July 2003

General antitrust

 The EU Commission approves a 3G mobile network sharing in Germany as it does not raise competition concerns (O2 / T-Mobile)
European Commission - DG COMP (Brussels)
Belgium 1229 contributions 2517016 visits
Commission approves 3rd Generation mobile network sharing in Germany* The Commission today took a favourable decision on 3rd Generation ("3G") mobile network sharing. This decision confirms that site sharing in itself does not raise competition concerns. The investigation has also confirmed (...)

Anticompetitive practices

 The US Court of Appeals holds that a reverse payment agreement between a brand name pharmaceutical manufacturer and a potential competitor is a per se antitrust violation because the agreement exceeded the "scope of the patent" (Cardizem)
United First Partners (New York)
United States 11 contributions 6925 visits
Introduction In re Cardizem CD Antitrust Litigation (“Cardizem”) is one of the first in a long line of cases challenging the so-called reverse payment or pay-for-delay settlement agreements between the pharmaceutical companies. In Cardizem, the U.S. Court of Appeals for the Sixth Circuit held (...)

The US FTC holds that an agreement between two joint venture partners not to advertise or discount directly competing products violated s. 5 of the FTC Act (PolyGram/Warner)
Hughes Hubbard & Reed (Washington)
United States 9 contributions 3211 visits
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Davies Ward Phillips & Vineberg
1 contribution 361 visits
It is said that hard cases make bad law, but sometimes easy cases can make even worse law, especially when theory gets in the way of common sense. A case in point is the Federal Trade Commission’s Three Tenors decision last summer, in which the Commission held that an agreement between two (...)

The EU Commission adopts a formal decision exempting the joint selling of the media rights of an international football tournament (UEFA Champions League)
European Commission - DG COMP (Brussels)
Belgium 2 contributions 747 visits
"Football: joint selling of media rights"* 1. Introduction On 23 July 2003, the Commission adopted a formal decision exempting the joint selling of the media rights of the UEFA Champions League. The Commission concluded that the joint selling of the TV, internet and mobile telephone content (...)

The EU Commission fines a Japanese manufacturer of electronic musical instruments for restrictions on trade and resale price maintenance in Europe (Yamaha)
European Commission - DG COMP (Brussels)
Belgium 4 contributions 3101 visits
"Commission fines Yamaha for restrictions of trade and resale price maintenance in Europe"* On 16 July 2003, the Commission adopted a decision finding that Yamaha Corporation Japan, Yamaha Europa GmbH, Yamaha Musica Italia s.p.a., Yamaha Musique France S.A. and Yamaha Scandinavia AB have (...)

The Japan Fair Trade Commission issues its recommendations to bidders for water meters in a public procurement (Tokyo Metropolitan Government)
Japan Fair Trade Commission (Tokyo)
Japan 126 contributions 22034 visits
JFTC renders recommendation to bidders for water meters procured by Tokyo Metropolitan Government* he JFTC, after conducting an investigation into bidders for water meters procured by Tokyo Metropolitan Government, today issued a recommendation to 19 companies against violation of Section 3 (...)

Unilateral Practices

 The French Competition Authority sanctions a laboratory for having abused its dominant position in the market for certain medicinal products intended for hospitals (Sandoz laboratories)
French Competition Authority (Paris)
France 709 contributions 360814 visits
Laboratoires SANDOZ sanctioned for abusing their monopoly in the cyclosporin market.* In a decision dated 24th July, 2003, the Conseil de la concurrence imposed sanctions on laboratoires SANDOZ (which has now become NOVARTIS Pharma SA) for abuse of a dominant position, and fined them a sum of (...)

The EU Commission adopts a decision under Article 82 against French internet provider’s pricing policy for ADSL services (Wanadoo)
Sheppard Mullin (Brussels)
Belgium 6 contributions 3402 visits
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High Council for the French Notarial Profession (Paris)
France 2 contributions 823 visits
"Two Commission decisions on price abuse in the telecommunications sector"* During the first half of the year 2003, the Commission adopted two formal prohibition decisions pursuant to Article 82 EC-Treaty regarding abusive pricing for the provision of telecommunications services. Those are the (...)

The Greek Competition Authority considers that the Greek Society for the Protection of Intellectual Property has abused its dominant position on the market for the administration of the intellectual property rights of Greek and foreign composers (AEPI)
Hellenic Competition Commission (Athens)
Greece 34 contributions 97064 visits
A number of Greek composers and the Association of Greek composers complained to the Hellenic Competition Commission (Competition Commission) that the Greek Society for the Protection of Intellectual Property (AEPI), a profit making organization of collective administration and distribution of (...)

The US Court of Appeals rules that marginal cost rather than average variable cost may be an appropriate cost measure in predatory pricing cases (AMR)
Sidley Austin (Washington)
United States 14 contributions 5472 visits
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WilmerHale (Washington)
United States 13 contributions 5828 visits
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Stanford University
United States 14 contributions 11618 visits
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The Decision in AMR Between 1995 and 1997, several low cost carriers entered certain airline routes between Dallas/Fort Worth Airport and other cities that American Airlines serves and undercut American’s fares. American responded to the new competition by lowering prices and increasing (...)

Mergers

 The EU Commission conditionally approves a merger in the market for hair care products (Procter & Gamble / Wella)
European Commission - DG COMP (Brussels)
Belgium 17 contributions 8738 visits
"Merger control: main developments between 1st May and 31st August 2003"* On 30 July the Commission cleared the proposed acquisition by the American corporation Procter & Gamble of the German company Wella AG subject to a package of commitments. Procter & Gamble is an international (...)

The EU Commission authorizes the acquisition of joint control by two investment companies of German based academic and professional publisher (Candover / Cinven / BertelsmannSpringer)
European Commission - DG COMP (Brussels)
Belgium 17 contributions 8738 visits
"Merger control: main developments between 1st May and 31st August 2003"* On 29 July the Commission decided to authorise the acquisition of joint control by the investment companies Candover and Cinven of the German based academic and professional publisher BertelsmannSpringer. The transaction (...)

The EU Commission refuses the request of the French authorities for the partial referral of a merger case in the publishing edition in France (Vivendi Universal Publishing/Lagardere)
European Commission - DG COMP (Brussels)
Belgium 17 contributions 8738 visits
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JG Associates (Brussels)
193 contributions 62302 visits
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European Commission - DG COMP (Brussels)
Belgium 148 contributions 49090 visits
"Merger control: main developments between 1st May and 31st August 2003"* On 14 May 2003, the French authorities lodged an application asking that the planned acquisition of Vivendi Universal Publishing (VUP) by the French conglomerate Lagardère be referred to them under Article 9 of the Merger (...)

The EU Commission clears the acquisition of the vitamins and fine chemicals division of a Swiss pharmaceutical company by a Dutch company after a detailed investigation (DSM / Roche)
European Commission - DG COMP (Brussels)
Belgium 17 contributions 8738 visits
"Merger control: main developments between 1st May and 31st August 2003"* On 23 July 2003, the European Commission cleared the proposed acquisition of the Vitamins and Fine Chemicals division of Swiss company Roche by Dutch-based company DSM after a detailed investigation. The Commission had (...)

The EU Commission authorizes an acquisition in the mining industry concluding that the change from joint to sole control does not give rise to new competition concerns (Caemi / CVRD)
European Commission - DG COMP (Brussels)
Belgium 17 contributions 8738 visits
"Merger control: main developments between 1st May and 31st August 2003"* In July the Commission authorised CVRD‘s proposed acquisition of sole control of Caemi, currently controlled by the Japanese iron ore trader Mitsui and CVRD. CVRD acquired joint control of Caemi as a result of a (...)

The Turkish Competition Authority clears a merger in the food oil markets subject to various remedies including limitation of the duration of the exclusive sale and distribution agreements (Unikom / Unilever-SEEF)
Esin (Istanbul)
Turkey 51 contributions 94060 visits
The operation Unilever is a company incorporated in Holland which is active in Turkey through its various subsidiaries including Unikom. Unikom is engaged in the production of corn oil, sunflower oil and olive oil. On the other hand, SEEF is an affiliate of Soros Investment Capital and it had (...)

The EU Commission clears a merger between two Japanese manufacturers of cameras, photocopiers and other imaging products (Minolta / Konica)
European Commission - DG COMP (Brussels)
Belgium 17 contributions 8738 visits
"Merger control: main developments between 1st May and 31st August 2003"* On 11 July the Commission decided to clear the proposed acquisition of Minolta by Konica, two Japanese manufacturers of cameras, photocopiers and other imaging products. Both Konica and Minolta develop and manufacture (...)

The Italian Competition Authority conditionally clears a merger in the sector of telecommunications (Telecom Italia / Megabeam Italia)
Italy 16 contributions 42793 visits
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Chiomenti (Rome)
Italy 19 contributions 51292 visits
The operation On 7 August 2003 the Competition Authority approved the acquisition by Telecom Italia S.p.A. (Telecom) of Megabeam Italia S.p.A. (Megabeam), a provider of R-LAN (radio local area network) infrastructures and wi-fi (Wireless Fidelity) services, subject to conditions and (...)

State Aid

 The EU Court of Justice delivers a judgment on the notion of State aid, addressing the issue of the compensation for services of general economic interest (Altmark)
European Commission - DG COMP (Brussels)
Belgium 13 contributions 26772 visits
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European Commission - DG MOVE (Brussels)
3 contributions 1248 visits
"Compensation for services of general economic interest: some thoughts on the Altmark ruling"* 1. Introduction With the Altmark judgement, the European Court of Justice has uttered the last word in a longstanding dispute: is compensation for services of general economic interest (SGEI) a (...)

Procedures

 Competition law in Albania
Këllezi Legal (Geneva)
Switzerland 19 contributions 22177 visits
Introduction Albania first adopted the law on the protection of competition in 1995 . The law included antitrust rules, unfair competition provisions, and rules on consumer protection. It created the basis for a competition policy in Albania, although it included numerous sectoral exemptions, (...)

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