May 2008

General antitrust

 The European Commission adopts an evaluation report concerning the motor vehicle block exemption regulation
Van Bael & Bellis (Brussels)
Belgique 151 contributions 44785 visites
On 28 May 2008, the European Commission issued its Report on the operation of Regulation 1400/2002 concerning motor vehicle distribution and servicing (the “Report”). Given that Regulation 1400/2002 (the Motor Vehicle Block Exemption Regulation, referred to below as the “MVBER”) is set to expire (...)

Anticompetitive practices

 The Portuguese Competition Authority accepts commitments of a leading food company in relation to vertical restraints (Nestlé)
Ana Oliveira Bruno e Associados - Sociedade de Advogados (Lisbon)
Portugal 3 contributions 823 visits
1) The Administrative Proceedings – Autoridade da Concorrência (Portuguese Competition Authority) The investigation of the practice started by a complaint presented to PCA. After investigating and analyzing the contracts entered into between Nestlé and hotels, restaurants and cafeterias (known (...)

A Polish Court upholds a decision of the Competition Authority on resale price maintenance (Polifarb Cieszyn)
Van Bael & Bellis (Brussels)
Belgique 151 contributions 44785 visites
On 29 May 2008, a Polish court upheld a decision of the Polish Competition Authority finding that a supplier of paint and varnish (Polifarb Cieszyn-Wroclaw) and seven DIY supermarket chains (Leroy Merlin, Saint Gobain, Praktiker, Nomi, Obi, Bricomarche and Castorama) engaged in unlawful resale (...)

The Italian Competition Authority condemns a local association of pharmacies for price-fixing arrangements regarding the retail prices of over-the-counter pharmaceuticals (Federfarma Teramo)
Giannino SI (Monserrato)
Italy 140 contributions 120327 visits
The Italian Competition Authority (ICA) fined Federfarma Teramo, an association regrouping pharmacies located in the province of Teramo, Central Italy, for fixing the retail prices of a number of over-the-counter (OTC) pharmaceuticals via a circular detailing the maximum discounts applicable to (...)

The German Competition Authority imposes a fine on a pharmaceuticals distributor for having influenced in an anticompetitive way the resale prices for non-prescription pharmaceuticals (Bayer Vital)
Linklaters (Düsseldorf)
Germany 18 contributions 19088 visits
Description of the impugned case The case deals with an indirect RPM clause: Bayer Vital concluded target agreements with several pharmacies according to which Bayer promised an additional rebate to the pharmacies for the positioning of the Bayer products as premium products and the (...)

The EU Commission initiates proceedings against the French incumbent natural gas operator (Gaz de France)
Van Bael & Bellis (Brussels)
Belgium 189 contributions 56729 visits
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Practising Law Institute (New York)
United States 92 contributions 27855 visits
On 22 May 2008, the Commission initiated proceedings against Gaz de France for possible infringement of Articles 81 and 82 EC. According to the Commission’s statement, its investigation concerns the possible foreclosure of downstream supply markets for natural gas in France through long-term (...)

The French Competition Authority applies leniency for the third time and fines six manufacturers for price fixing in the plywood sector (Plywood cartel)
Hewlett Packard (Boulogne-Billancourt)
France 29 contributions 87620 visits
Summary of the Decision Further to a leniency application and an investigation involving dawn raids and seizures, the French Competition Council (the "Council") fined six manufacturers active in the exotic plywood sector (Etablissements Mathé, Etablissements Guy Joubert, Etablissement Allin, (...)

The Hungarian Competition Authority accepts commitments from brokers in a cartel investigation (Budapesti Értéktõzsde)
Van Bael & Bellis (Brussels)
Belgium 12 contributions 21431 visits
In two orders of 20 March and 21 May 2008, the Hungarian Competition Authority (the “GVH”) ended its investigation into an alleged price coordination by brokers at the Budapest Stock Exchange (the “BÉT”). The first order ended the investigation, due to the lack of evidence, into an alleged fixing (...)

The Hungarian Competition Authority accepts commitments to modify the membership fees of the Budapest Stock Exchange and terminates a cartel investigation against trading companies (Budapesti Értéktõzsde)
Baker McKenzie (Budapest)
Hungary 16 contributions 35571 visits
The background of the investigation The Competition Office initiated an investigation against the Budapest Stock Exchange ("BSE") and 11 trading companies, as it suspected an illegal horizontal coordination among the trading members of the BSE concerning (i) the amendment of BSE’s membership (...)

The Lisbon Commerce Court annuls the Competition Authority’s decision in the alleged ‘helicopter cartel’ case (Aeronorte / Helisul)
Morais Leitão, Galvão Teles, Soares da Silva (Porto)
Portugal 1 contribution 372 visits
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Morais Leitão, Galvão Teles, Soares da Silva (Porto)
Portugal 10 contributions 1822 visits
In May 2008 the Lisbon Commerce Court issued a ruling (case 48/08.7TYLSB) that quashed the Portuguese Competition Authority’s decision of 2007 (case PRC 20/05) that found out that two companies (Aeronorte and Helisul) had engaged in a bid-rigging cartel for the provision of helicopter services (...)

The Lisbon Court of Commerce annuls Competition Authority’s finding of a price fixing and market sharing cartel in the market for fire-fighting helicopters (Aeronorte / Helisul)
PLMJ (Lisbon)
Portugal 17 contributions 37893 visits
I. The facts and the administrative proceedings In October 2007, the Portuguese Competition Authority (the “PCA”) issued a decision finding a price-fixing and market-sharing cartel between Aeronorte and Helisul in their reply to the public tender for helicopters to fight forest fires, and (...)

The UK Competition Appeal Tribunal dismisses the appeal against Ofcom’s non-infringement decision regarding a long term contract on the supply of television access services (Channel 4 / BBC Broadcast)
Financial Conduct Authority (London)
United Kingdom 1 contribution 2369 visits
On 20 May 2008 the Competition Appeal Tribunal dismissed the appeal by Independent Media Support Group (IMS) against the Office of Communication’s (Ofcom) non-infringement decision regarding a long-term exclusive supply agreement between BBC Broadcast (BBCB) and Channel 4. This exclusive (...)

The Hungarian Competition Council terminates investigation into beer supply agreements following amendment of non-compete obligations (Borsodi, Dreher Sörgyárak, Heineken)
Van Bael & Bellis (Brussels)
Belgique 151 contributions 44785 visites
On 16 May 2008, the Hungarian Competition Council (the «Competition Council«) decided to accept the commitments offered by Borsodi Zrt. («Borsodi«), a large Hungarian brewer, and terminated its investigation into Borsodi‘s beer supply agreements. The Competition Council, first, found that the three (...)

The ECJ Advocate General Trstenjak recommends the dismissal of an appeal in a cartel affecting the market for sodium gluconate (Archer Daniels Midland)
Van Bael & Bellis (Brussels)
Belgique 367 contributions 78487 visites
On 15 May 2008, Advocate General Trstenjak recommended that the European Court of Justice (ECJ) reject an appeal by Archer Daniels Midland Co. (ADM) against a judgment of the Court of First Instance (CFI) confirming an October 2001 Commission decision fining ADM and others for their involvement (...)

The Italian Competition Authority closes the investigations for violations of Art. 81 and 82 EC in the equestrian sports market following commitments proposed by a sports federation (Federazione Italiana Sport Equestri)
Ashurst (Brussels)
Belgium 40 contributions 40916 visits
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Legance - Studio Legale Associato (Rome)
Italy 21 contributions 30331 visits
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Banca d’Italia (Italian Central Bank)
Italy 4 contributions 9635 visits

The Hungarian Competition Authority holds that a selective resale price fixing is not a hardcore restriction in relation to the distribution of energy drinks (Büki Ásványvíz- és Üditõital Kereskedelmi)
Morley Allen & Overy Iroda (Budapest)
Hungary 6 contributions 24057 visits
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Bilfinger Industrial Services (Budapest)
Hungary 3 contributions 9449 visits
Background In its decision of 14 May 2008 (GVH Decision), the Competition Council of the Hungarian Competition Office (GVH) terminated the proceedings against Büki Ásványvíz- és Üditõital Kereskedelmi Kft. (Büki Ásványvíz), with respect to certain restraints in vertical agreements concluded by the (...)

The Hungarian Competition Council terminates an investigation concerning vertical price fixing suggesting a more economic approach (Büki Ásványvíz- és Üdítõital Kereskedelmi)
Baker McKenzie (Budapest)
Hungary 16 contributions 35571 visits
The Hungarian Competition Council terminates an investigation concerning certain vertical restrictions - including vertical price fixing (RPM) clauses - contained in the soft drink supply agreements of Büki Ásványvíz- és Üdítõital Kereskedelmi Kft. ("Büki"). The background of the investigation The (...)

The Hungarian Competition Authority finds RPM agreement to be de minimis (Büki Ásványvíz)
Oppenheim (Budapest)
Hungary 37 contributions 98389 visits
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Oppenheim (Budapest)
Hungary 35 contributions 73807 visits
Description of the impugned case The non-alcoholic beverage distribution agreements in question contained straightforward RPM clauses. Nevertheless, the HCO took into account that these agreements represented only a small portion of the supplier’s distribution portfolio and of the relevant (...)

The Irish Court sentences an individual to a suspended prison sentence for price-fixing (Citroen dealer)
London School of Economics (London)
Belgium 37 contributions 155442 visits
Background This is one of the latest in a series of cases taken by the Director of Public Prosecutions (DPP) against members of the Citroën Dealers Association. In November 2003 the Irish Competition Authority (NCA) conducted dawn raids in the premises of 11 Ford dealerships. On foot of these (...)

The French Competition Authority rejects a complaint and a request for interim measures lodged by an association of telecommunications operators regarding an exclusive agreement for the distribution of TV programs (AFORST / France Telecom / France Televisions)
Juliette Goyer Avocat (Paris)
France 22 contributions 60737 visits
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DG COMP (Brussels)
Belgium 4 contributions 14913 visits
In a decision dated 7 May 2008, the French Competition Council dismissed both the referral and the request for interim measures lodged by the Association for network operators and telecommunication services (“AFORST”) against France Television and France Telecom regarding an exclusive (...)

The Paris Court of Appeals upholds the French Competition Authority’s decision on cement supply and distribution in Corsica but reduces fines (Lafarge Ciments / Vicat)
Hewlett Packard (Boulogne-Billancourt)
France 29 contributions 87620 visits
On 6 May 2008, the Paris Court of Appeals (the "Court of Appeals") upheld a decision of the Conseil de la concurrence (the "Competition Council") in case 07-D-08 on 12 March 2007 (Decision 07-D-08) relating to practices in cement supply and distribution in Corsica. In its decision, the (...)

The US FTC modifies a 2000 consent order and sets aside the prohibitions imposed on a manufacturer to set minimum resale prices in contracts with retailers (Nine West Group)
Crowell & Moring (Washington)
United States 1 contribution 135 visits
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Crowell & Moring (Washington)
United States 5 contributions 1478 visits
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Crowell & Moring (Washington)
United States 1 contribution 135 visits
Shoe seller Nine West Group Inc. has successfully petitioned the FTC to modify a 2000 consent order in which the company agreed not to undertake agreements with its retailers setting minimum resale prices. The case provides a significant guidepost for U.S. manufacturers who have been searching (...)

The EU Court of Justice finds Italian legislation on lawyers’ fees in conformity with EC competition rules (Hospital Consulting and Others)
Court of First Instance of Namur (Namur)
Belgique 224 contributions 40292 visites
In an order issued on 5 May 2008, the European Court of Justice (ECJ) ruled that the Italian legislation precluding national judges assessing the legal costs payable by an unsuccessful litigant from derogating from a fixed scale of legal fees, approved by a ministerial decree on the basis of a (...)

The German Federal Court of Justice overturns judgment of Higher Regional Court of Düsseldorf on calculation of unlawful cartel profits (Paper wholesaling cartel)
Van Bael & Bellis (Brussels)
Belgique 367 contributions 78487 visites
In a recently published judgment relating to an appeal from the Higher Regional Court of Düsseldorf in a case concerning a paper wholesaling cartel, the German Federal Court of Justice has ruled on the calculation of unlawful profits for the purposes of setting cartel fines under German law. (...)

The Lazio Administrative Tribunal annuls a decision of Italian NCA in concrete market (Xella / RDB)
Van Bael & Bellis (Brussels)
Belgique 367 contributions 78487 visites
In two recently published judgments of April and May 2008, the Lazio Administrative Tribunal (“LAT”) has partially annulled two decisions of the Italian Competition Authority (“ICA”) finding that certain companies had concluded anti-competitive arrangements relating to the local public transport (...)

The Brazilian Antitrust Tribunal fines medical gas companies more than USD 1.3 billion for conspiracy (SDE/MJ/AGA)
Madrona Advogados (São Paulo)
Brazil 9 contributions 3709 visits
SDE/MJ ex officio v. AGA S.A et al., better known as the medical and industrial gases Cartel - price fixing and market division conspiracy in the medical and industrial gas market. The investigation began in December 2003, and CADE’s decision was reached in May 2008. Some customers who suffered (...)

Unilateral Practices

 The Macedonian Administrative Court confirms the Competition Authority’s decision prosecuting the incumbent telecom operator for refusing access to its network by independent Internet providers (Macedonian Telecom)
University of Macau - Faculty of Law (Macau)
China 281 contributions 214804 visits
Summary The Macedonian Administrative Court affirmed the decision of the Macedonian Competition Authority prosecuting the incumbent telecom operator for abuse of dominant position manifested in denial of access to its own ADSL network by independent internet providers, while the same (...)

The Italian Competition Authority accepts commitments from the federation for the equestrian sport and closes proceedings for alleged infringement of Art. 81 and/or 82 EC without imposing fines (Federitalia / Federazione Italiana Sport Equestri)
Luiss Guido Carli University (Rome)
Italy 16 contributions 52266 visits
On 15 May 2008, the Italian Competition Authority (hereinafter, also the “Authority” or “AGCM”) closed investigations in the market concerning the organization of equestrian sports events, without imposing sanctions and accepting the committments presented. Investigation started against FISE (...)

The Polish Supreme Court confirms that a practice of the telecommunications incumbent aimed at creating onerous conditions for the exercise of consumers’ right restricts competition (Telekomunikacja Polska)
European University Institute (Florence)
Italy 5 contributions 6112 visits
The President of the Polish Office of Competition and Consumer Protection (UOKiK) on 31 December 2004 issued a decision wherein it declared that the practice of the Telekomunikacja Polska, the Polish telecommunications incumbent operator, constituted restriction of competition within the (...)

The French Competition Authority rejects a complaint and a request for interim measures lodged by an association of telecommunications operators regarding an exclusive agreement for the distribution of TV programs as catch-up TV (AFORST / France Telecom & France Televisions)
Juliette Goyer Avocat (Paris)
France 22 contributions 60737 visits
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DG COMP (Brussels)
Belgium 4 contributions 14913 visits
In a decision dated 7 May 2008, the French Competition Council dismissed both the referral and the request for interim measures lodged by the Association for network operators and telecommunication services (“AFORST”) against France Television and France Telecom regarding an exclusive (...)

The Italian Competition Authority accepts commitments presented by schoolbook publishing companies (Associazione Italiana Editori)
Van Bael & Bellis (Brussels)
Belgique 367 contributions 78487 visites
The Italian Competition Authority (“ICA”) has recently accepted and made binding commitments proposed by the Italian Publishers’ Association (Associazione Italiana Editori) and nine publishers of school textbooks in the context of an investigation concerning alleged restrictive practices. The ICA (...)

Mergers

 The US DoJ imposes the divestiture of US operations prior to approving a merger in the market for carbon bonded ceramics products (Cookson / Foseco)
Akin Gump Strauss Hauer & Feld (Dallas)
United States 18 contributions 3596 visits
The DOJ challenged the proposed merger of Cookson Group PLC and Foseco PLC, ultimately reaching a consent decree with the merging parties on March 4, 2008. The terms of the consent decree mandated that Foseco divest its U.S. operations for producing carbon bonded ceramics (“CBC") before (...)

The Italian Competition Authority fines for the second time €2.22 million a company for not having complied with remedies imposed in a previous merger proceeding (Parmalat / Eurolat)
Ashurst (Brussels)
Belgium 40 contributions 40916 visits
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Legance - Studio Legale Associato (Rome)
Italy 12 contributions 12258 visits
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Alcon (Milan)
Italy 11 contributions 8037 visits
Background By decision of 21 May 2008, the Italian Competition Authority (“ICA”) fined Parmalat S.p.A. (“Parmalat”, one of the major Italian players in the milk and dairy sector) for not having complied with the measures imposed by a previous merger decision. The peculiarity of this case is linked (...)

The UK Competition Commission publishes its proposed new merger remedy guidelines, which for the first time recognise the possibility that IP and behavioral remedies might be appropriate in certain circumstances
Van Bael & Bellis (Brussels)
Belgium 92 contributions 20035 visits
On 19 May 2008, the UK Competition Commission (the “CC”) published its proposed new merger remedy guidelines, which for the first time recognise the possibility that intellectual property (“IP”) and behavioural remedies might be appropriate in certain circumstances. The draft guidelines are (...)

The UK OFT publishes its full decision on the acquisition in the market of supply of DIY and home enhancement products through national DIY retail chains (Home Retail Group/Focus)
UK Competition Appeal Tribunal (London)
United Kingdom 7 contributions 793 visits
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Kirkland & Ellis (London)
United Kingdom 7 contributions 1151 visits
On 31 December 2007, Home Retail Group (HRG) acquired 27 leasehold properties from Focus DIY. On 12 May 2008 the OFT released its full decision on the acquisition, requiring a single store (in Woking) to be divested.* In its press release the OFT said: "This case raises important wider issues, (...)

The Danish Competition Authority blocks a merger based on risk of coordination (J.F. Lemvig-Müller Holding / A&O Johansen)
Van Bael & Bellis (Brussels)
Belgique 226 contributions 62035 visites
On 14 May 2008, the Danish Competition Council prohibited the acquisition by J.F. Lemvig-Müller Holding A/S of Brdr. A&O Johansen A/S. Both companies are active in Denmark on the wholesale markets for plumbing/heating materials and electricity materials sold to professional customers, i.e. (...)

The European Commission clears one transaction in the satellite navigations sector (TomTom/Tele Atlas)
Van Bael & Bellis (Brussels)
Belgique 226 contributions 62035 visites
On 14 May 2008, the European Commission unconditionally cleared the proposed acquisition by TomTom of Tele Atlas, following an in-depth investigation. TomTom is the European market leader in navigation software and satellite navigation devices (also known as SatNavs). Tele Atlas is one of only (...)

The European Commission continues in-depth proceedings in the satellite navigations sector (Nokia/Navteq)
Van Bael & Bellis (Brussels)
Belgique 226 contributions 62035 visites
On 14 May 2008, the Commission continued its phase II investigation in a separate case in the same sector: mobile handset manufacturer Nokia’s planned acquisition of Navteq. The Commission opened an in-depth investigation in this case on 28 March 2008 due to concerns about vertical foreclosure, (...)

The European Commission clears an acquisition in the market for navigable digital maps (TomTom/Tele Atlas)
JG Associates (Brussels)
205 contributions 60999 visits
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DG COMP (Brussels)
Belgium 169 contributions 51543 visits
"Mergers: main developments between 1 May and 31 August 2008"* In May the Commission approved the proposed acquisition of Tele Atlas by TomTom, both of the Netherlands. Tele Atlas is a provider of navigable digital maps and TomTom produces portable navigation devices (PNDs — often known as (...)

The German Competition Authority clarifies its approach to post-completion notifications of concentrations
Freshfields Bruckhaus Deringer (Berlin)
Germany 31 contributions 119940 visits
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Freshfields Bruckhaus Deringer (Berlin)
Germany 17 contributions 70489 visits
On 13 May 2008, the German Federal Cartel Office (FCO) issued a communication in which it clarified the way it intends to deal with post-closing filings of notifiable concentrations. The FCO clearly states that, in the future, it will not deal with such late notifications within its normal (...)

The Estonian Competition Authority issues its first merger prohibition taking into account both previous acquisitions and potential future acquisitions in the pharmacy services sector (Terve Pere Apteek / Saku Apteek)
Triniti (Tallinn)
Estonia 4 contributions 11798 visits
On 8 May 2008, the Director General of the Estonian Competition Authority (hereinafter the “ECA”) adopted a decision on the prohibition of the proposed acquisition of control over OÜ Saku Apteek (hereinafter “Saku Apteek”) by Terve Pere Apteek OÜ (hereinafter “TPA”). Since this is the first decision (...)

The Higher Regional Court of Düsseldorf annuls a Competition Authority’s decision prohibiting a merger in the healthcare sector (University Hospital of Greifswald / Regional Hospital of Wolgast)
Van Bael & Bellis (Brussels)
Belgique 17 contributions 1556 visites
On 7 May 2008, the Higher Regional Court of Düsseldorf quashed a decision of the German Federal Cartel Office prohibiting the merger between the university hospital of Greifswald and the regional hospital of Wolgast. The Düsseldorf Court applied the recent case law of the German Federal Court of (...)

The Italian Competition Authority conditionally clears a merger between banking groups with both structural and behavioural remedies (Banca Monte Dei Paschi Di Siena / Banca Antonveneta)
Clifford Chance
17 contributions 44410 visits
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Chiomenti (Rome)
Italy 19 contributions 50747 visits
The operation On 7 May 2008, the ICA cleared the merger by which Monte dei Paschi di Siena (MPS) will acquire the whole capital stake of Antonventa with the exception of three undertakings (Interbanca, Interbanca International and Bios Interbanca). The aim of the concentration is to create the (...)

The European Commission clears an acquisition in the shipbuilding construction sector (STX / Aker Yards)
JG Associates (Brussels)
205 contributions 60999 visits
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DG COMP (Brussels)
Belgium 169 contributions 51543 visits
"Mergers: main developments between 1 May and 31 August 2008"* In May the Commission approved the proposed acquisition of control of the Norwegian shipbuilder Aker Yards by STX of South Korea. After an in-depth investigation, launched in December 2007 the Commission concluded that effective (...)

The UK Office of Fair Trading accepts fix-it-first remedy in private hospitals merger (General Healthcare Group / Nuffield Hospitals)
Herbert Smith Freehills (Brussels)
Belgique 70 contributions 46880 visites
On 1 May 2008 the OFT cleared the completed acquisition by General Healthcare Group (GHG) of seven hospitals from Nuffield Hospitals, following the on-sale of two of the nine hospitals GHG had originally acquired. The on-sale arrangements removed the problematic overlap in two of the local (...)

The UK Office of Fair Trading clears a merger in the market of acute care hospitals subject to ’fix-it-first’ remedies leading to selling two out of the nine hospitals (General Healthcare Group/Nuffield Hospitals)
NERA (London)
United Kingdom 4 contributions 8148 visits
The operation General Healthcare Group (GHG) is a provider of independent healthcare services in the UK. GHG operates two principal businesses: BMI Healthcare Limited (BMI), which operates 48 acute care private hospitals, and Netcare Healthcare (UK) Limited, which provides specialised clinical (...)

The German Federal Cartel Office clears a transaction based on efficiencies (Kabel Deutschland/Orion Cable)
Van Bael & Bellis (Brussels)
Belgique 226 contributions 62035 visites
In a recently published decision, the German Federal Cartel Office (FCO) unconditionally cleared the acquisition by Kabel Deutschland GmbH of part of Orion Cable GmbH, holding that the efficiencies generated by the acquisition would outweigh the negative effects resulting from the strengthening (...)

State Aid

 The Danish Competition Authority finds that a municipality had not paid a settlement price to the private caterer which was lower than the costs of the competing municipal service provider (Vordingborg Kommunes)
Honoré & Fallesen (Copenhagen)
Denmark 24 contributions 35928 visits
Factual Background A private caterer complained to the Danish Competition Authority (DCA) about the municipality of Vordingborg paying too low a price for its services in 2005 and 2006. The complainant also argued that the municipality’s cost calculation methods were not transparent. Summary (...)

The EU Commission publishes the spring update of its State aid scoreboard
Van Bael & Bellis (Brussels)
Belgium 134 contributions 24419 visits
On 21 May 2008, the Commission published the spring update of its State aid Scoreboard (hereinafter the ‘Scoreboard’). The Scoreboard shows, in particular, that Member States’ use of State aid for environmental purposes is increasing. Although the number of environmental measures has remained (...)

The German Higher Regional Court of Schleswig-Holstein quashes a lower regional court’s decision and rejects an air carrier claims on the grounds of inadmissibility and on the merits (Ryanair 2)
European Commission (Brussels)
Belgium 28 contributions 44016 visits
Factual background The Higher Regional Court had to deal with the appeal against the “Ryanair 1” decision of the Kiel Regional Court of 27 July 2006 (see Kiel District Court of 27 July 2006, Landgericht Kiel 1 (Kammer für Handelssachen), 14 O Kart. 176/04, “Ryanair 1”). In its appeal the defendant (...)

The Italian Supreme Court annuls a decision of the regional tax Commission which granted tax benefits constituting unlawful State aid and orders its recovery (Amato Law on public banking system)
Eujus (Rome)
Italy 16 contributions 27108 visits
Factual background Law No. 218/90 (the so called “Amato Law”) provided for tax benefits in relation to restructuring operations in the public banking system. The defendant claimed that Law No. 218/90 applied to the specific circumstances in which its company was active and subsequently claimed a (...)

The German Administrative Court of Appeal for Baden-Württemberg rules that a tax payer who refuses to pay cannot base its claim upon an alleged infringement of EC State aid rules (Rundfunkgebühr 1)
Delegation of the European Union to the United States (Washington D.C.)
United States 10 contributions 15745 visits
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European Commission (Brussels)
Belgium 28 contributions 44016 visits
Brief description of the facts and legal issues The Baden-Württemberg administrative court of appeal holds that a tax payer, refusing to pay a radio tax, cannot base its claim upon an alleged infringement of EC State aid rules by the German radio financing system. This broadcasting tax is part (...)

The French State Council finds that a parafiscal tax imposed in the sector of pork meat production should not have been notified as a State aid (Coopérative Cooperl Hunaudaye / Federation Syndigel)
Sheppard, Mullin, Richter & Hampton (Brussels)
Belgium 349 contributions 645657 visits
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European Court of Justice (Luxembourg)
Luxembourg 64 contributions 113782 visits
Factual Background The appellant is a group of pork producers also active in the field of slaughtering, cutting and pork meat processing. The undertaking, supported by Syndigel, which is a syndicate of wholesalers, seeks the annulment of an administrative decision of the Ministers of economy (...)

The Spanish Superior Court of Catalonia confirms an aid scheme applicable to an employment project (Department de Treball I Industria)
Hogan Lovells (Madrid)
Spain 46 contributions 90509 visits
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Allianz (Brussels)
Belgium 23 contributions 39241 visits
Factual Background: Appeal by the Association Taula D’Entitats del Tercer Sector Social de Catalunya (the "Association") against Regional Decree 81/2005 of Catalonia ("Decree 81/2005") on State aids for the creation of employment in new economic sectors. Decree 81/2005 excluded non-profit (...)

Procedures

 The Higher Regional Court of Dusseldorf declares a claim admissible for damages against cartel member (CDC / Cartel Damage Claims)
White & Case (Hamburg)
Germany 10 contributions 35833 visits
In its decision dated May 14, 2008, the Higher Regional Court of Düsseldorf held that an action for damages against members of a former cartel brought by a company, the business model of which is to acquire, bundle and bring claims of the cartel members’ customers, is admissible. This specific (...)

The Czech Competition Authority circulates a draft amendment to the act on the protection of competition aimed at a harmonisation with substantive EC competition law, inclusion of specific procedural rules and launch of private enforcement
Wolf Theiss (Prague)
Czech Republic 33 contributions 108765 visits
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Czech Ministry of Justice (Prague)
Czech Republic 30 contributions 79919 visits
In May 2008, the Czech Office for the Protection of Competition circulated a draft amendment to the Czech Act on the Protection of Competition, requesting for comments by the different authorities involved and the interested public prior to the introduction of the bill in the Parliament. The (...)

Regulatory

 The UK CAT holds that in determining disputes the telecommunications regulator failed to address the real content of the disputes and assesses what the role of a regulator should be (T-Mobile, British Telecommunications, Hutchison 3G, Cable & Wireless UK & ORS, Vodafone)
University of Aix-Marseille
France 8 contributions 22409 visits
The background of this case This case is an appeal from a determination made by OFCOM under its dispute resolution powers . It is only a judgment on the core issues and not on the entire case. Here the CAT will only deal with important questions of law. This case deals with two types of (...)

The EU Parliament reports on sector inquiry on retail banking
Court of First Instance of Namur (Namur)
Belgique 224 contributions 40292 visites
On 15 May 2008, the European Parliament’s Committee on Economic and Monetary Affairs published an explanatory report on the European Commission’s sector inquiry on retail banking and voted in favour of a Parliamentary Resolution. The Committee welcomes the Commission’s focus on the efficiency and (...)

The Russian Parliament issues a federal law on foreign investments in companies having strategic importance for state security and defence (Federal Law n° 57-FZ)
Donner & Partner (Waiblingen)
Germany 1 contribution 1995 visits
The new Federal Law of the Russian Federation on Foreign Investments in Companies Having Strategic Importance for State Security and Defence, n° 57 - FZ (new law), signed by then - president Vladimir Putin on April 29, is effective from 7 May 2008 in Russia. In brief, the law will require (...)

The French Competition Authority issues an opinion relative to the economic organisation of the sector of fruit and vegetable processing industry (Ministre de l’agriculture et de la pêche)
French Competition Authority (Paris)
France 607 contributions 241366 visits
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence encourages fruit and vegetable producers to organise themselves in order to strengthen their market power against distributors and reduce the offer’s uncertain nature, on condition (...)

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