January 2002

Anticompetitive practices

The Maltese Commission for Fair Trading rejects the application for a request for an individual exemption from a cooperative benefiting of a de facto monopoly in the funeral transport market (Cooperative motor hearse owners)
King’s College (London)
,
Superior Courts of Malta (Valletta)
This decision concerns the request for the granting of an individual exemption (based on the Malta Competition Act) of certain ingrained anti-competitive practices carried out by the applicant co-operative in the funeral transport market. After a detailed examination of the essential requites (...)

The Netherlands Competition Authority decides that an umbrella organisation of hairdressers shall cease issuing recommended prices to its members (ANKO)
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
NMa: End to Recommended Prices Hairdressers’ Organisation* The Director-General of the Netherlands Competition Authority (NMa) has decided that the umbrella organisation of hairdressers, Koninklijke Algemene Nederlandse Kappersorganisatie ANKO [Royal Dutch Hairdressers Association] must cease (...)

Unilateral Practices

The German Competition Authority institutes abuse proceedings against 10 electricity network operators on account of their charging excessively high fees for network use (Allgäuer Überlandwerke)
German Competition Authority (Bonn)
The Bundeskartellamt has instituted abuse proceedings against electricity network operators* The Bundeskartellamt has instituted abuse proceedings against 10 electricity network operators on account of their charging excessively high fees for network use. The companies involved include the (...)

The German Competition Authority considers that the airline pricing strategy on the Frankfurt-Berlin route unfairly hindered a competitor to enter the market (Deutsche Lufthansa)
German Competition Authority (Bonn)
Bundeskartellamt warns Deutsche Lufthansa AG over its pricing strategy on the Frankfurt-Berlin route* According to a preliminary assessment the Bundeskartellamt considers Deutsche Lufthansa AG’s (DLH) pricing strategy on the Frankfurt-Berlin route as unfairly hindering its competitor Germania (...)

The German Competition Authority lodges an appeal on points of law at the Federal Supreme Court against the decision of the Higher Regional Court of Düsseldorf in proceedings on abuse of dominance in the retail sector (WalMart)
German Competition Authority (Bonn)
Bundeskartellamt files appeal on points of law in the WalMart case (sales below cost price)* The Bundeskartellamt has lodged an appeal on points of law at the Federal Supreme Court against the decision of the Higher Regional Court Düsseldorf in the WalMart abuse proceedings. On 1 September (...)

Mergers

The German Competition Authority considers that a proposed merger between two cable television companies would impinge on the competition of several markets (Liberty Media / KDG)
German Competition Authority (Bonn)
Bundeskartellamt issues warning regarding the Liberty Media/KDG merger project* According to the preliminary assessment of the Bundeskartellamt, the planned merger of Liberty Media/KDG (acquisition of broadband cable networks of Deutsche Telekom AG inter alia) would strengthen dominant (...)

The US FTC prevents the closing of a merger between two major online job boards and suggests that relevant market is limited to online job services (Monster / Hotjobs)
WilmerHale (Washington)
,
Williams & Connolly (Washington)
In June 2001, TMP Worldwide, owner of the dominant online job board “Monster.com,” agreed to purchase the second largest online job board, “HotJobs.” Rather than permitting the merger to go forward as scheduled, the Federal Trade Commission (“FTC”) prevented the closing indefinitely until the parties (...)

The EU Commission adopts a decision regarding the separation of two companies in the packaging sector following the prohibition of the merger (Tetra Laval / Sidel)
DG Economic and Financial Affairs (ECFIN) (Brussels)
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European Commission - DG COMP (Brussels)
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Financial Conduct Authority (London)
"Merger Control: Main developments between 1st January 2002 and 30th April 2002"* On 30 January 2002 the Commission adopted a decision setting measures for the separation of the Swiss-based Tetra Laval from the French company Sidel through the divestiture of Tetra‘s shareholding in Sidel. This (...)

The EU Commission decides on the arrangements for demerging two French electrical equipment manufacturers whose merger was prohibited on the grounds that it created or strengthened dominant positions (Schneider / Legrand)
DG Economic and Financial Affairs (ECFIN) (Brussels)
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European Commission - DG COMP (Brussels)
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Financial Conduct Authority (London)
"Merger Control: Main developments between 1st January 2002 and 30th April 2002"* On 30 January 2002 the Commission decided on the arrangements for demerging Schneider Electric and Legrand, two French electrical equipment manufacturers whose merger was prohibited in 2001 on the grounds that it (...)

The European Commission refers to the Norwegian Competition Authority the examination of the impact on the oil and gas markets of a proposed acquisition of an Anglo-Norwegian firm by another Norwegian company (Aker Maritime/Kvaerner)
DG Economic and Financial Affairs (ECFIN) (Brussels)
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European Commission - DG COMP (Brussels)
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Financial Conduct Authority (London)
"Merger Control: Main developments between 1st January 2002 and 30th April 2002"* The Commission referred to the Norwegian Competition Authority the examination of the impact on the oil and gas markets of the proposed acquisition of the Anglo-Norwegian firm Kvaerner by Aker Maritime of Norway. (...)

The European Commission partially clears an acquisition by leading international player in a variety of agricultural businesses of a leading producer of starch (Cargill/Cerestar)
DG Economic and Financial Affairs (ECFIN) (Brussels)
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European Commission - DG COMP (Brussels)
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Financial Conduct Authority (London)
"Merger Control: Main developments between 1st January 2002 and 30th April 2002"* The proposed acquisition of the French undertaking Cerestar by US company Cargill Inc. was cleared by the Commission with the exception of the deal’s impact in the UK market for sweeteners. The examination of (...)

The German Competition Authority prohibits acquisition of a majority stake in an energy company by a direct competitor as it would strengthen dominant positions in the gas and electricity sales markets (E.ON / Gelsenberg)
German Competition Authority (Bonn)
Bundeskartellamt prohibits E.ON/Gelsenberg (Ruhrgas) merger* The Bundeskartellamt has prohibited the acquisition by E.ON AG, Düsseldorf, (E.ON) of a majority stake in Gelsenberg AG, Essen. The merger would have strengthened dominant positions both in the gas and electricity sales markets. The (...)

The EU Commission conditionally clears a merger in the market for small electrical household appliances (SEB / Moulinex)
DG Economic and Financial Affairs (ECFIN) (Brussels)
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European Commission - DG COMP (Brussels)
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Financial Conduct Authority (London)
"Merger Control: Main developments between 1st January 2002 and 30th April 2002"* The Commission authorised SEB to acquire sole control of Moulinex. Both are French companies manufacturing small electrical household appliances. The Commission has imposed the condition that SEB must not use the (...)

State Aid

The EU Commission decides that a French bank benefited from an overcompensation by the French State for its operation of savings account system (Crédit Mutuel)
European Commission - DG EAC
"Crédit Mutuel – Livret Bleu: Making sure that public services benefit consumers and not intermediaries"* Introduction On 15 January 2002, the Commission decided that Crédit Mutuel had benefited from an overcompensation by the French State, of the costs for operating the Livret Bleu system. (...)

The EU Commission holds that State aid in favor of a sawmill in Germany is incompatible with State aid law and orders its recovery (Pollmeier)
European Commission - DG COMP (Brussels)
"Germany – Commission takes two final partially negative decisions with recovery obligation with regard to aid to two sawmills in Mecklenburg-Vorpommern"* On 15 January 2002 the Commission decided to close, with two partially negative decisions, the procedures laid down in Article 88(2) EC with (...)

The EU Commission takes a final partially negative decision with recovery obligation with regard to aid to a sawmill in Germany (Klausner Nordic Timber)
European Commission - DG COMP (Brussels)
"Germany – Commission takes two final partially negative decisions with recovery obligation with regard to aid to two sawmills in Mecklenburg-Vorpommern"* On 15 January 2002 the Commission decided to close, with two partially negative decisions, the procedures laid down in Article 88(2) EC with (...)

Procedures

The EU Court of First Instance declares admissible the application brought by a telecommunication company for the annulment of the Commission refusing Treaty-infringement proceedings against Austria (max.mobil)
European Court of Justice (Luxembourg)
Case T-54/99 max.mobil Telekommunikation Service GmbH v Commission of the European Communities* 1. The diligent and impartial treatment of a complaint is associated with the right to sound administration which is one of the general principles that are observed in a State governed by the rule (...)

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