March 2004

Anticompetitive practices

 The Japan Fair Trade Commission renders its recommendations against participants in bidding for install sewer pumps (Tokyo Metropolitan Government)
Japan Fair Trade Commission (Tokyo)
Japan 126 contributions 22034 visits
JFTC issues Recommendation to Companies Bidding for the Sewer Pump Installation Work Ordered by the Tokyo Metropolitan Government* The Fair Trade Commission investigated into companies that bid for the sewer pump installation work requested by the Tokyo Metropolitan Government based on the (...)

The Hungarian Competition Authority holds undertakings guilty of bid rigging in construction sector (Strabag - Egut - Ring)
Catholic University of Louvain
Belgium 11 contributions 45213 visits
The factual backdrop to the present finding of a violation of the Hungarian Competition law entails an enquiry by the Hungarian Competition Authority into anti-competitive conduct, in the form of bid rigging, subsequent to a public procurement tender published by the Direction Metro Project of (...)

Le Conseil de la concurrence hongrois sanctionne une entente à l’occasion d’un appel d’offres public à hauteur de 600 000 € (Baucont/Kész et Középületépít)
Arnold & Porter Kaye Scholer (Brussels)
Belgium 63 contributions 96820 visits
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Catholic University of Louvain
Belgium 11 contributions 45213 visits
Dans sa décision du 18 mars 2004, le Conseil de la concurrence sanctionne - sévèrement ? - une entente entre entreprises du bâtiment à l’occasion d’un marché public pour l’Université de Kaposvár. En 2001, l’Etat hongrois avait lancé un appel d’offres dans le cadre d’un marché public pour la construction (...)

The Hungarian Competition Office fines road constructors for concerted practices during road construction projects in Budapest (Alterra Kft.)
Lakatos, Köves (Budapest)
Hungary 19 contributions 33358 visits
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Lakatos, Köves (Budapest)
Hungary 35 contributions 46884 visits
In 2002, the Hungarian Competition Office (HCO) launched proceedings against eight road construction companies including Strabag Rt. (Strabag), EGÚT Egri Útépítő Kft. (EGUT), Hídépítő Rt. (Hídépítő) and Ring Kkt. (Ring), a JV of Strabag and Hídépítő, on the grounds that they were suspected of having (...)

The Hungarian Competition Authority closes proceedings following commitment to cease RPM (Bobájka)
DLA Piper (Budapest)
Hungary 37 contributions 99335 visits
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DLA Piper (Budapest)
Hungary 35 contributions 74709 visits
Description of the impugned case The lease agreements of Bobájka (a producer of bakery products) contained straightforward RPM clauses and also exclusivity clauses (the tenants/retailers were obliged to sell exclusively the products of Bobájka within the territory of the leased property and only (...)

Unilateral Practices

 The US Court of Appeals for the Eleventh Circuit rules out prevailing of copyright and bases its analysis exclusively on competition law (Morris Communications / PGA Tour)
Infinitum Legal Services (Istanbul)
Turkey 2 contributions 355 visits
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Infinitum Legal Services (Istanbul)
Turkey 2 contributions 355 visits
Over the last years, the relationship between sports and media has evolved in an unprecedented manner. Broadcasting packages now consist of many different rights such as highlights packages, mobile phone rights and Internet packages. Due to this significant enlargement in commercial sports (...)

The Japanese FTC issues its recommendations against a large retailer who could have been abusing its superior bargaining position against suppliers (Sanyo Marunaka)
Japan Fair Trade Commission (Tokyo)
Japan 126 contributions 22034 visits
JFTC renders a Recommendation to a department store, Sanyo -Marunaka K．K． against unfair trade practice* The Fair Trade Commission, following an investigation, today rendered a recommendation to Sanyo-Marunaka K.K. as they are in violation of Section 19 of the Antimonopoly Act (Paragraphs 1, 2 (...)

The EU Commission condemns leading US software company for abuse of a dominant position in the market for client PC operating systems, ordering to grant compulsory license to competitor (Microsoft / Sun Microsystems)
White & Case (Brussels)
Belgium 51 contributions 53685 visits
This article analyses the three major recent cases dealing with the boundary between EC competition law and intellectual property rights: the Commission’s interim measures decision in the IMS case, the European Court of Justice’s later judgment in IMS and, finally, the Commission’s decision in the (...)

The EU Commission adopts a decision in a case concerning the abuse of a dominant position by a leading US provider in the PC operating systems (Microsoft)
French Competition Authority (Paris)
France 9 contributions 23685 visits
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Gibson Dunn (Brussels)
Belgium 11 contributions 24684 visits
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Ocean Breeze GmbH & Co (Bremen)
France 2 contributions 1568 visits
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"Commission adopts Decision in the Microsoft case"* 1. Introduction On March 24 2004, the Commission concluded its Microsoft investigation by way of a formal Decision. This brought to an end proceedings which had lasted just over five years. The Commission found that Microsoft had abused its (...)

The UK Competition Appeal Tribunal finds a pharmaceutical company guilty of margin squeeze but rejects the Competition Authority’s evidence on bundling (Healthcare at Home / Genzyme)
European Commission - DG COMP (Brussels)
Belgium 4 contributions 6000 visits
Genzyme Limited ("Genzyme") is a pharmaceutical company which produces Cerezyme - the main drug for the treatment of Gaucher disease. The drug is taken by approximately 190 patients in the United Kingdom and is usually administered at home with the assistance of trained medical staff. Between (...)

Mergers

 The Bulgarian Commission for the Protection of Competition cleared an acquisition of a major cement plant while imposing divestiture commitments to prevent further market oligopolization (Rhea Cement/Zlatna Panega Cement/Granitoid)
Boyanov & Co. (Sofia)
Bulgaria 8 contributions 19296 visits
The operation Notified transaction relates to the acquisition of a controlling stake by Rhea Cement Limited in the capital of two cement plants in Bulgaria - Zlatna Panega Cement AD and Granitoid AD. While Granitoid AD, at the time of the acquisition has stopped its activity for several years, (...)

The Danish Competition Council approved a merger in the energy sector subject to remedies including the disposal of CHP plants, the sale by auction of virtual power generating capacity, improvements to the transmission network and improvements in the retail market (Elsam / NESA)
Kromann Reumert (Copenhagen)
Denmark 5 contributions 5801 visits
The operation Elsam A/S was a large energy group that owned all the central combined heat and power plants ("CHP plants") in Western Denmark (the areas of Jutland and Funen). The group owned 21 decentral CHP plants and around 500 electricity generating windmills, and was also active in the (...)

The UK Competition Authority clears a merger in the IT software sector subject to the divestment of a stand-alone business operating in the healthcare sector (iSOFT / Torex)
Added Value Capital Partners (AVCP) (Royston)
United Kingdom 16 contributions 39487 visits
The operation iSOFT provides software and systems to healthcare provider organisations including the NHS. Torex provides healthcare technology software and systems for healthcare providers to GPs, laboratories, hospitals and community care. Torex also provides the hardware, installation and (...)

The Lithuanian Competition Council clears a merger in the distribution and transmission of natural gas sector with commitment not to limit purchasing by other gas supply companies and eligible customers (Gazprom / Lietuvos dujos)
Amazon (Singapore)
Singapore 18 contributions 38507 visits
The operation By a decision dated 18 March 2004, the Lithuanian Competition Council authorized in phase II the acquisition by OAO Gazprom (« Gazprom ») of 34 % shares of AB Lietuvos dujos (« Lietuvos dujos »). The concentration created joint control of Lietuvos dujos by Gazprom, VÁ Valstybës turto (...)

The EU Commission conditionally clears a merger in the industrial gases industry (Air Liquide / Messer)
French Competition Authority (Paris)
France 9 contributions 23685 visits
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European Commission - DG COMP (Brussels)
Belgium 14 contributions 18495 visits
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Gardyn (Washington)
United States 4 contributions 1842 visits
"Air Liquide / Messer: addressing the changes brought about by the concentration in the industrial gases industry"* On 15 March 2004, the European Commission approved, subject to conditions, the acquisition by L’Air Liquide SA (‘Air Liquide’) of Messer Griesheim KGaA’s (‘Messer Group’) activities (...)

The Latvian Competition Authority conditionally clears a merger in the sector of postal services (Suomen Posti)
Cobalt Legal (Riga)
Latvia 14 contributions 43469 visits
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Cobalt Legal (Riga)
Latvia 13 contributions 35330 visits
The operation On 23 December 2003 the Competition Council received a merger notification (hereinafter - the Notification) from SUOMEN POSTI OYJ on a merger between Latvijas Elektroniskais pasts SIA (hereinafter - the LEP) and Nacionalais maksajumu centrs AS (hereinafter - the NMC). According (...)

State Aid

 The EU Commission conditionally approves a State aid scheme concerning the reduction of greenhouse gases emissions and allows for the first time more than 40% of aid intensity for investments in solar photovoltaic energy
Italian representation to the EU (Brussels)
Belgium 2 contributions 445 visits
"More than 40% of aid intensity for investments in solar photovoltaic energy"* Introduction On March 19, 2004 (OJ L 81, p. 72) the Commission’s conditional positive decision closing the formal investigation procedure on case C 60/2002 was published. It concerned an aid scheme that Tuscany (...)

The EU Council adopts the Commission’s proposal to extend by one year the temporary defensive mechanism to shipbuilding
European Commission - DG COMP (Brussels)
Belgium 1 contribution 213 visits
"Temporary defensive mechanism to shipbuilding extended by one year"* The temporary defensive mechanism (‘TDM’) introduced by Council Regulation (CE) No 1177/2002 of 27 June 2002 has already been described in the spring issue of the Competition Policy Newsletter. Since then, the TDM, due to (...)

Procedures

 The French Competition Authority refers to a hard-core cartel case to the public prosecutor (Bakery sector in the Marne department)
Innovate Finance (London)
France 30 contributions 90156 visits
Article L. 420-6, paragraph 1, of the Commercial Code creates the infraction applicable to natural persons having taken part in an anticompetitive practice. This article states: “If any natural person fraudulently takes a personal and decisive part in the conception, organisation or (...)

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