November 1995

General antitrust

The EU Court of Justice states that French regional insurance is considered to carrying on economic activity in competition by managing life insurance companies (FFSA)
European Court of Justice (Luxembourg)
Case C-244/94 Fédération Française des Sociétés d’Assurance and Others ν Ministère de l’Agriculture et de la Pêche* A non-profit-making organization which manages an old-age insurance scheme intended to supplement a basic compulsory scheme, established by law as an optional scheme and (...)

The EU Court of Justice clarifies the limits of national rules based on the directive on competition in the markets in telecommunications terminal equipment (Thierry Tranchant)
European Court of Justice (Luxembourg)
Case C-91/94 Criminal proceedings against Thierry Tranchant and Téléphone Store SARL, party liable in civil law* Article 6 of Directive 88/301 on competition on the markets in telecommunications terminal equipment must be interpreted as precluding the application of national rules which (...)

The OECD holds a roundtable on competition policy and film distribution
OECD - Competition Division (Paris)
Key documents: Background note Competition in film distribution, which has long been a concern, is now affected by the development of alternative methods of film distribution through television and video. Competition analysis of film distribution must examine: i) the relevant market (...)

Anticompetitive practices

The European Commission fines Dutch companies for imposing a certification system in the crane-hire market (FNK, SCK)
European Commission - DG COMP (Brussels)
"Certification : The Dutch Crane-Hire Case"* In its decision of 29 November 1995, the Commission imposed fines (The immunity from fines resulting from the notifications by FNK and SCK in early 1992 was withdrawn under Articles 15 (6) by Commission Decision 94/272/EC of 13 April 1994, OJ L (...)

The EU Court of First Instance upholds the Commission’s decision prohibiting a horizontal agreement to fix prices in the maritime transport sector (Atlantic Container)
European Court of Justice (Luxembourg)
Case T-395/94 R II Atlantic Container Line AB and Others v Commission of the European Communities* By virtue of Article 104(1) of the Rules of Procedure of the Court of First Instance, an application under Article 185 of the Treaty to suspend the operation of a measure adopted by an (...)


The EU Commission approves, subject to conditions, a concentration creating the world’s largest packaging company (Crown Cork and Seal / Carnaud MetalBox)
DG REGIO (Brussels)
"Mergers Summary of the most important recent developments"* The Commission authorised the proposed acquisition of Carnaud Metalbox S.A. by Crown Cork & Seal, Inc., subject to the fulfilment of divestiture commitments made by Crown in order to meet the competition concerns identified by (...)

The US Court of Appeals for the Eighth Circuit affirms a district court decision in concluding that the FTC’s proposed market definition for a hospital merger was an unreasonable approach (Freeman / Oak Hill)
Senator Mitch McConnell (Washington)
The FTC brought suit seeking a preliminary injunction to prevent the merger of two hospitals in Joplin, Missouri, contending the transaction would have anticompetitive effects in violation of Section 7 of the Clayton Act. The City of Joplin, Missouri, a community of approximately 40,000 (...)

State Aid

The EU Court of Justice confirms the requirements for national courts to grant interim relief against Commission decisions (Atlanta Fruchthandelsgesellschaft)
Hausfeld (London)
On 9 November 1995, the Court of Justice gave its ruling on a reference from the Verwaltungsgericht Frankfurt am Main (Administrative Court of Frankfurt) on questions relating to the ability of national courts to grant interim relief in a form that effectively disapplied an act of the EU (...)


The European Commission adopts a notice on cooperation between the Commission and national courts in the field of State aid
European Commission - DG COMP (Brussels)
European Commission - DG COMP (Brussels)
"Notice on cooperation between the Commission and national courts"* It follows from Article 93(3) of the EC Treaty that Member States are under an obligation to notify all aid measures within the meaning of Article 92(1) to the Commission and may not put the aid measure into effect before (...)


The OECD holds a roundtable on the reform of international satellite organisations
OECD - Competition Division (Paris)
Key documents: Background note Since the creation of international satellite organisations (ISOs), technology and institutions have changed. Fibre optic cable has greatly increased connectivity. Satellites and ground stations have become more efficient. Private satellite systems have (...)

The OECD holds a roundtable on competition in telecommunications
OECD - Competition Division (Paris)
Key documents: Background note In 1996, at the time of the roundtable, an unprecedented wave of deregulation and liberalisation had started in the telecommunications sector. Participants discussed institutional aspects of antitrust and regulation in the sector. One issue was whether (...)