July 1996

Anticompetitive practices

The Japanese High Court of Tokyo dismisses the damages claims of a book seller since there was no reasonable legal causation between damages and the low-price sales resulting from legal resale price maintenance (Heibonsya Sales Tokyo / Kairyudo Publishing and Chiyoda Agency)
Baker McKenzie (Tokyo)
,
Brief summary of facts The claimant, i.e. Heibonsya Sales Tokyo Co., Ltd., filed a claim compensation for damages alleging that the defendants, i.e. Kairyudo Publishing Co., Ltd. and Chiyoda Agency Co., Ltd., sold the book ("Compendium of Practice/Problem Behavior Education"), which was (...)

Mergers

The European Commission opens proceedings for a detailed investigation of a proposed joint venture for the manufacture, processing, marketing and sale of silicon carbide (Saint-Gobain/Wacker Chemie/NOM)
DG GROW (Brussels)
"Mergers : Summary of the most important recent developments"* On 31st July the Commission opened proceedings for a detailed investigation of the proposed joint venture between two subsidiaries of Saint-Gobain and Wacker Chemie and NOM (a private state-owned Dutch investment and development (...)

The European Commission initiates detailed investigation into a proposed concentration in the wholesale and retail of daily consumer goods and specialty goods in Finland (Kesko/Tuko)
DG GROW (Brussels)
"Mergers : Summary of the most important recent developments"* On 26 July the Commission decided to open proceedings on the acquisition of Tuko Oy by Kesko Oy. Keskoand Tuko are active in Finland in the wholesale and retail of daily consumer goods (both food and non-food products) and (...)

The European Commission initiates an in depth investigation of the proposed joint venture for supply of services to operators of cable, audiovisual and television services (Telefonica/Sogecable/Cablevision)
DG GROW (Brussels)
"Mergers : Summary of the most important recent developments"* On 26th July 1995 Telefonica and Sogecable together with Canal Plus, Spain agreed to merge their activities relating to the supply of services to operators of cable, audiovisual and television services in a joint venture, (...)

The EU Commission approves, subject to remedies, a merger in the health care, animal feed, crop protection and seeds sectors (Ciba-Geigy / Sandoz)
DG GROW (Brussels)
"Mergers : Summary of the most important recent developments"* On 17th July, after four months of extensive investigations, the Commission approved the proposed merger between Ciba-Geigy and Sandoz into Novartis. The decision was granted under the condition that the parties comply with an (...)

The EU Commission gives the go-ahead to a global telecommunications alliance, conditional on liberalised regulatory frameworks (Atlas / GlobalOne)
European Commission - DG COMP (Brussels)
Atlas-Globalone: Commission gives go-ahead to global telecommunications alliance conditional on liberalised regulatory framework* At the proposal of Mr Karel van Miert, Commissioner in charge of EU competition policy, the European Commission gave its authorisation today to the (...)

The President of the EU Court of First Instance rejects a request for interim measures concerning a proposed concentration in the TV broadcasting sector (Sogecable)
DG GROW (Brussels)
"Mergers : Summary of the most important recent developments"* On 12.07.1996 the Judge President of the Court of First Instance (CFI) decided to reject the request from Sogecable for interim measures by declaring the appeal irreceivable. Sogecable had brought action against the Commission (...)

State Aid

The EU Commission adopts SME guidelines for State aid
European Commission - DG COMP (Brussels)
"The Commission Adopts New SME Guidelines"* The Community guidelines on state aid to small and medium-sized enterprises (SMEs), adopted by the Commission in 1992 (OJ C 213 of 19.8.1992) provide that before the end of the three-year period following their publication the Commission will (...)

The EU Court of Justice lays the foundations for the origin of private enforcement of EU State aid law (SFEI / La Poste)
European Commission - DG COMP (Brussels)
Background of the case The judgment concerns a preliminary request under Article 267 TFEU submitted by a French court, in a dispute between, on the one hand, Syndicat Français de l’Express International (“SFEI”) and its members, and, on the other hand, the State-controlled group of the French (...)

Procedures

The EU Court of Justice states that an individual cannot seek the annulment of the Commission’s refusal to address to a Member State a decision declaring that an adopted piece of legislation is unlawful (Bundesverband der Bilanzbuchhalter)
European Court of Justice (Luxembourg)
Case C-107/95 P Bundesverband der Bilanzbuchhalter eV v Commission of the European Communities* 1. It is not open to individuals to bring an action against a refusal by the Commission to initiate proceedings under Article 169 against a Member State. 2. Individuals may, in some (...)