January 2001

Anticompetitive practices

 The European Commission holds that Dutch fishermen are allowed to land and auction catches in foreign port
NautaDutilh (Amsterdam)
Netherlands 2 contributions 562 visits
"Dutch fishermen are allowed to land and auction catches in foreign ports as result of Commission’s investigation"* At the initiative of the European Commission, eight quota management groups of Dutch fishermen have changed their internal rules with regard to the management of fishing quotas to (...)

The Maltese Commission for Fair Trading grants an individual exemption despite a right of preference (Fair and exhibitions)
King’s College (London)
United Kingdom 32 contributions 93252 visits
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Superior Courts of Malta (Valletta)
Malta 17 contributions 53321 visits
The decision concerns a circular issued by the applicant company to entrepreneurs who participate in the fairs and exhibitions it organizes. The specific issue raised concerned the granting of the right of preference to past exhibitors on the basis that these would have already invested in the (...)

Unilateral Practices

 The Hungarian Competition Authority finds that cable television service provider abused its dominant position through the general terms and conditions applicable to its subscription agreements (UPC)
Lakatos, Köves (Budapest)
Hungary 19 contributions 33398 visits
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Lakatos, Köves (Budapest)
Hungary 35 contributions 46978 visits
The Hungarian Competition Office (HCO) launched an investigation against UPC Magyarország Kft. (UPC), a major cable television service provider, in order to determine whether UPC abused its dominant position (a) when in two Hungarian towns, it unilaterally introduced new programme packages with (...)

Mergers

 The EU Commission blocks the proposed takeover of a Finnish tissue paper manufacturer by its Swedish competitor (Mölnlycke / Metsä Tissue)
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 2001 and 30th April 2001"* On 31 January 2001, the Commission blocked the proposed takeover of Finnish tissue paper manufacturer Metsä Tissue by its Swedish competitor SCA Mölnlycke on competition grounds. This was only the 14th time that (...)

The EU Court of First Instance annuls the Commission’s decision by which it authorizes the merger aspects of the restructuring of the German coal industry (RAG / Saarbergwerke / Preussag Anthracite)
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 2001 and 30th April 2001"* On 31 January 2001 the Court of First Instance (‘CFI’) annulled the Commission’s decision of 29 July 1998 (COMP/ECSC.1252) by which the Commission authorised the merger aspects of the restructuring of the German (...)

The EU Commission approves, subject to remedies, a joint venture between UK and German pharmaceuticals companies (Smith & Nephew / Beiersdorf)
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 2001 and 30th April 2001"* At the end of January the Commission gave regulatory clearance to a proposed joint venture between British undertaking Smith & Nephew plc and Beiersdorf AG of Germany after the parties made substantial (...)

The U.S. District Court for the Northern District of California holds that the State failed to establish a prima facie case that a hospital merger would have anticompetitive effects (Sutter Health / Summit / Alta Bates)
Senator Mitch McConnell (Washington)
United States 11 contributions 1461 visits
The State of California brought suit against two hospitals claiming that the proposed merger would have anticompetitive effect in violation of Clayton Act. The State moved for preliminary injunction preventing merger from happening. Background: Defendants Summit and Alta Bates are hospitals (...)

The German Federal Cartel Office clears a merger in the utilities sector, subject to remedies requiring third party access to the parties’ gas networks, the disclosure of access prices and the option for industrial customers to terminate their supply contracts (EnBW / SSG)
NOCON (London)
United Kingdom 6 contributions 8759 visits
The operation On 29 September 2000, EnBW Ostwürttemberg DonauRies AG (EnBW Donau) notified the German Federal Cartel Office (FCO) of its intent to acquire 25.1 % of the shares of Stadtwerke Schwäbisch Gmünd GmbH (SSG). At that time 99.3 % of the shares in EnBW Donau were held by EnBW Regional (...)

The EU Commission, after an in-depth investigation, clears a merger between two nordic companies with worldwide activities in the production and distribution of machinery for the rock and mineral processing industry (Metso / Svedala)
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 2001 and 30th April 2001"* Following an in depth investigation, in January 2001 the Commission authorised the merger between Metso Corporation and Svedala AB, two Nordic companies with world-wide activities in the production and (...)

The Italian Competition Authority clears a merger in the media sector with behavioural remedies, including the granting of non-discriminatory access (Seat Pagine Gialle / Cecchi Gori Communications)
Chiomenti (Rome)
Italy 19 contributions 51317 visits
The operation On 23 January 2001, the Competition Authority authorized with conditions the acquisition by Seat Pagine Gialle S.p.A. of Cecchi Gori Communications S.p.A. by way of purchase of shares. SEAT Seat Pagine Gialle S.p.A. (SEAT) is an Italian company belonging to the Telecom Italia (...)

The German Competition Authority receives a withdrawal of the notification of intention to acquire a majority holding in a major competitor on the market for waste services (Rethmann / Interseroh)
German Competition Authority (Bonn)
Germany 427 contributions 108048 visits
Rethmann-Interseroh merger stopped* Rethmann AG & Co., Selm, has withdrawn the notification of its intention to acquire a majority holding in Interseroh AG, Cologne. In addition, it will reduce its current shareholding in Interseroh AG to a maximum of 15 per cent. Last year, the (...)

The EU Commission refers to the Italian Competition Authority the examination of a proposed acquisition in the Italian electricity sector (Infostrada / Enel / France Telecom)
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 2001 and 30th April 2001"* The Commission decided to refer to the Italian competition authorities – Autorità Garante della Concorrenza e del Mercato – the examination of the impact of the proposed acquisition of Infostrada by Enel and France (...)

The EU General Court rejects an appeal made by merging parties following the refusal by the Court of Justice of proposed divestiture since they would not maintain and develop effective competition (Petrolessence / Société de gestion de restauration Routière)
European Court of Justice (Luxembourg)
Luxembourg 321 contributions 88421 visits
Case T-342/00 R Petrolessence and Société de gestion de restauration routière (SG2R) v Commission of the European Communities* 1. Measures which produce binding legal effects capable of affecting an applicant’s interests by bringing about a significant change in his legal position are acts or (...)

The EU Commission authorizes, subject to remedies, a merger between two US airlines (United Airlines / US Airways)
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 2001 and 30th April 2001"* In January, the Commission authorised UAL Corp., whose principal operating subsidiary is United Airlines Inc., to acquire US Airways Group Inc. The Commission’s review showed that the operation could raise (...)

The Spanish competition authorities impose severe and restrictive remedies on the two largest national electricity companies, leading to merger withdrawal (Endesa / Iberdrola)
PwC (Madrid)
Spain 24 contributions 53279 visits
The operation The operation involved Endesa’s acquisition of Iberdrola. The transaction included a divestment plan aimed at preventing the merged company from achieving a post-merger size larger than Endesa’s pre-merger size in the affected markets. Endesa was the largest electricity company in (...)

The Dutch Competition Authority decides as a result of a planned merger and after an initial investigation that a dominant position could emerge or be strengthened on the market for the sale of daily consumer goods through supermarkets as a result of a planned merger (Schuitema / Sperwer)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 198 contributions 32492 visits
NMa to Investigate Further the Merger of Schuitema and Sperwer* The Dutch Competition Authority (NMa) today decided that a licence is required for the merger of the supermarket organisations Schuitema and Sperwer. After an initial investigation, NMa concluded provisionally that a position of (...)

The US FTC imposes the largest retail divestiture in its history, affecting multiple levels of the production chain, before clearing one of the largest mergers in the gasoline industry (Exxon / Mobil)
Akin Gump Strauss Hauer & Feld (Dallas)
United States 18 contributions 4976 visits
On November 30, 1999 after an extensive and in-depth investigation, the FTC announced that Exxon Corporation and Mobil Corporation agreed to enter into a consent decree, in which the FTC mandated significant structural changes to the corporations prior to approving their merger. The consent (...)

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