February 2003

Anticompetitive practices

 The EU Commission adopts a new Block Exemption Regulation for the insurance sector
Hong Kong Competition Commission (Hong Kong)
Hong Kong 15 contributions 3995 visits
"The new insurance block exemption Regulation: a modernised framework for insurance industry and consumers, following extensive consultation"* Introduction On 27 February 2003 the European Commission adopted a new block exemption Regulation for the insurance sector, which replaced the (...)

The EU Commission proposes effective enforcement rules for air transport between the Community and third countries
European Commission - DG COMP (Brussels)
Belgium 3 contributions 602 visits
"Commission proposes effective enforcement rules for air transport between the Community and third countries"* 1. Introduction On 24 February 2003 the Commission adopted a Proposal for a Council Regulation amending two existing regulations in the air transport sector as well as amending (...)

The Japan Fair Trade Commission imposes surcharges on participants in bidding in the port construction market (Ohtsubo Kensetsu K.K)
Japan Fair Trade Commission (Tokyo)
Japan 128 contributions 22435 visits
FTC surcharged participants in bidding for port／harbor construction contracts called by Nagasaki Prefecture* As for bidding called by Nagasaki Prefecture, the JFTC sentenced to pay surcharge to 15 participants in tendering for port/harbor construction contracts, etc.l on 19 February 2003 under (...)

The Japan Fair Trade Commission issues its recommendations against participants in bidding for placing road traffic signals (Tokyo Metropolitan Police Department)
Japan Fair Trade Commission (Tokyo)
Japan 128 contributions 22435 visits
JFTC recommendation to participants in bidding for placing road traffic signals etc． called by the Tokyo Metropolitan Police Department* As for bidding called by the Tokyo Metropolitan Police Department (MPD) for placing road traffic signals,the participants, totaling 17 corporations received (...)

The Japan Fair Trade Commission fines ten corporations wholesaling drugs/medicines for having implemented an anticompetitive agreement (VITAL-NET)
Japan Fair Trade Commission (Tokyo)
Japan 128 contributions 22435 visits
Surcharge sentenced to drug wholesalers in Miyagi Prefecture* FTC sentenced to pay surcharge to ten corporations wholesaling drugs/medicines on 10 February 2003 under Section 48-2 (1) of the Antimonopoly Act. 1. Outline of violation (recommendation 3 Dec 2001, decision 21 Jan 2002) 　There was (...)

The Japan Fair Trade Commission issues its recommendations against participants in bidding for clinical laboratory test market launched by national public hospitals (SRL)
Japan Fair Trade Commission (Tokyo)
Japan 128 contributions 22435 visits
JFTC renders recommendation to participants in bids for clinical laboratory test called by national／public hospitals* As for bidding called by national/public hospitals in Tokyo/Nagoya/Osaka/Fukuoka areas for a clinical laboratory test, the following participants received FTC recommendation in (...)

The US Court of Appeals for the Second Circuit rejects attempt by plaintiff to challenge the Sherman Act conduct in a case involving alleged conspiracy among US options exchanges (Stock Exchanges Options Trading)
Sidley Austin (Washington)
United States 14 contributions 5486 visits
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WilmerHale (Washington)
United States 13 contributions 5841 visits
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Hughes Hubbard & Reed (Washington)
United States 5 contributions 2097 visits
The Second Circuit recently rejected two attempts by plaintiffs to challenge, under Section 1 of the Sherman Act, conduct already subject to scrutiny by the Securities and Exchange Commission. Both decisions hold that conduct is impliedly immune from the antitrust laws if Congress has given the (...)

Mergers

 The Spanish Competition Authority clears in phase II with remedies an acquisition of wind farms in the energy sector, the Council of Ministries having upheld the set of remedies proposed (Iberdrola / Gamesa)
PwC (Madrid)
Spain 24 contributions 53276 visits
The operation The merger comprised Iberenova’s acquisition of wind farms owned by Gamesa. Total capacity implied in the transaction amounted to 678 MW, including both operating and projected wind farms. The transaction agreement included a number of ancillary restraints (see below). Iberenova (...)

The EU Commission conditionally clears a merger in the pharmaceutical sector creating the largest pharmaceutical company in the world in terms of sales and R&D spending (Pfizer / Pharmacia)
DG Economic and Financial Affairs-ECFIN (Brussels)
Belgium 65 contributions 32633 visits
"Merger Control: Main developments between 1st January 2003 and 30th April 2003"* The European Commission authorised, subject to conditions, the acquisition of Pharmacia Corporation (Pharmacia) by Pfizer Inc. (Pfizer) in a deal creating the largest pharmaceutical company in the world in terms (...)

The South African Competition Tribunal approves unconditionally a merger on the market for hotel accommodation (Southern Sun Hotel Interests / The Cullinan Hotel)
Primerio (Johannesburg)
South Africa 22 contributions 5388 visits
Tsogo Merger Unconditionally Approved* Unconditional approval of SA hotel deal The Competition Tribunal of South Africa (“Tribunal”) has unconditionally approved the merger of Southern Sun Hotel Interests (Pty) Ltd (“Southern Sun Hotel Interests”), which is a subsidiary of Tsogo Sun Holdings (...)

The Turkish Competition Authority cleared a merger in the sheet glass processing market with remedies including limitation of the scope of the non-compete obligation (Schoot / Orim)
Esin (Istanbul)
Turkey 51 contributions 94104 visits
The operation Schoot is a joint venture of which the shares are co-owned by Schoot Glas and Glaverbel S.A. Schoot Glas is engaged in the manufacture of special glasses (e.g. television screens, optical glasses, injection syringes), whereas Glaverbel S.A. is engaged in the manufacture and (...)

The French Minister of Economy cleared a merger in the sector of distribution with remedies including divestitures and non-expansion of sales areas (Leroy Merlin / OBI)
French Competition Authority (Paris)
France 83 contributions 287779 visits
The operation The French Minister of Economy clears a concentration by which the undertaking Leroy Merlin acquires sole control of OBI. The market(s) The sector involved in the present concentration is the retail trade and procurement of DIY products. The market was further sub-segmented (...)

The French Minister of Economic Affairs clears a merger in the of Do-It-Yourself products market conditional to structural and behavioural remedies (Leroy Merlin)
Brown Brothers Harriman (BBH) (Luxembourg)
Luxembourg 30 contributions 74515 visits
The operation On 30 October 2002, the European Commission received notification of Leroy Merlin’s plan to acquire control of Brico France, Brico Spain and Brico Portugal. Leroy Merlin, a French-based company controlled by the Mulliez family, which likewise controls Auchan, is also present in (...)

The Polish Competition Authority clears a merger in the ready-mix concrete and construction elements markets subject to a prohibition to increase market share (Cementownia Ożarów / Faelbud)
Clifford Chance (Warsaw)
Poland 6 contributions 14875 visits
The operation In the decision of 5.02.2003 the President changed his decision of 14.08.1998 (RLU-23/98) prohibiting the concentration. The new decision cleared the concentration subject to a behavioural remedy. The market(s) The relevant product markets are the ready-mix concrete production (...)

State Aid

 The European Commission adopts final negative decisions in its State aid investigations into three special tax schemes in Belgium, the Netherlands and Ireland
European Commission - DG COMP (Brussels)
Belgium 1 contribution 201 visits
"Coordination centres: the end of an era? Not quite…"* Introduction On 17 February 2003, the Commission adopted final negative decisions in its State aid investigations into three special tax schemes. They were the coordination centres regime in Belgium, the international financing activities (...)

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