October 1998

General antitrust

The OECD holds a roundtable on buying power of multiproduct retailers
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 delegate submissions, the following key points emerge: (1) The last twenty (...)

Anticompetitive practices

The EU Commission fines a cartel of British sugar producers and merchants (Tate & Lyte / Napier Brown / James Budgett)
European Commission (Brussels)
RBB Economics (The Hague)
"The Commission fines a cartel of British sugar producers and merchants"* On 14 October 1998, the Commission adopted a Decision by which fines have been imposed on the sugar producers British Sugar and Tate & Lyle, as well as the sugar merchants Napier Brown and James Budgett for violation (...)

The Brussels Court of Appeals rules that resale price maintenance is an anti-competitive restriction by object, which always has an appreciable effect on competition (Laroy-Duvo / Belgian State)
Johnson & Johnson (Brussels)
Description of the impugned case Laroy-Duvo imports petfoods from the USA and distributes these products in Belgium. It imposed fixed retail prices on its distributors. Its distributors were repeatedly and explicitly warned that if the retail prices are not respected, they will no longer be (...)


The Turkish Competition Authority clears with remedies the transfer of operation rights of several electricity distribution facilities from the state-owned electricity incumbent (TEDAS)
Esin (Istanbul)
The operation At the time of the decision, TEDAS was a state-owned entity which was responsible for the distribution of electricity. Each of the electricity distribution facilities owned by TEDAS was operating in their exclusive territory. The operation was the transfer of operation rights of (...)

State Aid

The French Administrative Supreme Court rules that indemnities for the services performed by undertakings in collecting and/or disposing of waste oils do not constitute State aid (Union des industries chimiques)
University of Aix-Marseille
The claimants requested the annulment of a decree creating a special tax levied on the production or importation of basic oils in France which aims was to support the collection, treatment and elimination of wasted oils. Part of this tax was allocated to undertakings collecting and disposing of (...)

The French Council of State rejects a plea alleging presence of State aid elements in a decree creating a special tax on basic oils (Union des industries chimiques)
Sheppard, Mullin, Richter & Hampton (Brussels)
European Court of Justice (Luxembourg)
Brief description of the facts and legal issues The claimant requested that the Conseil d’Etat annul a decree ("décret") relating to the creation of a special tax on basic oils in favour of the Agency for the Environment and the Management of Energy ("Agence de l’environnement et de la maîtrise (...)


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