November 2000

General antitrust

The EU Commission publishes a study on the future of motor vehicle distribution and servicing agreements
European Commission - DG RTD (Brussels)
"Commission publishes a study on the future of motor vehicle distribution"* Car Distribution at EC level is currently regulated by Block Exemption Regulation 1475/95, which expires on 30 September 2002. On 15 November 2000, the Commission adopted an evaluation report on the Block Exemption, as (...)

Anticompetitive practices

The EU Commission adopts new rules concerning horizontal cooperation agreements
European Commission - DG COMP (Brussels)
European Commission - DG COMP (Brussels)
"Horizontal Co-operation Agreements: New Rules in Force"* On 1 January 2001 new rules for the assessment of horizontal cooperation agreements entered into force. The adoption by the Commission of the new ‘block exemption’ Regulations for Specialisation and R&D agreements and of the (...)

The EU Commission adopts a report on the evaluation of reg. 1475/95 concerning the distribution of motor vehicles
European Commission - DG COMP (Brussels)
"Commission adopts a Report on the evaluation of Regulation (EC) No 1475/95 concerning the distribution of motor vehicles and publishes two further studies"* INTRODUCTION Motor vehicle distribution and servicing agreements are governed by the sector specific block exemption, Commission (...)

A Luxembourg Commercial Court rules that a de minimis exclusive distribution agreement is not prohibited under Article 85 EC (La Pastourelle / Rolling)
Grisay – Lawyers and consultants (Brussels)
1. Facts On 1 April 1982, "la Pastourelle" (hereafter "the plaintiff"), limited company under Belgian law, and "Maison Rolling" (hereafter "the defendant"), shop located in Luxembourg, concluded an exclusive sale agreement for a duration of 5 years. This agreement was extended for the same (...)

Unilateral Practices

The EU Court of Justice sets the conditions under which margin squeeze can be seen as an abuse of dominance under Article 102 of the TFUE (Industrie des Poudres Sphériques)
European Court of Justice (Luxembourg)
Case T-5/97 Industrie des Poudres Sphériques SA v Commission of the European Communities* 1. The imposition of a specific duty, as opposed to fixing the duty by reference to a threshold import price, makes it possible to minimise the risk of duties being evaded by manipulations of prices, (...)

The French Competition Authority opens an inquiry in the WAP technology sector (France Télécom Mobiles / SFR)
Autorité de la concurrence (Paris)
the Conseil de la concurrence opens an inquiry into practices by France Télécom Mobiles and SFR in the WAP technology sector* In a decision dated 7th November 2000, following a referral by the company, the Conseil de la concurrence decided to open an inquiry into practices by France (...)


The Czech Competition Authority clears a merger in the chemical products sector, subject to maintenance of current supplies (Agrobohemie / Aliachem)
Prague City Hall
The operation As a result of the merger, AGROBOHEMIE,a.s. ("Agrobohemie") acquired a direct control over ALIACHEM, a.s. ("Aliachem") by acquiring its 49,25% of shares as the remainder of shares in Aliachem was held by minority shareholders). (p. 1 and 2) Agrobohemie is controlled by AGROFERT (...)

The Lithuanian Competition Authority clears a merger in the breweries market in phase II subject to remedies, including divestiture and certain behavioural commitments (Carlsberg / Kalnapilis)
Amazon (Singapore)
The operation By a decision dated 9 November 2000, the Lithuanian Competition Council authorized in phase II the indirect acquisition by Carslberg A/S (« Carslberg ») of AB Kalnapilis (« Kalnapilis »), UAB Utenos alus (« Utenos alus ») and UAB Jungtinis alaus centras (« Jungtinis alaus centras »). (...)

State Aid

The French Administrative Supreme Court holds that a social tax exemption does not qualify as State aid (URSAFF de la Haute-Garonne)
SCP Avocats Evelyne Naba Et Associés (Paris)
Facts The Union de recouvrement des cotisations de sécurité sociale et d’allocations familiales (U.R.S.S.A.F., Union of recovery of social security contributions and family benefits) of the Haute-Garonne applied before the Conseil d’État for the annulment of decree n° 96-1123 of 30 December 1996. (...)


The EU Court of Justice rejects the appeal brought by producers of carton board in a cartel case (Cartonboard cartel)
European Court of Justice (Luxembourg)
THE COURT OF JUSTICE RULES ON THE 10 APPEALS BROUGHT BY UNDERTAKINGS AGAINST THE JUDGMENTS OF THE COURT OF FIRST INSTANCE IN THE "CARTONBOARD" CASES* On 13 July 1994 the Commission imposed fines totalling 131 750 000 ecus on 19 producers of cartonboard on the ground that they had infringed (...)

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