November 2005

Facts In 1997, the Danish Pharmaceutical Association (“DPA”) entered into a so-called “Insolvency Agreement” with the three wholesalers of medicinal products (“the wholesalers”) active in Denmark. The agreement sought to help insolvent pharmacies - those incurring debts superior to 1 million (...)

Competition : Commission fines 16 firms €290 million for industrial bags cartel* The European Commission has fined 16 firms €290.71 million for operating a cartel in the plastic industrial bags market, in clear violation of EC Treaty rules which forbid cartels and other restrictive (...)

The Economics Department of the Catholic University of Portugal carried out a Report for the Portuguese Autoridade da Concorrência (hereinafter, “the NCA”) concerning the liberalisation of the resale of pharmaceuticals at retail level. The Report sought to: Identify barriers to entry arising (...)

Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence imposes penalties on the Bristol, the Crillon, the George V, the Meurice, the Plazza Athénée and the Ritz, for exchanging confidential commercial information.* In the light (...)

This case began in 1998 when a wholesaler, Distri-One, complained to the Competition Office of the Federal Public Service Economy (hereinafter the “Competition Office”) about the distribution practices of Coca-Cola Enterprises Belgium (hereinafter CCEB) on the basis of article 3 of the Belgian (...)

I. Relevant facts In its Airport Bratislavadecision, the Slovak Antimonopoly Office stated that Letisko M.R.Štefánika - Airport Bratislava (Airport BA) abused its dominant position according to Article 8 (2) of the Competition Act, because it did not provide access to an airport apron at the (...)

Ritzau Bureau I/S (hereafter “Ritzau” ) is an agency that provides extensive Danish-language news coverage - both national and international - all around the clock. The value of these services to media operators (i. e. newspaper, radio and television) is twofold. First, it provides them with (...)

In a decision rendered on 25 November, 2005, the Czech Office for the Protection of Competition concluded that CAS-SERVICE a.s. (“CAS”), the operator of the bus station in the Southern Moravian city of Znojmo, had not abused of its dominant position on the market of services offered to bus (...)

The operation ENERNOVA - NOVAS ENERGIAS, S.A. (Enernova) is a company fully owned by EDP - Energias de Portugal, S.A., which operates electrical power production from wind energy. BOLORES - ENERGIA EÓLICA, S.A. (Bolores) is a company which operates wind farms (in particular Bolores e (...)

The operation The operation consists in the acquisition of sole control over four companies operating the insurance business (which are currently owned by SEGUROS E PENSÕES GERE, holding of BANCO COMERCIAL PORTUGUÊS GROUP for the insurance sector) by Caixa Seguros SGPS, S.A. (Caixa Seguros) (...)

The operation By a letter dated 30 November 2005, the French Minister of Economy, Finance, and Employment grants in phase I a conditional clearance of the acquisition of all of shares of the French company Facom by the American company The Stanley Works (“Stanley”). Stanley and Facom are (...)

The present concentration was the first decision from the Competition Authority (“AdC”) prohibiting a merger in Portugal. It was notified to the AdC on 22 November 2004 and consisted of the acquisition of joint control by Barraqueiro SGPS, S.A. (“Barraqueiro”) and Arriva Investimentos SGPS, (...)

Brief description of the facts and legal issues The Thuringia Higher Regional Court judges that when dealing with the recovery of unlawful State aid, the provisions of the German laws on maintenance of capital and insolvency should be considered, so long as this does not contravene the (...)

Factual Background In the present case the Danish Competition Authority (DCA) examined the prices paid by the municipality of Morsø to private companies in the field of home care. Summary of the Court’s findings The DCA stressed that under Section 11a of the Danish Competition Act the (...)

"Commission rules subsidy for digital terrestrial television (DVB-T) in Berlin-Brandenburg illegal"* I. Introduction On 9 November 2005, the Commission took a final decision regarding subsidies for the introduction of digital terrestrial television (DVB-T) in the German Landerof Berlin and (...)

Background The Member States of the European Union are required to recover unlawful (i.e. non notified) State aid following a negative decision by the European Commission (“Commission”), declaring an aid incompatible with the common market. Under German law, the Verwaltungsakt (...)