February 2007

General antitrust

 The Danish Parliament approves an amendment enabling antitrust class action
Plesner (Copenhagen)
Denmark 41 contributions 74088 visits
On 22 February 2007, the Danish Parliament approved an amendment to the Danish rules on civil procedure which enables class action law suits to be brought. Such class actions may also be initiated on the basis of injury suffered as a result of alleged infringements of the Danish or EU (...)

Anticompetitive practices

 The French Competition Authority sanctions a company for agreeing with distributors to have set a single resale price in the sector of game consoles and video games (PlayStation 2)
French Competition Authority (Paris)
France 717 contributions 369689 visits
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence penalizes Sony Computer Entertainment France for agreeing with distributors to have set a single resale price on Play Station 2 during French launching.* Following a referral by (...)

The Slovenian Competition Authority declares null and void decisions of four major banks introducing a new ATM fee (Nova Ljubljanska banka / Banka Celje / Nova KBM / Abaka Vipa)
Fatur Law Firm (Ljubljana)
Slovenia 20 contributions 53542 visits
This case started in May 2006, when the Slovenian Competition Authority on the basis of information from the media and its statutory duty started the proceedings on finding whether decisions of four major Slovenian banks on introduction of new ATM fee for withdrawing cash to their retail (...)

The UK Competition Appeal Tribunal upholds a finding of bid rigging and declines to modify an allegedly unfair penalty in the biggest British cartel investigation ever (Makers UK)
Quebec Department of Justice (Quebec City)
France 4 contributions 19537 visits
The Office of Fair Trading (OFT) has been conducting, over the last two years, the biggest UK cartel investigation ever. The investigation relates to bid rigging practices in the UK construction industry. More than 50 companies have been raided, and 37 have applied for leniency. Recently, in (...)

The Italian antitrust authority closes its investigation for alleged violation of Art. 81 EC in the press advertising market by accepting strict commitments (Accertamenti Diffusione Stampa e Audipress)
Studio Legale DDPV (Rome)
Italy 12 contributions 66757 visits
The Italian Parliament recently enacted several law provisions which modify the investigation proceedings of the Italian antitrust Authority (“Authority”). In Particular, the so called Bersani Decree allows the Authority to use legal tools (already adopted by the EC Commission after the enactment (...)

The Italian Competition Authority closes investigations in the market of veterinary services for alleged breach of Art. 81 EC by accepting commitments relating to minimum fares and health advertising (Ordine dei medici veterinari di Torino)
Linklaters (Milan)
Italy 3 contributions 11832 visits
On 24 May 2006, the Autorità Garante della Concorrenza e del Mercato (hereinafter, also AGCM) opened investigations against FNOVI, the National Associations of Veterinarians, and the Association of Veterinarians of Turin, to ascertain the existence of an agreement between the two undertakings in (...)

The EU Commission fines cartel in the elevators and escalators sector (Otis / KONE / Schindler / ThyssenKrupp)
European Wind Energy Association (Brussels)
Belgium 2 contributions 1771 visits
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Gibson Dunn (Brussels)
Belgium 8 contributions 3938 visits
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European Commission - DG EAC (Brussels)
Belgium 1 contribution 1129 visits
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"Cartel fined in the elevators and escalators sector"* On 21 February 2007 the Commission adopted a prohibition decision and imposed fines totalling €992 million on the Otis, KONE, Schindler and ThyssenKrupp groups for operating cartels for the sale, installation, maintenance and modernisation (...)

The Regional Court of Dusseldorf rules on procedural key issues for cartel damages suits paving the way to de facto class action for cartel damages in Germany (Cartel Damage Claims)
Eberhard Karls University of Tübingen
Germany 14 contributions 41934 visits
I. Introduction The Regional Court in Düsseldorf has decided on procedural core questions in its interlocutory judgment of 21 February 2007 and already indicated its stance on substantive issues in an additional court instruction concerning the follow on-damages suit relating to the German (...)

A Dutch Court decides, in an interlocutory proceeding, that the nullity of a price-fixing clause brings along the nullity of the franchise agreement as a whole, including its non-compete clause (Make It Easy)
European Commission - DG COMP (Brussels)
Belgium 46 contributions 199083 visits
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European Court of Justice (Luxembourg)
Luxembourg 23 contributions 87159 visits
Several franchise agreements were concluded between Make It Easy B.V. and Make It Easy Reality B.V. (hereafter the franchisers) on the one hand, and Make it Easy Gelderland V.O.F as well as other undertakings (hereafter the franchisees), on the other. According to these franchise agreements, (...)

The Estonian Competition Authority analyses competition situation in the packaging and waste collection sector without finding the existence of anti-competitive agreements or abuse of dominant position (Taaraliit / Eesti Pandipakend)
EFTA Surveillance Authority (Brussels)
Belgium 8 contributions 23690 visits
1. Background information MTÜ Taara Liit (TL) is a non-profit organization for redemption centers collecting packaging of bottled drinks from the general public. OÜ Eesti Pandipakend (EPP) is a collective system for collection and recovery of waste. EPP was established by non-profit (...)

The Polish Competition Court confirms the National Competition Authority’s decision finding that an "English clause" in an agreement between a pay-TV operator and a football association restricted competition (Canal+ / Polish Football Association)
Greenberg Traurig (Warsaw)
Poland 29 contributions 79954 visits
The Polish Competition Court confirms the NCA’s decision finding that an "English clause" in an agreement between a pay-TV operator and a football association restricted competition, but halves a 440 000 PLN (110 000 EUR ) fine on the football association by upholding a 7.37 million PLN (1.84 (...)

The Czech Competition Authority inflicts a record fine of €35 million in the gas insulated switchgears market in spite of leniency (GIS cartel)
Czech Ministry of Justice (Prague)
Czech Republic 30 contributions 80656 visits
On 9 February 2007, the Czech Office for the Protection of Competition (the «Office») rendered a decision in the gas insulated switchgears («GIS») cartel case, imposing fines of a total amount of CZK 979 million (€ 35 million approx.) on the manufacturers. The cartel, which has been investigated by (...)

The Irish Central Criminal Court finds guilty a businessman involved in illegal prices fixing (Manning)
Arendt & Medernach (Luxembourg)
Luxembourg 55 contributions 108500 visits
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Dennis Law Firm (Luxembourg)
Luxembourg 1 contribution 6083 visits
Under Irish competition law certain offences (in essence infringements analogous to infringements of Articles 81 and 82 EC) attract criminal sanctions. Last February saw the criminal conviction of a businessman involved in the illegal fixing of prices in the motor vehicle sector, the first such (...)

The Swiss Supreme Court confirms Competition Commission’s decision ordering the abolition of a market-wide system imposing fixed resale prices to all books sold over the counter (Distribution of books)
Agon Partners (Zurich)
Switzerland 9 contributions 13540 visits
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Orly Ben-Attia (Zurich)
Switzerland 4 contributions 4188 visits
Description of the impugned case After almost 10 years of procedure, including two full scale appeal procedures up to the Supreme Court, the so called Sammelrevers 1993 covering the entire distribution for books in Switzerland with a Straightforward Resale Price Maintenance (RPM) system was (...)

The Hellenic Competition Authority fines €9 million refineries for price coordination in the jet aviation fuel sector (IATA / El.PE. / Motor Oil)
University College London
United Kingdom 3 contributions 22833 visits
Factual Background A. The Complaint IATA, the International Organization for Jet Aviation services, lodged a complaint against EL.PE SA and Motor Oil SA, major oil refineries operating in the Greek market, concerning the uniform application of prices in the sector of Jet Aviation Fuel. The (...)

The Lithuanian NCA closes its enquiry on an alleged cartel in public tender proceedings (Lithuanian Business Support Agency)
Lithuanian Competition Authority (Vilnius)
Lithuania 28 contributions 102703 visits
Competition Council of the Republic of Lithuania (Lietuvos Respublikos konkurencijos taryba), 1February 1, 2007, Decision n° 2S-3, concerning the compliance of the actions of undertakings participating in the boiler-house replacement tender with the requirements of Article 5 of the Law on (...)

The OECD holds a roundtable on improving competition in real estate transactions
OECD - Competition Division (Paris)
France 310 contributions 1254177 visits
Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat In light of written submissions, the background note and the oral discussion, the following points emerge: 1. Direct consumer-to-consumer home sales (...)

Unilateral Practices

 The US Court of Appeals for the 6th Circuit holds that a seller’s discount program that is available to competing purchasers does not violate the Robinson-Patman Act (Smith Wholesale / R.J.R Tobacco)
Jones Day (Cleveland)
United States 12 contributions 4441 visits
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Jones Day (Cleveland)
United States 9 contributions 2880 visits
The Robinson-Patman Act has given rise to some truly awful court decisions that have created a seller-buyer environment of sometimes unforgiving price rigidity, as well as complex and difficult-to-comply-with principles about when and to whom sellers must offer price discounts and nonprice (...)

The US Supreme Court clarifies that the test for predatory pricing also applies to situations of predatory bidding (Weyerhaeuser / Ross-Simmons Hardwood Lumber)
Perkins Coie (New York)
United States 1 contribution 558 visits
The general legal standard for determining whether unilateral conduct violates Section 2 of the Sherman Act. is murky, to say the least. Many courts have employed a “totality of the circumstances” approach, leaving it to the jury to decide whether, on balance, a particular business practice is (...)

The US Supreme Court extends monopoly predatory pricing standards in bidding practices (Weyerhaeuser / Ross-Simmons)
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 29 contributions 9229 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 7 contributions 2466 visits
On February 20, the U.S. Supreme Court issued a significant opinion in which it concluded that the test it had set forth previously to govern predatory pricing cases applies also to cases involving allegations of predatory bidding. See Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., (...)

The US Supreme Court recognizes a limited claim for predatory bidding (Weyerhaeuser / Ross-Simmons)
Penn State Law (University Park)
United States 1 contribution 243 visits
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University of Florida - Levin College of Law (Gainesville)
United States 4 contributions 383 visits
Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co.: The U.S. Supreme Court Recognizes a Limited Claim for Predatory Bidding* Monopsony is the negative image of monopoly. Narrowly defined, it is the structural condition in which a well-specified good or service has only one buyer. But just (...)

The Belgian Competition Authority orders an ICT company to disclose proprietary information over its electronic network (CRM / Portima)
European University Institute (Florence)
Italy 49 contributions 103992 visits
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Kindred Group (New York)
United States 1 contribution 8016 visits
I. Parties Portima is an ICT company which provides electronic network and software services to insurance companies and brokers. Computer Ressource management (“CRM”) is a rival company which develops secured information exchange softwares for insurance companies and brokers. II. Facts (...)

The Bulgarian Supreme Administrative Court finds that a holder of the trademark “Der Grüne Punkt” abused its dominant position on the collective waste management market (Ecopack Bulgaria)
Kinstellar (Sofia)
Bulgaria 32 contributions 85814 visits
On 9 February 2007 the Supreme Administrative Court (the “Supreme Court”) handed down a decision of the Bulgarian Commission for Protection of Competition (the “CPC”) finding that Ecopack Bulgaria AD (“Ecopack”), a collective waste-handling organization holding the right to use the trade mark “Der (...)

The Bulgarian Competition Authority fines an undertaking for abusing its dominance on the funeral services market (Obreden Dom)
US Federal Trade Commission (FTC) (Washington)
United States 10 contributions 40000 visits
The Bulgarian Commission for the Protection of Competition (CPC) maintained its traditional tough approach towards rent-seeking in the funeral services sector in a recent decision regarding the practices of a municipal funeral agency in the town of Razgrad. In the case at stake, the town (...)

The Turkish Competition Authority fines 5M EUR an abuse of dominant position by applying the “essential facility” doctrine in the energy distribution sector (Enerjisa and Toros / CEAS)
Jones Day (Paris)
France 5 contributions 19134 visits
By a decision held on February 8th, 2007, the Turkish Competition Board confirmed its legal analysis carried out in a previous decision held in 2003, relating to the behaviour of an operator managing an electricity distribution network. Such behaviour was found to constitute an abuse of (...)

The Russian Competition Authority orders a chemical company to resume supply for producing iodine medicines (Troitsk Iodine Plant)
Freshfields Bruckhaus Deringer (Moscow)
Russia 3 contributions 9538 visits
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Freshfields Bruckhaus Deringer (Moscow)
Russia 3 contributions 9538 visits
English Press Release On 6 February 2007 the Russian Federal Antimonopoly Service (FAS) ruled that Open Joint Stock Company Troitsk Iodine Plant (“Troitsk Iodine Plant”) had breached dominance-related rules of the Russian law on the Protection of Competition (the Antitrust Law). The Antitrust (...)

The Swiss Competition Authority imposes a record fine of 333 M Swiss Francs to the telecommunications incumbent for abusive termination rates (Swisscom Mobile)
Lenz & Staehelin (Geneva)
Switzerland 6 contributions 40798 visits
I. Background In a decision of 5 February 2007, the Swiss Competition Commission ("Comco") held that Swisscom Mobile enjoys a dominant position on the market of termination of calls on its mobile phone network and abused its dominant position by applying an excessively high termination rate of (...)

The UK Court of Appeal overturns the finding by the High Court of an abuse of dominance in litigation between private parties (Attheraces / British Horseracing Board)
White & Case (London)
United Kingdom 13 contributions 34549 visits
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Reed Smith (London)
United Kingdom 2 contributions 8255 visits
Background A recent decision of the Court of Appeal has reversed the first ever High Court finding of an Article 82 infringement in litigation between private parties. Attheraces v British Horseracing Board was an appeal from the High Court decision of Justice Etherton. The Judge who had held (...)

The UK Court of Appeal overturns the High Court’s finding that British Horseracing Board has abused its dominant position by charging excessive and discriminatory prices (Attheraces / BHB)
Hogan Lovells (London)
United Kingdom 4 contributions 22192 visits
On 2 February 2007, the Court of Appeal handed down a judgment upholding the British Horseracing Board’s appeal against the High Court’s judgment finding that BHB had abused its dominant position in (a) refusing to supply the relevant product (pre-race data) to an existing customer (Attheraces (...)

Mergers

 The Danish Competition Council approves the creation of a JV in the distribution of newspapers market, subject to remedies, including non-discrimination, distribution obligation (JP/Politikens Hus/ Syddanske Medier)
Kromann Reumert (Copenhagen)
Denmark 16 contributions 18586 visits
The operation JP/Politikens Hus A/S was active in a number of media sectors, including national newspapers, several local newspapers, publishing and radio and television production. The primary activity of Syddanske Medier K/S involved publishing the regional newspaper JydskeVestkysten and (...)

The Spanish Competition Authority clears in phase II a merger in the sports media rights sector subject to third party access to football broadcasting rights and limitation on the contracts’ length (Sogecable / AVS)
PwC (Madrid)
Spain 24 contributions 53279 visits
The operation The transaction involved Sogecable SA acquiring sole control over Audiovisual Sport SL (AVS). AVS was jointly controlled by Sogecable (80%) and TVC (20%). TVC had veto rights over certain strategic decisions, whose approval required 85% of the equity. The transaction involved (...)

The EU Commission conditionally clears a merger in the steel industry (Evraz / Highveld)
JG Associates (Brussels)
193 contributions 62540 visits
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European Commission - DG COMP (Brussels)
Belgium 148 contributions 49286 visits
Merger control: Main developments between 1 January and 30 April 2007* On 20 February the Commission cleared, subject to conditions, the proposed acquisition of the South African steel and vanadium producer Highveld by the steel company Evraz, incorporated in Luxembourg and primarily active in (...)

The Russian National Competition Authorities scrutinize the creation of a new global leader in the aluminium business after clearance by the EC Commission (United Company RUSAL)
Freshfields Bruckhaus Deringer (Moscow)
Russia 3 contributions 9538 visits
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Freshfields Bruckhaus Deringer (Moscow)
Russia 3 contributions 9538 visits
On 9 October 2006 Open Joint Stock Company Russian Aluminium (RUSAL), Open Joint Stock Company Siberian-Ural Aluminium Company (SUAL) and Glencore International AG (Glencore) signed an agreement to create United Company RUSAL Limited and thus to consolidate RUSAL, SUAL and the alumina assets (...)

The Russian Competition Authority clears a merger in the aluminum and bauxite sectors with remedies, including margin cap based on the London Metal Exchange price (Rusal / Target)
Clifford Chance (Moscow)
Russia 11 contributions 26486 visits
The operation The holding company United Company RUSAL Limited ("Acquirer") applied for clearance of its acquisition of the entire voting capital in Rusal Limited and Sual International Ltd ("Target") as a result of which RUSAL, SUAL and Glencore intended to create the world’s largest aluminium (...)

The Swiss Federal Court confirms the quashing of two merger clearance Competition Commission’s decisions by applying a strict substantive test for merger control (Swissgrid / Berner Zeitung)
Këllezi Legal (Geneva)
Switzerland 19 contributions 22274 visits
The Swiss Federal Court has dismissed two Competition Commission’s appeals relating to merger control (decision of February 13, 2007 (Swissgrid), and of February 22, 2007 (Berner Zeitung). The Swiss Federal Court rulings build a strict standard for merger control in Switzerland by stating the (...)

The EU Commission launches public consultation on draft non-horizontal merger guidelines
DG Economic and Financial Affairs-ECFIN (Brussels)
Belgium 65 contributions 32638 visits
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European Commission - DG COMP (Brussels)
Belgium 3 contributions 1453 visits
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European Commission - DG COMP (Brussels)
Belgium 3 contributions 1913 visits
"Commission launches public consultation on draft Non-Horizontal Merger Guidelines"* I. Introduction On 13 February, the Commission launched a public consultation on draft Guidelines on the assessment of non-horizontal mergers under the Merger Regulation. Non-horizontal mergers include (...)

The Austrian Cartel Court approved a merger in the compressor industry subject to brand divestment and access to customer base, parallel to Bundeskartellamt merger investigation (Atlas Copco/ABAC)
NOCON (London)
United Kingdom 6 contributions 8759 visits
The operation On 17 August 2006, Atlas Copco AB, a world leader in compressors, generators, construction and mining equipment, industrial tools, assembly systems and equipment rental, notified the BWB of its plans to acquire ABAC Aria Compressor S.p.A, a subsidiary of the ABAC group (...)

The Austrian Cartel Court approved a merger in the compressor industry subject to a brand divestment and other remedies (Atlas Copco/ABAC)
NOCON (London)
United Kingdom 6 contributions 8759 visits
The operation On 17 August 2006, Atlas Copco AB, a world leader in compressors, generators, construction and mining equipment, industrial tools, assembly systems and equipment rental, notified the BWB of its plans to acquire ABAC Aria Compressor S.p.A, a subsidiary of the ABAC group (...)

The UK Competition Commission clears in phase II a merger between two marine services companies conditional to structural remedies (SvitzerWijsmuller - Adsteam Marine Limited)
Brown Brothers Harriman (BBH) (Luxembourg)
Luxembourg 30 contributions 74518 visits
On 3 July 2006, Svitzer Wijsmuller A/S made an Offer to acquire all the shares of Adsteam Marine Limited . This proposed merger between two tugboat operators was conditional on the clearance of the UK merger control authorities. Facts and timing of the merger transaction The acquiring (...)

The UK Competition Commission clears a merger in the harbour towage sector subject to divesture commitments (SvitzerWijsmuller / Adsteam Marine)
Serle Court (London)
United Kingdom 13 contributions 24735 visits
The operation SvitzerWijsmuller A/S (‘Svitzer’), a subsidiary of the shipping operator A P Møller-Maersk A/S, is a Danish marine services company active in harbour, ocean and terminal towage, salvage, emergency response and rescue, and crew boat services. Adsteam Marine Limited (‘Adsteam’) is an (...)

The UK Competition Commission clears a merger leading to a 90% market share in the harbour towage services subject to divestment of a port (Adsteam/Svitzer)
RBB Economics (London)
United Kingdom 2 contributions 3215 visits
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RBB Economics (Brussels)
Belgium 5 contributions 5414 visits
In February 2007, the UK Competition Commission (hereafter, the “CC”) cleared the acquisition of Adsteam Marine Ltd. (“Adsteam”) by SvitzerWijsmuller A/S (“Svitzer”) . Each of the two parties was the sole supplier of harbour towage services in a number of UK ports and after the merger the new (...)

Turkish merger and privatization regime: An overview
Erdem & Erdem (Istanbul)
Turkey 67 contributions 75456 visits
Following the recent developments in Turkish economy, investment growth has been boosted by a series of financial reforms liberalization of regulations within Turkish market. Thus, there has been a wave of major mergers and acquisitions in Turkey during last decade. The domestic and (...)

The EU Commission conditionally approves a merger in the electrical equipment sector leading to a creation of a dominant position by accepting structural remedies offered by the parties (Schneider Electric / APC)
Advolis Orfis (Brussels)
Belgium 6 contributions 4986 visits
Schneider/APC: a textbook first-phase case with creation of dominant position and structural remedies* On December 12, 2006, the French company Schneider notified its proposed acquisition of the US-based company American Power Conversion (APC) to the Commission. The main overlap in the (...)

The EU Commission conditionally clears a merger in the uninterruptible power supply (UPS) devices (Schneider Electric / APC)
JG Associates (Brussels)
193 contributions 62540 visits
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European Commission - DG COMP (Brussels)
Belgium 148 contributions 49286 visits
Merger control: Main developments between 1 January and 30 April 2007* On 8 February the Commission approved the proposed acquisition of American Power Conversion Corporation (APC) by the French group Schneider Electric. Both parties to the transaction were major suppliers of a broad range of (...)

The German Bundeskartellamt cleared a merger in the market for oil-injected compressors subject to remedies, including the divestment of the domestic business of one of the acquirer’s subsidiaries (Atlas Copco/ABAC)
Baker McKenzie (Berlin)
Germany 34 contributions 82922 visits
The operation On 2 August 2006 the Bundeskartellamt was notified of the proposed acquisition of ABAC Aria Compressa S.p.A., Italy (“ABAC”) by a subsidiary of Atlas Copco AB, Sweden (“Atlas Copco”). Atlas Copco is the controlling company of a group that is active worldwide in manufacturing and (...)

The Italian Competition Authority clears a major concentration in the banking sector subject to remedies (Banche Popolari Unite / Banca Lombarda e Piemontese)
Chiomenti (Rome)
Italy 19 contributions 51316 visits
The operation Banche Popolari Unite (UBI) and Banca Lombarda e Piemontese are two banking groups based in Italy, after the merger BPU will be the major Italian folk cooperative bank. The market(s) Retail banking, mutual funds, management of customers’ securities portfolios (GPFs and GPM), (...)

The Bulgarian Competition Authority unconditionally clears an acquisition in the electrical devices market... followed by a conditional clearance by the EC Commission (APC/Schneider)
US Federal Trade Commission (FTC) (Washington)
United States 10 contributions 40000 visits
Commission for the Protection of Competition, 6 February 2007, Decision n° 37, Schneider / APC (Not yet published) Three weeks before the entry of Bulgaria into the European Union, Schneider Electric S. A. (Schneider) notified the Bulgarian Commission for the Protection of Competition (CPC) (...)

The German Competition Authority applies new de-minimis exemptions to limit merger notifications of real estate and loan portfolio asset deals
Freshfields Bruckhaus Deringer (Berlin)
Germany 31 contributions 120946 visits
Introduction Section 37(1) of the Act against Restraints of Competition (ARC) defines four events that constitute a concentration within the meaning of the German merger control regime, and thus trigger the obligation to notify the Federal Cartel Office (FCO) of a transaction, provided that (...)

The Italian Competition Authority opens a new Phase II review in the banking sector (Banche Popolari Unite / Banca Lombarda e Piemontese)
Freshfields Bruckhaus Deringer (Rome)
Italy 17 contributions 67291 visits
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WilmerHale (Brussels)
Belgium 4 contributions 11012 visits
Following the change of competences occurred in 2006, which granted to the Italian Antitrust Authority (IAA) full jurisdiction over the banking sector, the Italian competition watchdog continues to strictly scrutinize the consolidation process affecting financial and credit institutions in (...)

The European Commission refers certain aspects of a proposed acquisition in the steel industry to the German competition authority (Cronimet Remondis Alfa/TSR)
JG Associates (Brussels)
193 contributions 62540 visits
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European Commission - DG COMP (Brussels)
Belgium 148 contributions 49286 visits
"Merger control: Main developments between 1 January and 30 April 2007"* In February the Commission acceded to the request of the German competition authority to refer certain aspects of the proposed acquisition of TSR by Cronimet, Remondis and Alfa Acciai to it for examination under German (...)

The Swedish Competition Authority cleared an acquisition in the food retail market, subject to the divestment of two-thirds of the acquired stores (ICA/Netto)
4 contributions 9799 visits
The operation ICA AB is a major food retail company in Sweden. Netto runs food retail stores and prior to the transaction was jointly owned and controlled by Dansk Supermarked A/S and ICA. Dansk Supermarked and ICA agreed that ICA would reduce its ownership in Netto from 50% to 5% and as (...)

The Irish Competition Authority cleared a merger in the processed foods industry subject to the divestment of a branded food business (Premier Foods/RHM)
World Economic Forum (Geneva)
Switzerland 22 contributions 43093 visits
The operation On 5 February 2007 the Irish Competition Authority (ICA) cleared the acquisition by Premier Foods plc (“Premier”) of RHM plc (“RHM”), subject to Premier divesting its Erin brand. Both companies are active in the market for processed foods. Premier manufactures and distributes a (...)

The OECD holds a roundtable on vertical mergers
OECD - Competition Division (Paris)
France 310 contributions 1254177 visits
Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat Considering the discussion at the roundtable, the delegates‘ written submissions, and the Secretariat‘s background paper, several key points emerge: (...)

The Turkish Competition Authority clears a merger subject to the limitation of the duration of the non-compete clause in the financial services sector (Dogan-Deutsche Bank)
Esin (Istanbul)
Turkey 51 contributions 94106 visits
The operation Doðan Yayýn Holding is Turkey’s leading media and entertainment conglomerate. It operates in TV and radio broadcasting as well as print and online media. DYH is uniquely positioned in the Turkish media industry. Doðan Yayýn Holding, Hürriyet, Milliyet and Doðan Burda stocks are (...)

The Spanish Competition Authorities authorises an operation of concentration consisting of an exclusive license to distribute “Tampax” products in Spain and Portugal (Procter & Gamble/Arbora & Ausonia)
Herbert Smith Freehills (Madrid)
Spain 22 contributions 31393 visits
The Spanish Competition Authorities have recently considered that the license granted by Procter & Gamble to Arbora & Ausonia to use the “Tampax” brands for the distribution of “Tampax” products in Spain and Portugal constitutes an operation of concentration within the meaning of article (...)

State Aid

 The EU Commission issues a practical handbook on State aid rules under EU law
European Commission - DG COMP (Brussels)
Belgium 1 contribution 252 visits
"Community rules on State aid - a practical handbook"* State aid control on the European level comprises a rather articulated web of rules in different areas. The basic Treaty rules have been amplified over the years by secondary legislation and court rulings. While the ex ante State aid (...)

The Swedish Administrative Court in Kalmar dismisses an appeal regarding the decision of a municipality to sell real estate under national State aid law (Mörbylånga kommun)
Djungo (Stockholm)
Sweden 22 contributions 54232 visits
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General Court of the European Union (Luxembourg)
Luxembourg 16 contributions 31672 visits
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Öberg & Associés (Stockholm)
Sweden 15 contributions 29403 visits
Factual Background In June 2009, the municipal council in Mörbylånga decided to sell the real estate Fröbygårda 1:1 (a bathing place) to Mattias Johansson. Local resident Margareta Lööf-Johansson and non-local resident Peter Norrby appealed the decision to the Administrative Court in Kalmar. (...)

The Cyprus Commissioner for State aid control authorises an aid scheme aimed at the collection and processing of animal waste by a private undertaking finding that it falls within EU Regulations (Sigan Management)
Queen Mary University (London)
United Kingdom 30 contributions 81515 visits
Factual Background On 05.02.2007, the Ministry of Agriculture, Natural Resources and Environment veterinary services notified to the Cyprus Commissioner for State Aid Control a draft aid scheme, entitled “scheme for the collection, transport and processing of animal waste by the company Sigan (...)

Procedures

 The Polish Parliament passes new competition law
Greenberg Traurig (Warsaw)
Poland 29 contributions 79954 visits
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UNIMOT (Zawadzkie)
Poland 12 contributions 34737 visits
On 16 February 2007, the Polish Parliament passed a new Act on Competition and Consumer Protection, which introduces some changes to current Polish competition law. The new Act introduces the following principal changes: a) the jurisdictional turnover thresholds for notifying concentrations (...)

The UK Court of Appeal rejects an allegation of unreasonable refusal to supply and unlawful discriminatory pricing (Attheraces / British Horseracing Board)
King’s College (London)
United Kingdom 20 contributions 81129 visits
Introduction This note considers one of the two cases recently heard by the “ordinary” courts (the High Court and Court of Appeal) (See also A. Jones, The UK Hight Court rules on interim unjunction for an alleged unlawful refusal to supply in the pharmaceutical sector (AAH (...)

Regulatory

 The Belgian Competition Authority issues an opinion on the market for access and call origination on public mobile telephone networks (BIPT / IBPT)
KU Leuven
Belgium 9 contributions 49316 visits
Draft decision BIPT/IBPT On 26 January 2007 the Competition Council received from the BIPT/IBPT (Belgian Institute for Postal Services and Telecommunications) a draft decision on market 15: access and call origination on public mobile telephone networks in order to receive advice within 30 (...)

A German law amends the Telecommunications Act putting at risk the liberalisation of European electronic communications (Law of 18 February 2007)
Fréget Glaser & Associés (Paris)
France 44 contributions 144209 visits
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Hanefeld (Paris)
France 4 contributions 18989 visits
This article refers to the recent amendments to the German Telecommunications Act introduced by a Law of 18 February 2007 on the modification of the telecommunications provisions (hereinafter: the “Law”) and aims at presenting the problems posed by the amendments from the point of view of EU (...)

The Dutch Competition Authority publishes the preliminary results of its investigation into the profits of the electricity and gas network companies in the Netherlands (Delta, Eneco, Essent, Nuon)
Allen & Overy (Amsterdam)
Netherlands 3 contributions 10504 visits
Dutch Energy Regulator (Directie Toezicht energie, 13 February 2007, Press Release, Preliminary findings of investigation into profits of energy companies The Dutch Energy Regulator (Directie Toezicht energie: DTe), a department of the Dutch Competition Authority (Nederlandse (...)

The French Competition Authority issues an opinion on call termination on mobile networks in the French Guiana and West Indies (ARCEP)
French Competition Authority (Paris)
France 717 contributions 369689 visits
Press Release published on the official website of the French Competition Authority. Conseil de la concurrence in favour of regulation on call termination costs on the mobile network of Outremer Telecom but recommends a schedule to guarantee predictability of their evolution.* As part of the (...)

The OECD holds a roundtable on energy security and competition policy
OECD - Competition Division (Paris)
France 310 contributions 1254177 visits
Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat Considering the discussion at the roundtable, the delegatesí submissions and the background paper, several key points emerge. (1) Nations differ in (...)

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