopt a low pricing strategy designed to squeeze a new competitor out of the market (Deutsche Lufthansa)
German Competition Authority (Bonn)
Germany 427 contributions 108047 visits
Bundeskartellamt prohibits Lufthansa from hindering its rival Germania* The Bundeskartellamt sees the pricing strategy of Deutsche Lufthansa AG (DLH) as an attempt to squeeze its new competitor, Germania Fluggesellschaft mbH, Berlin (Germania) out of the market and fears that emerging (...)

Mergers

 The Lithuanian Competition Authority clears an acquisition in the retail market for oil products subject to remedies, including commitments not to merge companies concerned and to apply non-discriminatory pricing (Maþeikiø nafta / Uotas)
Amazon (Singapore)
Singapore 18 contributions 38519 visits
The operation By a decision dated 28 February 2002, the Lithuanian Competition Council authorized in phase II the acquisition by AB Maþeikiø nafta (« Maþeikiø nafta ») of 85 % shares of UAB Uotas (« Uotas »). In the same Decision the Council authorized the acquisition of joint control of Uotas by (...)

The German Competition Authority prohibits planned acquisition of broadband cable networks (Deutsche Telekom / Liberty Media)
German Competition Authority (Bonn)
Germany 427 contributions 108047 visits
Bundeskartellamt prohibits planned Liberty Media/KDG merger* The Bundeskartellamt has prohibited Liberty Media’s planned acquisition of Deutsche Telekom AG’s (KDG) broadband cable networks. The merger would strengthen dominant positions in the supply market for broadcasting signals to final (...)

The German Competition Authority prohibits the acquisition of a majority stake in the energy sector as it would give a party indirect control over its competitor and strengthen dominant positions in the gas and electricity markets (E.ON Düsseldorf / Bergemann Essen)
German Competition Authority (Bonn)
Germany 427 contributions 108047 visits
Bundeskartellamt prohibits E.ON’s acquisition of majority stake in Ruhrgas* The Bundeskartellamt has prohibited E.ON AG, Düsseldorf, (E.ON) from acquiring Bergemann GmbH, Essen (Bergemann) which would give it indirect control of Ruhrgas AG, Essen (Ruhrgas). The President of the Bundeskartellamt, (...)

The European Commission refers an acquisition to the UK competition authorities concerning the sector of food catering (Compass/Restorama/Rail Gourmet/Gourmet Nova)
DG Economic and Financial Affairs-ECFIN (Brussels)
Belgium 65 contributions 32646 visits
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European Commission - DG COMP (Brussels)
Belgium 48 contributions 12680 visits
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Financial Conduct Authority (London)
United Kingdom 80 contributions 22033 visits
"Merger Control: Main developments between 1st January 2002 and 30th April 2002"* The European Commission referred the acquisition by Compass of Rail Gourmet UK to the competition authorities of the United Kingdom, which had expressed concerns about reduction of competition in the UK on-train (...)

The French Minister of Economy clears a merger in the cinema sector with structural and behavioural remedies (Gaumont / Pathé / Europalaces)
French Competition Authority (Paris)
France 83 contributions 287964 visits
The operation By the present transaction, Pathe will acquire the sole control of Gaumont. Both parties are producers, distributors and cinema operators. The market(s) The markets have been defined as (i) the movie distribution and (ii) the operating of movie theatres. Remedy 1: Divesture (...)

The EU Commission clears an acquisition in the building materials sector after partially referring the case to the German Competition Authority (Haniel / Fels)
DG Economic and Financial Affairs-ECFIN (Brussels)
Belgium 65 contributions 32646 visits
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European Commission - DG COMP (Brussels)
Belgium 48 contributions 12680 visits
,
Financial Conduct Authority (London)
United Kingdom 80 contributions 22033 visits
"Merger Control: Main developments between 1st January 2002 and 30th April 2002"* The Commission cleared the proposed acquisition by Haniel Baustoff-Industrie Zuschlagstoffe GmbH of Fels-Werke GmbH, two German companies active in the building materials sector. The Commission examined carefully (...)

The EU Commission conditionally clears the acquisition of a French pet food company by US leading food manufacturer (Masterfoods / Royal Canin)
DG Economic and Financial Affairs-ECFIN (Brussels)
Belgium 65 contributions 32646 visits
,
European Commission - DG COMP (Brussels)
Belgium 48 contributions 12680 visits
,
Financial Conduct Authority (London)
United Kingdom 80 contributions 22033 visits
"Merger Control: Main developments between 1st January 2002 and 30th April 2002"* The Commission cleared the proposed acquisition of the French pet food company Royal Canin S.A. by Masterfoods Holding, a French subsidiary of Mars Inc.of the United States. Mars undertook to divest its (...)

The German Competition Authority finds that planned acquisition was prone to strengthen dominant positions in the supply market for broadcasting signals to final customers (TeleColumbus / Liberty Media)
German Competition Authority (Bonn)
Germany 427 contributions 108047 visits
Bundeskartellamt issues warning regarding the planned Liberty Media/TeleColumbus GmbH merger* According to the preliminary assessment of the Bundeskartellamt, the planned acquisition by Liberty Media of subsidiaries of TeleColumbus GmbH would, so far as these are active in the territory of (...)

The European Commission partially clears a merger between two Danish largest slaughterhouses and refers part of the assessment to the Danish authorities (Danish Crown/Steff-Houlberg)
DG Economic and Financial Affairs-ECFIN (Brussels)
Belgium 65 contributions 32646 visits
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European Commission - DG COMP (Brussels)
Belgium 48 contributions 12680 visits
,
Financial Conduct Authority (London)
United Kingdom 80 contributions 22033 visits
"Merger Control: Main developments between 1st January 2002 and 30th April 2002"* The Commission’s own preliminary review of the case showed that the competition concerns were limited to the Danish market where Danish Crown and Steff-Houlberg are currently the two largest competitors. The (...)

The Turkish Competition Authority clears an acquisition in the special chemicals industry sector (Eliokem / Goodyear Chemicals)
Erdem & Erdem (Istanbul)
Turkey 67 contributions 75465 visits
In its decision dated 12 February 2002, the Turkish Competition Board (Hereafter “CB”) unconditionally cleared the acquisition by Eliokem Holding SAS (Hereafter “Eliokem”), under the control of Littlejohn Fund II, L.P. (Hereafter “Littlejohn”), of Goodyear Chemicals Europe (Hereafter “GCE”). The (...)

The Slovak Competition Office cleared a merger in the sector of tobacco with a remedy consisting in the limitation on the combined market share of undertakings concerned (Royal Invest Consulting/Coop Centrum/Barczi/KT Print)
Čechová & Partners (Bratislava)
Slovakia 12 contributions 18297 visits
The operation By a decision dated 04 02 2002, the Antimonopoly Office of the Slovak Republic authorized the merger between the companies Royal Invest Consulting, spol. s.r.o., COOP CENTRUM, a.s., BARCZI, spol. s.r.o. and KT PRINT, s.r.o. consisting in the creation of a joint venture operating (...)

The German Competition Authority clears a planned acquisition of electricity plants after imposing a reduction of the shares to be acquired (RWE / GEW)
German Competition Authority (Bonn)
Germany 427 contributions 108047 visits
Bundeskartellamt forces RWE’s acquisition of share in GEW Rhineland below merger threshold* The Bundeskartellamt has cleared the planned acquisition of the electricity plants of RWE AG, Essen (RWE) located on the right bank of the Rhine by GEW AG, Cologne (GEW). RWE’s plan to acquire a share in (...)

State Aid

 The EU Commission decides not to raise objections to a State aid program by the Netherlands on soil rehabilitation
European Commission - DG COMP (Brussels)
Belgium 5 contributions 1562 visits
"The rehabilitation of polluted industrial sites in the Netherlands"* Introduction The Commission has set specific provisions for rehabilitation of polluted industrial sites in the Community guidelines on State aid for environmental protection, hereafter the environmental guidelines. On 27 (...)

The EU Commission approves the new multi-sectoral framework on regional aid for large investment projects
European Parliament (Brussels)
Belgium 5 contributions 1664 visits
"The new Multisectoral Framework for large investment projects"* On 13 February 2002, the European Commission approved a major reform to establish a faster, simpler and more accountable control system of Government support to large investments in the EU . The so-called ‘Multisectoral Framework (...)

Procedures

 A Belgium Court of Appeal rules that quantity based price discrimination by beer supplier is not violating EC Reg. N° 1984/83 nor Art. 81.3 EC (Hermans and Daniel/Maloir)
KU Leuven
Belgium 9 contributions 49316 visits
In this case Ms. Hermans and Mr. Daniels appealed against the judgment held in first instance by the Commercial Court of Tongeren (handed down on 3 December 1999). The Commercial Court had found Ms. Hermans and Mr. Daniels liable for breach of contract and BF 510.000 (= € 12.642,57) damages were (...)

Regulatory

 The EU Commission settles case with Norwegian gas producers in the context of liberalization of EU gas markets (GFU)
European Anti-Fraud Office - OLAF (Brussels)
Belgium 8 contributions 4110 visits
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Eurojobsites (Brussels)
2 contributions 966 visits
"Liberalisation of European Gas Markets - Commission settles GFU case with Norwegian gas producers"* 1. Introduction The European Commission has recently intensified its efforts to liberalise European gas markets. Whilst originally only internal market rules were used to push for market (...)

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