May 1998

Anticompetitive practices

The EU Court of Justice clarifies the criteria for determining the existence of a concerted practice (John Deere)
European Court of Justice (Luxembourg)
Case C-7/95 P John Deere Ltd v Commission of the European Communities* 1. It follows from Article 168a of the Treaty, Article 51 of the Statute of the Court of Justice and Article 112(1)(c) of the Rules of Procedure that an appeal must indicate precisely the contested elements of the (...)

The European Commission clears the packaging system implemented by an international professional association for fruits (IFCO)
European Commission - DG COMP (Brussels)
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"Commission clears the IFCO packaging system"* On 20 May 1998 the Commission declared the Articles 85(1) and 86 of the EC Treaty to be inapplicable to the German IFCO packaging system (International Fruit Container Organization). This system is a multi-transport way of packing fruit and (...)

The EU Court of First Instance holds that an undertaking not abiding by the outcome of anticompetitive meetings does not relieve it of full responsibility for its participation in the cartel unless it has publicly distanced itself from it (BPB de Eendracht)
European Court of Justice (Luxembourg)
Case T-311/94 BPB de Eendracht NV, formerly Kartonfabriek de Eendracht NV ν Commission of the European Communities* 1. The statement of objections, the purpose of which is to give the undertakings under investigation in application of the competition rules all the information necessary to (...)

The European Commission reaches an agreement with a private association whose goal is to harmonise technical standards for electrical equipment within the EC concluding that conformity assessment arrangements have to respect competition law (TÜV/CENELEC)
European Commission - DG COMP (Brussels)
"TÜV / CENELEC Conformity assessment and competition: a case in point"* Conformity Assessment, a procedure for checking that a product, system or service conforms to a standard or specification, is an important issue for European competitiveness. There are a growing number of harmonised (...)

Mergers

The Turkish Competition Authority clears a merger in the agricultural vehicles and equipment markets subject to mandatory appointment of companies as distributors (Trakmak / New Holland)
Esin (Istanbul)
The operation New Holland acquired a shareholding of Koc Group in Trakmak which represents 37.5% of the share capital of Trakmak as a result of which New Holland and Koc Group started to have joint control over Trakmak. The Turkish Competition Authority, upon its review, decided that (...)

The EU Commission prohibits mergers in the German pay-tv sector (Bertelsmann / Kirch / Premiere) (Deutsche Telekom / Betaresearch)
European Commission - DG TRADE (Brussels)
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European Commission - DG COMP (Brussels)
"Mergers : Recent Developments and Important Decisions"* Major Phase II decisions concerned two proposed concentrations in the German pay-tv sector. In a first step CLT-UFA, a joint venture between Bertelsmann AG and Audiofina SA, and Kirch, the leading supplier of cinema films and TV (...)

The EU Commission clears a merger between two leading audit and accounting companies addressing the issue of possible collective dominance (Price Waterhouse / Coopers & Lybrand)
European Commission - DG TRADE (Brussels)
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European Commission - DG COMP (Brussels)
"Mergers : Recent Developments and Important Decisions"* In Price Waterhouse/Coopers & Lybrand, cleared on 20 May, the Commission examined the possibility that the proposed merger would create collective – oligopolistic or duopolistic - dominance, as well as the more usual concern over (...)

The EU Commission clears an acquisition in the supply of steel and plastic strapping sectors (ITS / Signode / Titan)
European Commission - DG TRADE (Brussels)
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European Commission - DG COMP (Brussels)
"Mergers : Recent Developments and Important Decisions"* In ITS/Signode/Titan, cleared on 6 May, the Commission assessed competition in the supply of steel and plastic strapping in Western Europe following the completion of this joint venture. Whereas the initial examination of the case (...)

The European Commission approves the creation of a joint venture between producers of both steel and plastic strapping (Thyssen Krupp Stahl/ITW Signode/Titan)
European Commission - DG TRADE (Brussels)
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European Commission - DG COMP (Brussels)
"Mergers Recent important decisions" On 5 May 1998 the Commission approved an operation creating a joint venture between Thyssen Krupp Stahl and ITW Signode The joint venture will produce both steel and plastic strapping in Germany for sale in Western Europe and the rest of the world. The (...)

The EU Commission acknowledges the abandonment of a planned merger between two leading accountancy and audit companies (EY / KPMG)
European Commission - DG TRADE (Brussels)
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European Commission - DG COMP (Brussels)
"Mergers Recent important decisions" On 23 December 1997 the Commission was notified of the proposed merger between KPMG and Ernst & Young, two of the so-called ‘Big Six’ worldwide accountancy and audit firms. On 5 February 1998 the Commission announced its intention to carry out a (...)