October 1997

Anticompetitive practices

The EU Court of First Instance upholds the Commission’s decision imposing fines on a trade association operating a price-fixing system whereby its members were obliged to charge recommended rates for the hiring of mobile cranes (SCK / FNK)
European Court of Justice (Luxembourg)
Joined Cases T-213/95 and T-18/96 Stichting Certificatie Kraanverhuurbedrijf (SCK) and Federatie van Nederlandse Kraanverhuurbedrijven (FNK) v Commission of the European Communities* 1. The Community’s liability under the second paragraph of Article 215 of the EC Treaty is dependent on the (...)

The EU Commission condemns the Italian port policy concerning two discriminatory practices
European Commission - DG COMP (Brussels)
Commission condemns Italian port policy* On 21 October the Commission, on Mr Van Miert’s initiative, adopted two decisions declaring illegal (i) the monopoly on the supply of temporary workers - condemned by the European Court of Justice in 1991 - which is still enjoyed by Italian dockers’ (...)

The Brazilian Federal Supreme Court declines jurisdiction over a cartel damages class action in the market for the distribution of liquefied petroleum gas, based on state action doctrine (Agipliquigás / Supergasbrás / Gás Butano / Minasgás / Ultragás / Pampagás)
Cescon, Barrieu, Flesch & Barreto (Sao Paulo)
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Cescon, Barrieu, Flesch & Barreto (Sao Paulo)
Brief summary of facts Class action filed by the Federal Public Prosecutor arguing that Defendants engaged in a cartel in the market for the distribution of liquefied petroleum gas (LPG) in the state of Rio Grande do Sul. Brief summary of judgment The lower court granted the claim and (...)

Unilateral Practices

The EU Court of First Instance upholds the Commission’s decision finding that national rail undertakings abused their dominant position by fixing prices and tariffs for the carriage by rail of maritime containers (Deutsche Bahn)
European Court of Justice (Luxembourg)
Case T-229/94 Deutsche Bahn AG v Commission of the European Communities* 1. An agreement between the national rail undertakings of three Member States the purpose of which is to set up a common administration for the fixing of prices and tariffs for the carriage by rail of maritime (...)

Mergers

The EU Commission approves, under conditions, the creation of two telecommunications alliances (Unisource / Uniworld)
European Commission - DG COMP (Brussels)
Commission approves, under conditions, the creation of two telecommunications alliances, Unisource and Uniworld* The European Commission has approved, the creation of the two telecommunications alliances Unisource and Uniworld. Unisource is composed of Telia of Sweden, PTT Telecom of the (...)

The US District Court for the Eastern District of New York accepts a merger of the two largest hospitals (Long Island Jewish Medical Center / Norton Shore Health)
Senator Mitch McConnell (Washington)
The FTC brought antitrust action under Section 7 of the Clayton Act to prevent merger of two not-for-profit hospitals in Long Island, New York. The New York healthcare industry has experience significant changes prior to the proposed merger of the two hospitals. Further complicating the (...)

Procedures

The OECD holds a roundtable on competition policy and intellectual property rights
OECD - Competition Division (Paris)
Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat Considering the discussion at the roundtable, the background paper, and papers by panellists and delegates, the following key points emerge: (1) (...)

Regulatory

The OECD holds a roundtable on railways: structure, regulation and competition policy
OECD - Competition Division (Paris)
Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note The 1997 examination of the railway sectors of OECD countries raised classic issues of regulation and competition, including definition of the market, scope of the natural monopoly, (...)