June 1999

General antitrust

The OECD holds a roundtable on competition in professional services
OECD - Competition Division (Paris)
Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat In the light of the written submissions, the background note and the oral discussion, the following points emerge: (1) Although the details vary (...)


The French Minister of Economics clears a merger in the cotton products sector with remedies including restriction of advertising investments, withdrawing use of a trademark and prohibition of reference rebates (Fort James / Demak’up)
French Competition Authority (Paris)
The operation Fort James acquired the Demak’Up and Happy Bébé brands from the Procter & Gamble Company. The markets The sector involved is the manufacturing and marketing of cotton products. Remedy 1: Withdrawing the use of a trademark Post-merger, Fort James will have a market share of (...)

The Dutch Competition Authority clears a merger in the electricity sector subject to divestments (PNEM / MEGA-EDON)
Fieldfisher (Amsterdam)
The operation The activities of PNEM/MEGA and EDON mainly involve the production of electricity, the supply of electricity, gas and warmth, waste collection and management and the exploitation of telecommunication and cable television networks. A newly established company will acquire all the (...)

State Aid

The French Commercial Supreme Court accepts, in principle, that violation of EU State aid provisions may constitute unfair competition, paving the way to State aid damages proceedings (Ducros / CMF Sud)
Sheppard, Mullin, Richter & Hampton (Brussels)
Facts In 1990, the Etablissements Ducros participated in a tender procedure for a contract concerning the extension of the Marseille-Marignane airport. The contract was finally awarded to the Italian company Construzioni Metalliche Finsider Sud (CMF Sud). Ducros brought an action against CMF (...)

The French Civil Supreme Court rejects claim that State aid gave Italian competitor an unfair advantage during a call for tenders (Ducros)
Sheppard, Mullin, Richter & Hampton (Brussels)
European Commission (Brussels)
Brief description of the facts and legal issues In 1990, the claimant, a building company, submitted a bid for an extension to the Marseille airport, for which an Italian company was finally selected. It sued the Italian company in the commercial courts for damages for unfair competition, (...)

The French Administrative Supreme Court declares void an aid running contrary to EU fishering policy objectives (Languedoc Roussillon / Serres)
University of Aix-Marseille
The Languedoc Roussillon Regional Council granted on the 23 July 1991 to M. Thierry Serres a subvention of 20 360 FF (around 28 000 €) for the replacement of an existing fishing ship by a new - larger - one. The Prefect, in charge of the State interests in the department, challenged the (...)

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