March 2006

Anticompetitive practices

 The Luxembourg Courts take the rare opportunity to consider a case concerning the car distribution sector under Article 81 of the EC treaty (I.C.S. Renting / Etoile Garage)
Moyse Bleser (Luxembourg)
Luxembourg 23 contributions 85377 visits
Even if courts had already the power to apply article 81, paragraph 1, EC Treaty before the 1st May 2004, article 81 EC Treaty has been rarely applied by Luxembourg courts and there exists not really a developed Luxembourg case law concerning the application of articles 81 and 82 EC Treaty. (...)

The Japan Fair Trade Commission imposes surcharges on participants in bidding for construction works and makes a cease and desist order against them (Okinawa prefecture)
Japan Fair Trade Commission (Tokyo)
Japan 105 contributions 8800 visits
The JFTC issued cease-and-desist order and surcharge payment order against bid participants for construction works procured by Okinawa prefecture. * The Japan Fair Trade Commission (“JFTC”) had conducted an investigation against bid participants for civil works and construction works procured (...)

The Latvian Competition Council fines a company for imposing retail price maintenance obligations (Hanzas maiznicas)
Mittal Investments UK Ltd (London)
United Kingdom 4 contributions 16302 visits
Summary On 29 March 2006, the Latvian Competition Council imposed a LVL 11,709 (€ 16,680) fine on AS ‘Hanzas maiznicas’, a leading bread manufacturer in Latvia, for imposing retail price maintenance requirements on bread retailers in Latvia. The facts In 2004 and 2005, AS ‘Hanzas maiznica’ (...)

The UK High Court holds that an unlawful non-compete clause cannot be severed from the exclusive distributorship agreement if such severance would destroy the fundamental nature of the agreement (Courage)
British Competition Authority - CMA (London)
Royaume-Uni 6 contributions 11581 visites
A. Introduction In its judgment of 1 March 2006 the England and Wales High Court (Commercial Court) ("the High Court") made an important ruling on the severability of a non-competition clause in the context of the termination of an exclusive distributorship agreement. The High Court held that (...)

The Japan Fair Trade Commission imposes surcharges on participants in bidding for steel bridge construction projects (Takada Kiko Co.)
Japan Fair Trade Commission (Tokyo)
Japan 105 contributions 8800 visits
The JFTC surcharged 44 participants in the bid-rigging for steel bridge construction projects * The Fair Trade Commission of Japan (hereinafter “JFTC”), on March 24, 2006, ordered 44 participants to pay surcharge regarding the bid-rigging for steel bridge construction projects procured by (...)

The French Council of State holds that the auditors code of Ethics does not impose or support the conclusion of agreements contrary to Art. 81 EC (KPMG)
European Court of Justice (Luxembourg)
Luxembourg 2 contributions 12680 visits
Four big multi-fields networks, usually called the “big four” (KPMG, Ernst & Young Audit, Deloitte and Pricewaterhousecoopers Audit) and another accounting firm (the Grant Thornton company), submitted to the Council of State’s High Assembly, the question of the lawfulness of a decree of (...)

The Madrid Commercial Court suspends the incumbent gas company’s public acquisition offer on an direct competitor on the basis of a potential infringement of Art. 81 EC (Gas Natural-Iberdrola / Endesa)
Compass Lexecon (Madrid)
Spain 4 contributions 21761 visits
On March 21st 2006, a Spanish commercial court temporarily suspended the unsolicited bid made by Gas Natural to acquire Endesa, while it investigates Endesa’s allegation that Gas Natural infringed Article 81 by acting in agreement with Iberdrola to remove Endesa from the market by means of a (...)

The Hungarian Competition Office investigates whether an exclusive agreement in relation to magazine racks infringes the Hungarian Competition Act (Presti Est’s)
Hogan Lovells (Budapest)
Hungary 9 contributions 40225 visits
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Hogan Lovells (Budapest)
Hungary 4 contributions 21097 visits
Background The Pesti Est media company is the largest player on the market of free program magazines in Hungary, distributing 130,000 copies a week of its magazine in Budapest. The Competition Office started an investigation into whether Pesti Est’s exclusive agreements in relation to their (...)

The Hungarian Competition Authority condemns factual resale price maintenance (Kemira)
Oppenheim (Budapest)
Hungary 37 contributions 97107 visits
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Oppenheim (Budapest)
Hungary 35 contributions 72544 visits
Description of the impugned case The distribution agreements in question by the producer (Kemira) did not contain RPM clauses; on the contrary, they provided that the distributor’s pricing policy is not restricted. Nevertheless, the producer sent several mails, calls and warnings to the (...)

The Madrid Commercial Court suspends the incumbent gas company’s bid to acquire a competitor on the basis of an alleged anticompetivive agreement contrary to Art. 81.1 EC (Gas Natural / Endesa)
Associated British Foods (London)
Royaume-Uni 3 contributions 10839 visites
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Freshfields Bruckhaus Deringer (Madrid)
Espagne 1 contribution 3227 visites
Introduction Gas Natural’s hostile bid for Endesa is Spain’s largest ever takeover, and the bid is growing more hostile by the day. Endesa has filed more than 12 claims or appeals before the Spanish, EU and US courts in an attempt to block the deal. In this context, on 25 November 2005, Endesa (...)

The French Competition Authority sanctions 34 building and civil engineering companies for engaging in widespread anti-competitive agreements involving public procurement contracts in the Ile-de-France area (Ile-de-France Public works)
French Competition Authority (Paris)
France 513 contributions 156404 visits
Press Release published on the official website of the French Competition Authority. The Drapo software case: 34 building and civil engineering companies have been fined a total of 48 million euros by the Conseil de la Concurrence for engaging in widespread anti-competitive agreements (...)

The Czech Office for the Protection of Competition exempts an individual beer supply agreement containing a minimum purchase obligation in favour of the dominant operator (Plzensky Prazdroj)
University Paris I Panthéon-Sorbonne
France 8 contributions 31350 visits
In this decision the national competition authority, the Czeh Office for the Protection of Competition (hereafter the “Office”) had a new opportunity to assess the validity of a vertical agreement concluded between the largest Czech brewer, Plzensky Prazdroj, a.s., and its distributors. The (...)

The Brussels Court of Appeal awards damages for active sales breaching an exclusive distribution agreement (Horas International / Rexit)
BECI (Brussels)
Belgium 18 contributions 106443 visits
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Liège University
France 39 contributions 155224 visits
The facts The appellant in this case is a Belgian firm whose business activities consist in distributing furniture and accessories (hereafter the “distributor”). The defendant is an Italian company specialized in the design and production of furniture (hereafter the “manufacturer”). In 1985, the (...)

The French NCA fines producers and retailers for vertical price-fixing agreements in the luxury perfume sector
Paris School of Economics
France 56 contributions 213208 visits
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Analysis Group (Paris)
France 22 contributions 72071 visits
The French Competition Authority (FCA) fined 13 luxury perfume companies and 3 national distribution chains for entering into vertical price fixing agreements. The fines total 46.2 million Euros. The French Competition Authority stated that the existence of an anticompetitive conduct was (...)

The French NCA fines nearly 80 companies and trade associations for horizontal and vertical agreements in the sector of heating, sanitation, plumbing and air-conditioning products and clarifies the standard of proof applicable to anticompetitive meetings (Agreement in the sector of heating, sanitary, plumbing and air-conditioning products)
Dechert (Paris)
France 9 contributions 13540 visits
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Herbert Smith Freehills (Paris)
France 87 contributions 34728 visits
In a decision of 9 March 2006, the French Competition Council (the "Council") fined nearly 80 companies and trade associations for unlawful practices implemented between 1993 and 1998 in the sector of heating, sanitation, plumbing and air-conditioning products. These practices included (i) (...)

The Latvian Courts and NCA find out that trade between member States is not affected by an international supply agreement and refuse to ask for a preliminary ruling to the ECJ (Kempmayer Media)
Loze, Grunte & Cers
1 contribution 6365 visites
Facts On 7 June 2004, the Latvian Competition Council declared that an agreement signed on 14 November 2002 between Kempmayer Media Ltd. (a company of England and Wales) and a/s Digitlais Latvijas radio un televzijas centrs (a company of Latvia) restricted competition and thus declared the (...)

The Madrid Commercial Court declares null and void an exclusive purchasing agreement on the basis of Art. 81.1 EC (El Mareny / Repsol)
London School of Economics
United Kingdom 55 contributions 290472 visits
Factual background The present judgment is a new chapter of a lengthy saga concerning agreements signed between petrol distributors and Repsol Comercial de Productos Petrolíferos, S.A. (hereinafter, “Repsol CPP”), a subsidiary of the former monopoly in the Spanish petrol sector. This saga has (...)

The US Supreme Court reaffirms market power requirement to determine a tying arrangement as per se unlawful (Independent Ink)
BakerHostetler (Washington)
United States 3 contributions 1665 visits
Are tying arrangements illegal per se?* In the deep, dark antitrust dungeon reserved for per se offenses, only one species of conduct remains that does not involve a horizontal conspiracy: tying arrangements. Minimum resale pricing agreements tunneled their way out thanks to the Supreme (...)

Unilateral Practices

 The UK Competition Appeal Tribunal relies on the refusal to supply doctrine to adopt a very wide interpretation of abuse (Burgess/OFT)
British Institute of International and Comparative Law (London)
United Kingdom 9 contributions 22271 visits
CHRONOLOGY On 16 January 2002, W Austin and Sons (Stevenage) Limited (“Austins”) wrote to J.J. Burgess and S.J. Burgess trading under the name JJ Burgess and Sons (“Burgess”) refusing Burgess access to Harwood Park with effect from 18 January 2002. On 21 January 2002, Burgess complained to the OFT (...)

The EU Commission imposes a fine of € 24 million on a Norwegian supplier of reverse-vending machines for abuse of dominance (Prokent / Tomra)
NERA (Berlin)
Germany 5 contributions 5189 visits
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European Commission (Brussels)
Belgium 1 contribution 530 visits
"Prokent/Tomra, a textbook case? Abuse of dominance under perfect information"* Introduction On 29 March 2006 the Commission adopted the Prokent/Tomra decision imposing a fine of € 24 million on the Norwegian group Tomra, a supplier of so-called reverse-vending machines that are used by retail (...)

The Italian NCA fines € 1.6 M the incumbent postal operator for exclusionary tariffs based on a national decree on the basis of Art. 10, 82 and 86 EC (Posta Ibrida)
London School of Economics
United Kingdom 55 contributions 290472 visits
Poste Italiane SpA (hereinafter, “Poste Italiane”) is the incumbent operator in the postal sector in Italy. It operates in the hybrid mail sub-sector through Postel SpA (hereinafter, “Postel”), a subsidiary it owns 80% of. In 2003, an undertaking active in the hybrid mail sub-sector lodged a (...)

The Polish Competition Authority imposes a maximum fine on the incumbent Polish telecom operator for non-implementation of its decision (Telekomunikacja Polska)
Greenberg Traurig Grzesiak (Warsaw)
Poland 29 contributions 78094 visits
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Affre i Wspólnicy (Warsaw)
Poland 1 contribution 4847 visits
President of the Office of Competition and Consumer Protection (the “OCCP”) imposed by way of decision on March 28, 2006 (n° DDI2-423-2/925/00/BC) a fine on Telekomunikacja Polska S.A. (“TP S.A.”, the “Company”) of PLN 5,7 million (nearly € 1,5 million), which is equivalent to € 10,000 per each day of (...)

The Court of First Instance of The Hague dismisses a complaint for abusive access tariff on the broadband Internet access (Educatief Net - Easynet / KPN Telecom)
European Commission - DG HR (Brussels)
47 contributions 200337 visites
Nl.tree was established by nine cable operators, in order to supply, following an agreement concluded with the Dutch Ministry of Education, internet access and related services, known as “Kennisnet”, to primary schools, secondary schools and vocational and adult learning institutions. Broadband (...)

The Czech Competition Office condemns the telecommunications incumbent abuse of dominant position on the ADSL market services (Ceský Telecom - ADSL)
Gide Loyrette Nouel (Prague)
Czech Republic 7 contributions 26602 visits
On 22 March 2006 the Chairman of the Czech Competition Office imposed a fine in the amount of 80 million CZK upon Ceský Telecom, a.s. (“CT”), the Czech telecommunications operator, for an abuse of its dominant position, in violation of Article 11 of the Czech Competition Act, on the market : (i) (...)

The French Competition Council fines exclusionary practices and requires the removal of exclusivity clauses in the self-catering accommodations market on the basis of Art. 82 EC (Gîtes de France)
Coca-Cola (Paris)
France 4 contributions 30088 visites
Referred to by the Ministry of the Economy, the French Competition Council examined in its decision 06-D-06 of March 17, 2006 the practices implemented by the main French organization offering labels to owners of self-catering accommodations in France. As a matter of fact, the federation “Gîtes (...)

The Czech Competition Authority states that the simultaneous announcement of new business terms on an upstream wholesale market and a downstream retail market amounts to an abuse of dominant position on the upstream market (Ceský Telecom - ADSL)
Czech Ministry of Justice (Prague)
Czech Republic 33 contributions 107991 visits
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Czech Ministry of Justice (Prague)
Czech Republic 30 contributions 79241 visits
By a decision on appeal rendered on 17 March, 2006, the President of the Czech Office for the Protection of Competition has confirmed a first instance decision according to which Ceský Telecom, a.s. (“CTc”), the incumbent Czech telecommunications operator, had abused of its dominant position on (...)

The Italian Administrative Supreme Court confirms a decision of the Competition Authority condemning the formerly State-owned telecommunications monopolist for the abuse of its dominant position on the market of the fixed network telecommunications services for business customers (Telecom Italia / Albacom - Colt Telecom - Tiscali)
Shearman & Sterling (Rome)
Italy 14 contributions 38687 visits
A decision of the Italian NCA (Autorita’ Garante della Concorrenza e del Mercato, “AGCM”) of November 2004 had imposed a fine totalling an aggregate of € 152 millions to Telecom Italia (formerly the State-owned telecommunications monopolist) for abusing its dominant position on the fixed network (...)

The Athenian Court of Appeal seeks a preliminary reference in the case of a pharmaceutical company denying the supply of certain drugs to a Greek wholesaler (GlaxoSmithKline)
University College London
United Kingdom 3 contributions 22598 visits
Factual background The plaintiff was a company operating at the wholesale level, in the pharmaceutical sector, supplying pharmacies and hospitals with drugs and other products related to that sector. The defendant was the Greek Subsidiary of the GlaxoSmithKline Company incorporated in the UK. (...)

The UK Office of Fair Trading accepts commitments offered by a free news paper alleviating its exclusive distribution rights in London underground and train stations (Associated Newspapers)
Freshfields Bruckhaus Deringer (London)
United Kingdom 6 contributions 34954 visits
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King’s College (London)
United Kingdom 17 contributions 77211 visits
On 1st March 2006 the OFT adopted a decision accepting binding commitments offered by Associated Newspapers Limited (ANL). Accordingly, the OFT closed its file in respect of an investigation into an alleged breach by ANL of UK and EC competition rules through the conclusion of contracts (...)

The U.S. Supreme Court strikes down patent market power presumption in tying cases (Illinois Tool Works)
WilmerHale (Washington)
United States 14 contributions 4808 visits
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WilmerHale (Washington)
United States 13 contributions 5161 visits
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Matheson Keys & Kordzik (Austin)
United States 2 contributions 1081 visits
The Supreme Court issued two unanimous opinions in antitrust cases. These are the second and third antitrust opinions of the Term; u.S. ---, 1-6 S.Ct. 860 (-006), involved the robinson-Patman act. in recent years the Court has taken one or at most two antitrust cases per Term, so this (...)

Mergers

 The Romanian Competition Council cleared a merger in the packed yellow fats market with remedies including granting of a three years exclusive license (Orkla Foods Romania/Royal Brinkers)
Fruth Oprisan (Bucharest)
Romania 6 contributions 14489 visits
The operation ORKLA FOODS ROMANIA SA manufacturer of margarine, ketch up, mustard, tomato paste, submitted the notification of the economic concentration arisen out of the acquisition of a number of shares in ROYAL BRINKERS ROMANIA SRL offering the sole control over such company. By the (...)

The Turkish Competition Authority cleared a merger in the packaged herbal and fruit tea market subject to revision of a provision aiming at minimum sale price (Dogadan-Kutas)
Esin (Istanbul)
Turkey 51 contributions 92140 visits
The operation Kutas is established as a joint venture between a Turkish and a German company. Dogadan is a company incorporated in Turkey and Dogadan’s shareholders consist of a Turkish family and a Swiss company MKT Holding AG, both of them having 50% shareholding in Dogadan. The operation (...)

The Hungarian Competition Authority clears a merger in the co-location services sector subject to remedies including separate operation, non-discrimination provisions and access obligations (Dataplex)
Lakatos, Köves & Partners (Budapest)
Hungary 15 contributions 33940 visits
The operation Dataplex is the most significant provider (with possessing approximately 50 per cent of the shares of the free area capacity) of the infocommunication outsourcing services (such as setting up the infrastructure, data storage services, ensuring the continuous course of business (...)

The European Commission approves, subject to divestiture, an acquisition in the motor sports sector (CVC/SLEC)
JG Associates (Brussels)
205 contributions 55740 visits
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DG COMP (Brussels)
Belgium 169 contributions 46971 visits
"Mergers — Main developments between 1 January and 30 April 2006"* On 31 January 2006 CVC notified its proposal to acquire sole control of SLEC. SLEC is a holding company owning all the rights in the Formula One Group. CVC is already active in the field of motor sports through its subsidiary (...)

The German Bundeskartellamt cleared a merger in the market for waste disposal services subject to remedies, including the divestiture of investments and assets (Alba/RWE MV)
Baker McKenzie (Dusseldorf)
Germany 34 contributions 81565 visits
The operation On 21 November 2005 Alba AG (“Alba”) notified the Bundeskartellamt of its proposed acquisition of RWE Umwelt Mecklenburg Vorpommern GmbH (“RWE MV”). Alba is active as a provider of waste disposal services for commercial and industrial clients as well as municipalities. RWE MV is a (...)

The EU Commission clears a merger in the Danish energy sector remedying competition problems through infrastructure unbundling and gas release (DONG / Elsam / E2)
European Commission (Brussels)
Belgium 6 contributions 6321 visits
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DG COMP (Brussels)
Belgium 5 contributions 4778 visits
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European External Action Service (Brussels)
Belgium 36 contributions 10600 visits
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"DONG/Elsam/E2: Remedying competition problems in an energy merger through infrastructure unbundling and gas release"* 1. Introduction Following an in-depth investigation, the European Commission on 14 March 2006 authorised — subject to commitments — the acquisition by Danish natural gas (...)

The EU Commission approves the acquisition of sole control of Danish regional electricity incumbents by Danish state-owned gas incumbent (DONG / Elsam / E2)
JG Associates (Brussels)
205 contributions 55740 visits
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DG COMP (Brussels)
Belgium 169 contributions 46971 visits
"Mergers — Main developments between 1 January and 30 April 2006"* On 14 March 2006 the Commission approved the acquisition of sole control of Elsam and Energi E2 (‘E2‘), regional electricity generation incumbents in Denmark, and of Kobenhavns Energi Holding A/S (‘KE‘) and Frederiksberg Elnet A/S (...)

The Cyprus Commission for the Protection of Competition imposes a fine for violation of notification of mergers duty (Lanitis Bros, Coca Cola)
Elias Neocleous (Cyprus)
11 contributions 1007 visits
Factual background On 02.01.2006 Lanitis Bros Public Ltd and Coca Cola Hellenic Bottling Co S.A. filed a notification of a concentration of the proposed acquisition by Coca Cola Hellenic Bottling Co. S.A. through its subsidiary company 3 E (Cyprus) Ltd of the share capital of Lanitis Bros (...)

The Turkish Competition Authority cleared a merger in the agricultural products sectors subject to remedies including limitation of the duration of the non-compete clause (Eker-Andros-Novandie)
Esin (Istanbul)
Turkey 51 contributions 92140 visits
The operation Both of the Purchasers are French companies. Andros is a holding company which operates in the administration of its holding companies including Novandie. Andros Group companies are active in the production and marketing of diary products and fruit juices. Novandie is also active (...)

The German Bundeskartellamt cleared a merger in the market for hospital services subject to remedies, including the divestiture of a 50% shareholding in another hospital (AKK GmbH/AKK Verein)
Baker McKenzie (Dusseldorf)
Germany 34 contributions 81565 visits
The operation On 2 August 2005 the Bundeskartellamt was notified of the proposed acquisition by AKK Altonaer Kinderkrankenhaus gGmbH (“AKK GmbH”) of Altonaer Kinderkrankenhaus (“AKK”) from Verein Altonaer Kinderkrankenhaus (“AKK Verein”). AKK (the target) is a children’s clinic in Hamburg-Altona. (...)

The German Federal Cartel Office clears a merger in the hospital sector subject to remedies, therefore continuing its proactive role in reshaping the German hospital sector (AKK)
Gleiss Lutz (Munich)
Germany 28 contributions 47332 visits
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Milbank, Tweed, Hadley & McCloy (Munich)
Germany 28 contributions 47332 visits
On 8 March 2006, the German Federal Cartel Office cleared a merger in the hospital sector subject to conditions and obligations . The case concerned the acquisition of the Altona Children’s Hospital (AKK), Hamburg-Altona, by the Altona Children’s Hospital non-profit LLC (AKK gGmbH), a special (...)

The Austrian Federal Competition Authority clears the acquisition of 66% of an airport by a consortium of investors, subject to remedies including a price cap and capacity and hold-separate commitments (Vienna Airport/Bratislava Airport)
Geneva University
Switzerland 22 contributions 42286 visits
The operation The Austrian Federal Competition Authority (BWB) referred the acquisition of 66% of Bratislava Airport (BTS) by Vienna International Airport (VIE) and Penta Investments Limited to the Cartel Court (OLG) for a Phase II investigation. The acquisition was referred to the OLG as it (...)

The Dutch Competition Authority clears a merger in the transmission of radio- television- and datasignals sector subject to divestment (KPN - Nozema Services)
Booking.com
Netherlands 15 contributions 38487 visits
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Fieldfisher (Amsterdam)
Netherlands 15 contributions 38487 visits
The operation KPN offers telecommunication services and is active on the market of the sale of digital television to end consumers. Nozema is active on the market of the transmission of radio- television- and datasignals and related services. KPN proposed to acquire 100% of the shares in (...)

The Turkish Competition Authority cleared a merger in the automobile engines markets subject to limitation of the duration of the non-compete clauses (Daimler Chrysler-EQT)
Esin (Istanbul)
Turkey 51 contributions 92140 visits
The operation DaimlerChrysler is a company established through the merger of Daimler-Benz AG and Chrysler Corporation in 1998. The main field of activities are automobile manufacture and defence industry technologies. It has facilities in 20 countries all over the world. It is not under the (...)

State Aid

 The French Administrative Supreme Court confirms that subsidies granted for orders of French-language books are State aid, but refers for a preliminary ruling a question concerning the extent of the recovery of unnotified aid (CELF I)
Schmitt Avocats (Paris)
France 16 contributions 86178 visits
By a decision of 5 October 2004, the Administrative Court of Appeal of Paris classified as a State aid the subsidies granted by the French State to the Centre d’Exportation du Livre Français (“CELF”), entity created at the end of the 70’s to contribute to the diffusion of French-language books (...)

The French Council of State refers to the ECJ for preliminary ruling on the extent of the recovery obligation of an unlawful aid later declared compatible by the Commission (CELF I)
Sheppard, Mullin, Richter & Hampton LLP (Brussels)
Belgium 334 contributions 619396 visits
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European Court of Justice (Luxembourg)
Luxembourg 64 contributions 111586 visits
Factual background CELF is a cooperative society in public limited company form and carries on the activity of export agent. Its aims are to process directly orders for abroad and the French overseas territories and departments for books, brochures and any communication media and, more (...)

The Danish Competition Authority finds that a municipality has wrongly calculated the costs of the municipal service provider and to remedy the unlawful aid orders to re-calculate the latter’s costs, taking into account its guidance (Fritvalg - Slangerup Kommune)
Bech-Bruun (Copenhagen)
Danemark 24 contributions 35463 visites
Factual Background A private company complained to the Danish Competition Authority (DCA) about the municipality of Slangerup paying too low a price for the services provided by private companies in the field of home care. Summary of the Court’s findings The DCA stressed that under Section (...)

The EU Commission decides that the forfeiting financing for the construction of the waste-fuelled power station in Germany does not constitute State aid pursuant to Article 87(1) EC (MHKW Rothensee)
DG ENER (Brussels)
1 contribution 463 visits
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Agency for the Cooperation of Energy Regulators (ACER) (Ljubljana)
Slovenia 4 contributions 1697 visits
"Forfeiting financing and the construction of the waste-fuelled power station (Müllheizkraftwerk) MHKW Rothensee GmbH"* Overview On 22 March 2006, the Commission decided that the forfeiting financing for the construction of the waste-fuelled power station MHKW Rothensee does not constitute (...)

The European Commission requests phasing out of Spain’s export related tax incentives
Attela
Estonia 1 contribution 213 visits
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European Commission - Legal Service (Brussels)
Belgium 3 contributions 920 visits
"Commission requests phasing out of Spain’s export related tax incentives"* On 22 March 2006 the Commission proposed, pursuant to Article 88(1) of the Treaty, appropriate measures to Spain with a view to abolishing the tax incentives in favour of Spanish companies investing abroad. Spain was (...)

An Italian administrative court does not excludes, prima facie, that a law providing for the reduction of the airport charges in favour of air carriers could infringe Art. 87 EC on the ground that even general measures could be regarded as selective if they confer an advantage only to specific undertakings (Alitalia)
EUJUS Law Firm (Rome)
Italy 16 contributions 26762 visits
Factual background The Court assessed the applicant’s request for an interim injunction in relation to the annulment of several administrative provisions (Guidance Provision by the Ministry of Infrastructure and Transportation of December 30, 2005 and ENAC Notes 4071 and 4072 of January 20, (...)

An Austrian administrative court rejects the argument that unlawful State aid in the Austrian system of parafiscal agro-marketing charges can affect the collection of the charge (AMA marketing fees)
Max Planck Institute for Innovation and Competition (Munich)
Germany 5 contributions 12369 visits
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PETER THYRI Competition Counseling Research (Vienna)
Austria 5 contributions 12369 visits
Factual Background All judgments concern appeals against decisions of the administrative authority Agrarmarkt Austria (AMA) responsible for assessing and collecting parafiscal charges levied on the production of certain agricultural products under the provisions of the Bundesgesetz über die (...)

The Spanish National Audience confirms that a company may not be granted two types of European Union funding (Agro Conserveros Extremeños Vegas Bajas)
Hogan Lovells (Madrid)
Spain 42 contributions 88128 visits
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Allianz (Brussels)
23 contributions 38456 visits
Factual Background: An appeal by a company against the Ministry of Economy’s decision to refuse the grant of State aid on the grounds that it had already received aid with which it was incompatible. The Ministry of Economy declared that the European Guidelines on aid in the agricultural sector (...)

Procedures

 The French Competition Council further acknowledges the modalities governing the communication of documents from criminal Courts (Ile-de-France Public works)
Innovate Finance (London)
France 30 contributions 88637 visits
French Competition Council (Conseil de la concurrence), 21 March 2006, Decision n° 06-D-07, relating to practises implemented in the civil engineering sector in the Ile-de-France region (relative à des pratiques mises en œuvre dans le secteur des travaux publics dans la région Ile-de-France) I - (...)

The Paris Court of appeal set the boundaries of the power of the Competition Council to refer a case to a criminal Court (STAL / Ernée Viandes)
Innovate Finance (London)
France 30 contributions 88637 visits
Article L. 420-6, paragraph 1, of the Commercial Code creates the infraction applicable to individuals 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 implementation (...)

The Spanish commercial Courts on the verge of being granted full competence to hear damages (March 2006 Draft Law)
Callol, Coca & Asociados (Madrid)
Belgium 2 contributions 8474 visits
Introduction The long-awaited proposal for a new competition act in Spain was published on 10 March 2006. The Act is essentially a response to the changes that came into effect in May 2004 at EC level, following the adoption of Regulation (EC) n° 1/2003, of 16 December 2002, on the (...)

The Swiss Federal Tribunal renders a decision putting into question the arbitrator’s public policy dilemma with regard to competition law
Landolt & Koch (Geneva)
Switzerland 2 contributions 15069 visits
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Three Crowns (London)
United Kingdom 2 contributions 15069 visits
This article is an extract of a set of five contributions around the Swiss Federal Tribunal’s Decision of 8 March 2006 published in the review Concurrences N° 3-2006. Other articles by : Professor Laurence Idot, ECJ Advocate General Damaso Ruiz Jarabo Colomer, Professor François Knoepfler and (...)

The German NCA publishes a new Leniency Program
McDermott Will & Emery (Düsseldorf)
Germany 14 contributions 51275 visits
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Hogan Lovells (Dusseldorf)
1 contribution 4382 visits
Background On 15 March 2006 the Bundeskartellamt (Federal Cartel Office, “FCO”) published a new notice on the immunity from and reduction of fines in cartel cases (“Leniency Programme”), which replaces the previous notice from 2000 (“Leniency Notice 2000”). The possibility to grant immunity or (...)

The German Federal Cartel Office issues a revised notice on the immunity from and reduction of fines in cartel cases (Leniency Notice - “Bonusregelung”)
Helmut Schmidt University of the Armed Forces (Hamburg)
15 contributions 28861 visits
I. Overview The Federal Cartel Office (FCO) has issued a revised notice on the immunity from and reduction of fines in cartel cases. This notice has - effective from March 15, 2006 - replaced the preceding German leniency notice no. 68/2000 (cf.par. 25 of the new leniency notice). II. (...)

The Hellenic Competition Commission adopts a leniency programme
University College London
United Kingdom 20 contributions 77758 visits
Background Following the trend of a number of other National Competition Authorities in Europe (The Commission and other 17 Member states operate leniency programmes in the EU, see Authorities in EU Member States which operate a leniency programme) the Hellenic Competition Commission (HCC) (...)

Regulatory

 The French Competition Authority issues an opinion on the operating conditions of the fair trade sector in France
French Competition Authority (Paris)
France 513 contributions 156404 visits
Press Release published on the official website of the French Competition Authority. Fair trade: The Conseil de la Concurrence considers that fair trade does not necessarily contravene competition rules, but makes several recommendations in orders to organize product certification systems.* (...)

The French Competition Authority issues an opinion on the wholesale market for SMS call termination on mobile networks (ARCEP)
French Competition Authority (Paris)
France 513 contributions 156404 visits
Press Release published on the official website of the French Competition Authority. Wholesale market for SMS call termination on mobile networks: The Conseil de la concurrence is favourable to an intervention by the regulator to ensure greater competitive pressure on the retail prices paid by (...)

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