July 2007

Anticompetitive practices

The Spanish Commercial Court in Madrid holds that it is not bound by an EC Commission decision under Art. 9 of EC Reg. 1/2003 (Carburantes Costa de la Luz / Repsol)
DG TRADE (Brussels)
Garrigues (Brussels)
Article 9 of Council Regulation (EC) n° 1/2003, of 16 December 2002, on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJEC L 1, 4 January 2003, pp. 1-25) (“Article 9”) is one of the major new features of the new EC competition rules adopted in (...)

The French Competition Authority sanctions several companies for having entered into an agreement in the market for high voltage electric cables (Nexans / Safran)
Autorité de la concurrence (Paris)
Press Release published on the official website of the French Competition Authority. Agreement on the market for high voltage electric cables: The Conseil de la concurrence penalizes the major cable suppliers to €19.5 million for making an agreement during two successive invitations to bid (...)

The UK Competition Appeal Tribunal upholds the OFT decision rejecting a complaint of alleged abusive practices by local publishers (Brannigan)
Quebec Department of Justice (Quebec City)
A. Introduction In Terry Brannigan v. Office of Fair Trading, the Competition Appeal Tribunal’s (CAT) does not apply European competition law. However in this decision the CAT deals with several interesting legal issues for any European competition lawyer, especially those involved in the (...)

The French Competition Authority sanctions a chocolate manufacturer for preventing distribution retailers from stocking up from the supplier of their choosing (Léonidas)
Autorité de la concurrence (Paris)
Press Release published on the official website of the French Competition Authority. Chocolate distribution: The Conseil de la concurrence penalizes Léonidas to €120, 000 for preventing distribution retailers from stocking up from the supplier of their choosing.* Following a referral by (...)

The German Competition Authority tolerates cooperation between Pay-TV operators for sports events broadcasting (Premiere / Arena - Bundesliga)
Eversheds Sutherland (Düsseldorf)
Background Premiere AG (“Premiere”) is the leading German Pay-TV operator. One of the main features of Premiere’s program are live broadcastings of football events. Over the last years, this included in particular broadcastings of the German Bundesliga (football league). However, in (...)

A Dutch Court significantly reduces the fines imposed by the NCA for price and rebates coordination on bicycles markets pursuant to both Art. 81 EC and national provisions (Giant Europe, Accell Group and Gazelle/NMa)
European Commission - DG COMP (Brussels)
General Court of the European Union (Luxembourg)
On 18 July 2007, the Court of First Instance of Rotterdam (hereafter the ‘Rechtbank’) ruled on an appeal introduced against a decision adopted by the Dutch Competition Authority (Nederlandse Mededingingsautoriteit, hereafter the ‘NMa’) concerning a cartel between three Dutch companies engaged (...)

A Dutch Court reduces fines for colluding bicycle manufacturers due to lack of economic assessment by the NCA (Giant Europe, Accell Group and Gazelle/NMa)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Court of First Instance of Rotterdam (Rechtbank Rotterdam), 18 July 2007, Giant Europe B.V., Accell Group N.V. , Koninklijke Gazelle B.V. v. NMa, Decision n° 06/28, Cases MEDED 06/12, WILD MEDED 06/26 VRLK, MEDED 06/28 WILD (LJN: BB0440) Facts On 18 July 2007, the Court of Rotterdam (...)

The Stockholm District Court confirms a record fine for the largest cartel in Swedish history (Asphalt Cartel)
Swedish Competition Authority (Stockholm)
A1 Advokater (Stockholm)
On July 10th, 2007, the Stockholm District Court handed down its judgment in what has become known as the largest cartel trial in Swedish history. The investigations in the cartel were initiated in 2001 following a tip-off to the Swedish Competition Authority (hereinafter the “SCA”) that (...)

The Stockholm City Court inflicts the highest amount of fines ever but casts doubts on fining predictability and consistency with EU law (Asphalt Cartel)
General Court of the European Union (Luxembourg)
SNP Schlawien (Munich)
Introduction This article comments on the most comprehensive cartel case in Swedish history. On 10 July 2007, the Stockholm City Court (SCC) delivered its nearly 600 page ruling in the Asphalt Cartel case. Although this case concerns the highest amount of fines ever imposed in a (...)

The Italian Competition Authority imposes the Italian Banks Association to withdraw its guidelines which were capable of restricting competition (ABI)
Ashurst (Brussels)
Legance - Studio Legale (Rome)
Corte dei Conti (Rome)
Background ABI is a non-profit association to which nearly all Italian banks belong. In August 2006, the Italian Banking Law (Legislative Decree n° 385/1993) was amended by Law n° 248/2006. Art. 10 of Law n° 248/2006, which lays down provisions that banks have to respect when changing (...)

The Lisbon Court of Appeals upholds Competition Authority’s decision that imposed a fine to an association for price fixing, but reduces the amount of the fine by considering the association turnover as relevant in place of the associates’ turnover (Veterinarian Medical Association)
Cruz Vilaça Advogados (Lisbon)
On 5 July 2007, the Lisbon Court of Appeals upheld the Lisbon Court of Comerce ruling which confirmed the Competition Authority (“PCA”) decision imposing a fine of € 75,935.00 (seventy-five thousand nine hundred and thirty-five euros) on the Veterinarian Medical Association (“VMA”) for price (...)

The French Competition Authority accepts the commitments proposed by four pharmaceutical laboratories making the medicine quota system he more flexible for wholesale distributors (Boehringer-Ingelheim / Sanofi-Avantis)
Autorité de la concurrence (Paris)
Press Release published on the official website of the French Competition Authority. Distribution of medicines: The Conseil accepts the commitments proposed by four pharmaceutical laboratories making the medicine quota system more flexible for wholesale distributors.* History of the case (...)

Unilateral Practices

The Slovenian Competition Authority fines abusive discrimination in the market for cinema exhibition (Kolosej)
Fatur Menard (Ljubljana)
This case started in August 2006, when cinema distributor of films Blitz complained to the Slovenian Competition Authority (“SCA”) about the abusive practices of company Kolosej in the market for cinema exhibition of films in Slovenia. The SCA started the proceeding on the basis of article 10 (...)

The UK Competition Appeal Tribunal rejects a rival newspaper publishers complaint of alleged abusive anti-competitive practices (Brannigan)
London Borough of Barking and Dagenham
On July 26th 2007 the Competition Appeal Tribunal (“CAT”) unanimously dismissed an appeal brought by Mr. Brannigan, who challenged the OFT’s refusal to investigate the complaint under the Competition Act 1998. Mr. Brannigan was a proprietor of two local newspapers in East Sussex. He alleged (...)

The Tokyo District Court rules that terminating a contract upon its expiration is justified and will not constitute a refusal to deal (X Corporation / Shiodome Corporation / Kyoei Trading Corporation)
Baker McKenzie (Tokyo)
Brief summary of facts The claimants filed a lawsuit claiming compensation for damages for tort on the grounds that the defendants unilaterally terminated the comprehensive real estate administration contract with the claimants, thereby committing private monopolization, jointly refusal to (...)

The England & Wales High Court of Justice holds "serious and arguable” a request for interim measures based on alleged abuse of dominant position on the VoIP mobile telephone service market (Software Cellular Network / T-Mobile)
Baker McKenzie (London)
This case involved an interim application from Software Cellular Network Limited (trading under the name Truphone (“Truphone”) to the High Court of England and Wales on 11 July 2007. Truphone sought an injunction against T-Mobile (UK) Limited (“T-Mobile”) requiring it to activate Truphone (...)

The England & Wales High Court grants an interim order requiring a dominant telephone operator to engage in conduct which will enable the complainant to launch a new mobile telephony service (Software Cellular Network / T-Mobile)
King’s College (London)
Introduction and Background to the Claim In Software Cellular Network Limited v. T-Mobile (UK) Limited, the High Court, found that the applicant, which trades as Truphone, had made out an arguable case that the respondent, T-Mobile, had violated section 18 of the Competition Act 1998 (...)

The Czech Competition Authority imposes a fine for discriminatory pricing in rail cargo transport (Czech Railways - České dráhy)
Van Bael & Bellis (Brussels)
Practising Law Institute (New York)
On 16 July 2007, the Czech Competition Authority announced that it had imposed a fine on České dráhy, a.s. (“Czech Railways”) for abusing its dominant position on the market for rail freight transport of large volume substrates. The fine amounts to CZK 270 million (approximately € 11 million). (...)

The Slovenian Competition Authority finds, after full judicial review overturning its original decision, that local public utility company did not abuse its dominant position in the local market for cemetery and funeral services (JKP Log)
Fatur Menard (Ljubljana)
This case started in December 2003, when company Primozic complained to the Slovenian Competition Authority (“SCA”) about the abusive practices of public utility company JKP Log in the market for cemetery and funeral services in three counties in eastern Slovenia. The SCA started the (...)

The Hungarian Competition Authority accepts commitments by the largest commercial banks to terminate the possible anti-competitive effect of the augmented repayment fee (OTP Bank)
Bassola (Budapest)
The reason the GVH has initiated proceedings against OTP Bank was because OTP Bank unilaterally raised its repayment fee, charged in case of early repayment of the total amount of the personal credit or the mortgage, by 600%. The case ended with commitments undertaken by OTP Bank. 1 (...)

The Turkish Competition Authority takes interim measures against the telecommunications incumbent on alleged predatory pricing on internet broadband access without waiting for the telecommunications regulator’s opinion (TTNet A.S.)
Jones Day (Paris)
Yilanlioglu (Istanbul)
Pursuant to Article 6 of the Law on the Protection of Competition n° 4054 (the “Law”), abuse of dominant position is prohibited. It is forbidden, pursuant to paragraph (a) of Article 6 “to prevent, directly or indirectly, other undertakings in its area of commercial activities or practices (...)

The French Competition Authority orders interim measures to address practices implemented by the incumbent operator on the terrestrial broadcasting of FM radio stations and analogical and digital TV sector (Towercast)
Autorité de la concurrence (Paris)
Terrestrial broadcasting of FM radio stations and analogical and digital TV: The Conseil de la concurrence orders TDF to propose to towerCast a new wholesale hosting offer for broadcasting FM from the Eiffel Tower site in order to allow the company to effectively compete with the incumbent (...)

The Czech Regional Court in Brno annuls on a procedural point a decision of the Competition Authority concerning an alleged abuse of dominant position in the industrial gases market (Linde Technoplyn)
Wolf Theiss (Prague)
Czech Ministry of Justice (Prague)
By a judgment rendered on 10 July 2007, the Regional Court in Brno annulled the first-instance and appeal decisions rendered by the Czech Office for the Protection of Competition and its President in the Linde Technoplyn case. Unfortunately for the commentators, the verdict is based solely (...)

The Bulgarian Competition Authority fines the local telecom incumbent for a refusal to interconnect a competitor to its communication network (Netplus / BTC)
Dessislava Fessenko (London)
By Decision n° 510 of 5 July 2007, the Bulgarian Commission for Protection of Competition (the “CPC”) held Bulgarian Telecommunication Company AD (“BTC”) liable for abusing its dominant position in the market for voice telephony services by refusing to provide interconnection between its (...)

The Dutch District Court of Rotterdam annuls the Competition Authority’s decision on an alleged abusive rebates scheme for insufficient analysis of the effects of the practice (CRV Holding)
KfW (Albania)
The appellant, CRV Holding B.V. (hereafter CRV) appealed to the District Court of Rotterdam against Decision n° 3353 taken by the Dutch Competition Authority (hereafter DCA) on 31 December 2003. The decision was taken under Section 24 paragraph 1 of the Dutch Competition Act 1998 which (...)

The Dutch District Court of Rotterdam applies the effects-based approach under the national equivalent of Article 82 EC (CRV Holding)
DPA Legal (Amsterdam)
The European Commission’s reform of Article 82 EC is progressing at a relatively slow pace. Neither the European Court of Justice (“ECJ”), nor the Court of First Instance have until now endorsed the effects-based approach which the Commission proposed in its 2005 Discussion Paper on Article (...)

The EU Commission adopts a decision against Spanish incumbent telecoms operator for abuse of its dominant position in the broadband market (Telefónica)
DG JUST (Brussels)
OECD - Competition Division (Mexico City)
"Margin squeeze in the Spanish broadband market: a rational and profitable strategy"* On 4 July 2007, the European Commission adopted a decision against the Spanish incumbent telecoms operator Telefonica for a very serious abuse of its dominant position in the Spanish broadband market. The (...)


The UK Competition Appeal Tribunal reviews merger remedies imposed by the OFT in a merger on the funeral services market (CGL / Fairways)
Brown Brothers Harriman (BBH) (Luxembourg)
A merger in funeral services was examined by the OFT On 24 March 2006, Co-Operative Group (CWS) Limited (hereafter “CGL”) purchased and acquired the control of the undertaking Fairways Group UK Limited (“Fairways”). CGL provides funeral services through its subsidiary Funeralcare business. (...)

The European Commission refuses to refer the examination of a concentration in the telecommunications sector to the Bulgarian competition authority (AIG Capital Partners/Bulgarian Telecommunications Company)
JG Associates (Brussels)
European Commission - DG COMP (Brussels)
"Merger control: Main developments between 1 May and 31 August 2007"* In July the Commission received a request for the referral of this case under Article 9(2) (a) and 9(2) (b) of the EU Merger Regulation from the Bulgarian Competition Authority, but decided to deal with the case itself. (...)

The Dutch Competition Authority holds that a proposed merger between the four mental healthcare organisations requires further investigations (Adhesie-Mediant-RIAGGZ over de IJssel-Zwolse Poort)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Healthcare providers, such as general practitioners, pharmacists, physiotherapists, providers of exceptional medical care under the Exceptional Medical Expenses Act, hospitals and convalescent centres are undertakings. The same applies to suppliers of medical aids, pharmaceutical wholesalers (...)

The Latvian Competition Council conditionally clears a merger in the telecommunications sector (Latvijas Mobilais Telefons SIA/ZetCOM SIA)
Cobalt Legal (Riga)
Cobalt Legal (Riga)
The operation On 26 January 2007 the Latvian Competition Council received a merger notification from Latvijas Mobilais Telefons SIA (“LMT”) and ZetCOM SIA (“ZetCOM”). According to the above agreement LMT acquires 100% shares of ZetCOM. (Section 2) The market(s) The relevant product (...)

The UK Office of Fair Trading cleared a merger in funeral services and retail pharmacy and grocery markets, subject to divestments (Co-operative Group/United)
Eli Lilly and Company (Greenville)
The operation Co-operative Group (CWS) Limited (“CGL”) is the UK’s largest co-operative society and is active in a range of sectors including banking, insurance, property investment, the retailing of footwear, travel, pharmacy, funeral services and groceries. United Co-operatives Limited (...)

The Latvian Competition Authority approves acquisition of car distributors by an independent retailer of automobiles pursuant to Art. 16 of the Latvian Competition Law (Inchcape / Baltic Motors)
Kronbergs & Čukste
On July 18, 2007, the Latvian Competition Council adopted a decision clearing the acquisition of control over subsidiaries of Baltic Motors Corporation (hereinafter “BMC”) and SIA “BM Auto” (hereinafter “BM Auto”) by Inchcape Corporate Services Ltd., notified on June 12. 2007. The acquiring (...)

The EU Commission conditionally clears a merger in the fixed and mobile telephony markets (Tele 2 France / SFR)
JG Associates (Brussels)
European Commission - DG COMP (Brussels)
Merger control: Main developments between 1 May and 31 August 2007* In July the Commission approved the purchase of the fixed telephony and Internet access businesses of Tele 2 France by the French mobile telephony operator SFR. As originally notified, the planned operation raised serious (...)

The Hungarian Competition Office concludes that the conditions for individual exemption are fulfilled in case of a joint purchasing and marketing agreement, having found that the joint-venture was not full function (Euronics)
DLA Piper (Budapest)
DLA Piper (Budapest)
Melléthei-Barna (Budapest)
The Hungarian Competition Office (HCO) initiated proceedings against the founding companies of Euronics to verify (i) whether Euronics can be regarded as a full-function joint venture, whose establishment should have been notified to the HCO, and (ii) whether the cooperation agreement (...)

Turkish Competition Authority clears with remedies a major acquisition in the industrial, medical and special gases sector considering, inter alia, non-compete provisions to be ancillary restrictions (Linde Gaz/BOS)
Erdem & Erdem (Istanbul)
In its decision dated 11 July 2007, Turkish Competition Board (“CB”) examined the acquisition by Linde Gaz A.S. (“Linde”) affiliate of a worldwide company Linde A.G of Birlesik Oksijen Sanayi A.S (“BOS”) affiliate of KOÇ Group; upon the compliant of Air Liquide alleging that by this (...)

The UK Competition Commission cleared a merger in the fertiliser and chemical sector subject to remedies, including the divestment of a number of commercial businesses and commitments relating to an existing contract with a third party (Kemira GrowHow/Terra Industries)
World Economic Forum (Geneva)
The operation Kemira GrowHow Oyj (KGH Oyj) is listed on the Helsinki Stock Exchange and has its headquarters in Helsinki. KGH Oyj operates through two business units - Crop Cultivation and Industrial Solutions. It has manufacturing facilities in Belgium, Finland, France, Hungary, Lithuania (...)

The EU Commission adopts consolidated jurisdictional notice under the merger regulation
European Commission - DG COMP (Brussels)
"Commission adopts Jurisdictional Notice under the Merger Regulation"* I. Introduction On 10 July 2007, the Commission adopted the Commission Consolidated Jurisdictional Notice under the Merger Regulation (the “Jurisdictional Notice” or the “Notice”). The Jurisdictional Notice replaces the (...)

The EU Court of First Instance confirms the Commission’s decision to clear acquisition in the market for resins used for ink production (Apollo / Akzo Nobel IAR)
European Commission - DG COMP (Brussels)
"The Court of First Instance confirms clearance of the Apollo / Akzo Nobel IAR merger"* On 29 May 2006 the European Commission approved the acquisition by Hexion Specialty Chemicals (“Hexion”, USA), owned by the investment fund Apollo, of Akzo Nobel’s Inks and Adhesive Resins business (...)

The Norwegian Competition Authority approves a merger in the point of sale electronic payments sector, subject to behavioural remedies (BBS / Teller)
BDO (Stavanger)
The operation On 2 January 2007, the Norwegian Competition Authority (NCA) was notified of the planned acquisition of Teller AS (“Teller Target”) by Bankenes BetalingsSentral AS (BBS). The acquisition was to be made through a special subsidiary company of BBS, carved out of its existing (...)

The Turkish Competition Authority clears a merger in the plastics business markets subject to the limitation of the confidentiality clause duration (GE-Sabic Europe)
Esin (Istanbul)
The operation Sabic Europe is controlled by Saudi Basic Industries Corporation (“SABIC”). SABIC is a publicly held company that 70% of its shares are held by Saudi Arabia Investment Fund and 30% of the shares of SABIC are held by private investors in the countries which are the members of (...)

The Norwegian Media Authority blocks a merger cleared by the Norwegian Competition Authority subject to remedies (Media Norge)
Brown Brothers Harriman (BBH) (Luxembourg)
Norwegian Competition Authority ( Konkurransetilsynet), 12 June 2007, Press release, Conditions for Media Norge Merger (English) Norwegian Competition Authority ( Konkurransetilsynet), 25 April 2007, Press release, Possible intervention against Media Norge merger (English) Norwegian Media (...)

State Aid

The French Administrative Court of Appeal of Lyon rules that a claim questioning the validity of an EU Commission’s decision not to raise objection against alleged State aid measures, raised serious difficulties requiring a preliminary ruling (Régie Networks)
Sheppard Mullin (Brussels)
European Court of Justice (Luxembourg)
Factual Background Régie Networks, an undertaking selling advertising space for the NRJ Group’s local radio stations, paid EUR 152 524 by way of parafiscal charge levied on advertisements broadcast on radio and television in 2001. It claimed reimbursement of that sum from the local tax (...)

The Dutch Court of Appeal qualifies guarantees issued by a port as a form of State aid that should have been notified to the EU Commission (Resiex Capital)
Adyen (Amsterdam)
Factual Background In August 2004, it appeared that the former director of the Port of Rotterdam - owned by the Municipality of Rotterdam - had agreed to authorize a number of bank loan guarantees to a total amount of approximately EUR 100 million. The director of the Port of Rotterdam had (...)

The French Administrative Court of Appeal of Versailles rejects the arguments of a tax payer resisting the payment of a tax on certain advertising expenses on the ground that the levy was not hypothecated to any aid measures (Daimler Chrysler)
Sheppard Mullin (Brussels)
European Court of Justice (Luxembourg)
Factual Background The appellant seeks the annulment of a judgment of the administrative tribunal of Versailles of 14 March 2006 in favour of the society SA Daimler Chrysler France, which claimed the reimbursement of tax paid in 2002 on certain advertising expenses. Before the tribunal of (...)

The Cyprus Commissioner for State Aid Control authorises an aid scheme for postgraduate programme finding that it falls within EU Regulations (Mediterranean Institute of Management)
Queen Mary University of London
Factual Background On 19 June 2007 the Human Resource Development Authority of Cyprus (HRDA) notified to the Commissioner for State Aid Control a draft aid measure, entitled “aid scheme for the participation in the postgraduate programme of the Mediterranean Institute of Management (MIM)”. (...)

The German Federal Court of Justice clarifies that State aid law supersedes German bankruptcy law (SKL)
Eversheds Sutherland (Düsseldorf)
Background From 1997 to 2000, BVT Industrie-Beteiligungsgesellschaft Magdeburg mbH(“BVT”), a company ultimately controlled by the German government, granted several loans to SKL Motoren und Systembautechnik GmbH (“SKL”), a company that developed and manufactured engines for ships and the (...)

The German Federal Court of Justice holds that the presence of State aid elements in the debtor’s capital does not prevent a creditor from challenging a national insolvency procedure (German insolvency procedure)
European Commission
Factual background The applicant is a liquidator in insolvency proceedings concerning L. GmbH (the debtor, later renamed C. GmbH). The defendant is a publicly-owned bank which focuses on encouraging investment in Thuringia. The debtor was a company manufacturing compact discs in Thuringia (...)


The Turkish Parliament passes reform of competition providing parallel regulation with the EU and other developed countries’ practices, reference to EU competition law and amendment proposals within the scope of OECD
Erdem & Erdem (Istanbul)
The Draft Law to amend the Law on the Protection of Competition (the “Law”) which was published in the Official Gazette n° 22140 dated 19 December 1994 and which became effective as of said date was submitted to the Presidency of the Grand National Assembly of Turkey on 23 June 2008. What is (...)

The Dutch Competition Authority imposes fine on an ex-employee of a company under investigation in a cartel case
Van Bael & Bellis (Brussels)
In a recently published decision of 23 July 2007, the Dutch Competition Authority (“DCA”) imposed a fine on an ex-employee (Mr. X) of a company under investigation in a cartel case. Mr. X was frequently mentioned in the documents found during the investigation and, as a former commercial (...)

The French Parliament passes a new law on trade negotiations (Loi de modernisation de l’économie)
Baker McKenzie (Paris)
Mireille Dany (Paris)
1. The Law on the Modernization of the Economy (LME)was passed on 23 July 2008. It provides for numerous provisions. Some of them amend French legislation applicable to trade negotiations between suppliers and distributors. LME was presented as the last step of the reform of legislation (...)

The Italian Supreme Administrative Court confirms standing of third party competitors to challenge a decision of the national competition authority (Ambrosiana Gelati)
Municipality of Cagliari
The Italian Consiglio di Stato (Council of State) in the Sagit judgement, consistently with its recent case law, holds that third party competitors can bring action against a negative decision of the Italian Competition Authority (ICA), which has not found any violation of competition law. (...)

The German Federal Court of Justice rules that the obligation to recover aid is only effectively and immediately implemented if insolvency claims are treated as non-subordinated liabilities
Gleiss Lutz (Brussels)
Jones Day (Brussels)
Gleiss Lutz (Brussels)
The Federal Court of Justice has ruled that the obligation to recover aid is only effectively and immediately implemented if insolvency claims are treated as non-subordinated liabilities. Accordingly, it found that the primacy of EU law must lead to the non-application of a statutory provision (...)

The Spanish Congress passes a new competition act
Hogan Lovells (Madrid)
The Spanish Congress passed on 14 June 2007 a long awaited new Competition Law that will enter into force on 1 September 2007 ("the New Competition Act"). The new Law modernizes the Spanish Competition system by introducing significant changes, at both institutional and substantive levels. (...)

The Spanish Parliament adopts a new competition act
Baker McKenzie (Madrid)
A new competition Act has entered into force in Spain since September, 1st 2007. The new Act entails a significant reform of the Spanish competition regime and will bring in further harmonisation of Spanish competition law with the EU rules. The new Act replaces the individual authorisation (...)

The Swiss Competition Commission adopts a new communication on vertical agreements
Lenz & Staehelin (Geneva)
I. Introduction 1. On July 2nd, 2007, the Swiss Competition Commission (the “ComCo”) adopted a revised communication on the assessment of vertical agreements (the “Revised Communication on Vertical Agreements” or “Revised Communication”), which replaces the previous communication of February (...)

An overview of the UK’s competition law regime
London School of Economics
Competition Act 1998 Enterprise Act 2002 Introduction Prior to the enactment of two key pieces of legislation, namely the Competition Act 1998 and the Enterprise Act 2002, the UK competition law regime was often criticised. Firstly, it was accused of being unnecessarily formalistic. (...)

The Dutch Competition Authority issues guidelines for the setting of fines
Allen & Overy (Amsterdam)
As of the 1st of July 2007, a new Fining Code 2007 of the Dutch Competition Authority (Nederlandse Mededingingsautoriteit, “NMa”) entered into force. The Fining Code provides guidelines for the setting of fines imposed by the NMa. The new Fining Code introduced guidelines for fines for (...)


The Polish Supreme Court issues a controversial judgment setting strict restrictions for registration of Internet publications (Szycie po Przemysku)
Kochanski (Warsaw)
The Supreme Court decision related to internet publications may cause restrictions in freedom of competition within the internet publications market. Surprisingly, the restrictions will base not on the provisions of law but on the judicial decision. In detail the situation is even more (...)

The UK Competition Appeal Tribunal finds that it is not for the Tribunal to assess the reasonableness of the Office of Fair Trading’s exercise of its discretion to decide whether or not to open an investigation (Brannigan)
British Institute of International and Comparative Law (London)
The facts In March 2003, Brannigan, a newspaper owner, launched two local free newspapers the Lewes Life in the local area of Lewes and the Uckfield Life in the local area of Uckfield. In October 2003, Brannigan made a complaint to the OFT alleging that rival publishers, Newsquest and (...)

The French Competition Authority issues an opinion on the marketing of sporting events broadcasting rights
Autorité de la concurrence (Paris)
Press Release published on the official website of the French Competition Authority. Marketing of sporting events broadcasting rights: The Conseil is not in favour of a five year extension of rights purchasing contracts.* Following a malfunction in the operating of the take over bid for (...)

The UK Gas and Electricity Markets Authority closes a case on non-compliance with electricity distribution licences (EDF Energy Networks)
Jacobs (Glasgow)
Background In the e-Competitions November 2006-I Bulletin, we provided a case note on Ofgem’s decision to accept SP Manweb’s commitments to put in place procedures when subcontracting the non-contestable design to Core pursuant to section 31A(2) of the Competition Act 1998. The commitments (...)

The European Commission reaches an agreement with the government of Algeria on territorial restrictions and alternative clauses in gas supply contracts
Macrae (London)
"Territorial restrictions and profit sharing mechanisms in the gas sector: the Algerian case"* I. Introduction With the recent conclusion of the territorial restrictions case relating to the import of Algerian gas into Europe, the Commission successfully closed all previously pending cases (...)

The Spanish Competition Authority investigates football broadcasting rights (Sogecable / Vía Digital / AVS I, II & III)
Callol, Coca & Asociados (Madrid)
Callol, Coca & Asociados (Madrid)
Football is an important matter in Spain. Such importance is currently being illustrated by the mediatic and legal warfare between two media groups, Sogecable and Mediapro, which are fighting over the football league’s broadcasting rights. Each weekend, since the professional league season (...)