September 1999

Anticompetitive practices

The EU Commission exempts under art. 85(3) of the EC Treaty the creation of a joint venture in the digital interactive television services (British Interactive Broadcasting)
Gibson Dunn (Brussels)
"The British Interactive Broadcasting Decision and the application of competition rules to the new digital interactive television services"* I. Introduction The Commission exempted on 15 September 1999 pursuant to Article 81 (3) of the EC Treaty the creation of a joint venture company, (...)

The EU Commission renews the exemption granted to a film distribution company (United International Pictures)
European Commission - DG COMP (Brussels)
"Commission renews the exemption of United International Pictures BV"* Introduction On 9 September 1999, the Commission renewed, by means of an administrative ‘comfort’ letter, the exemption from 1989 under Article 81(3) of the EC Treaty of the agreements establishing United International (...)

Unilateral Practices

The EU Court of Justice holds that a pension fund is considered an undertaking as it is carrying an economic activity (Albany)
European Court of Justice (Luxembourg)
Case C-67/96 Albany International BV v Stichting Bedrijfspensioenfonds Textielindustrie* 1. The need to provide an interpretation of Community law which will be of use to the national court makes it necessary that the national court define the factual and legal context of the questions it is (...)

Mergers

The French Minister of Economics clears a merger in the advertising sector with remedies including a bundling prohibition and output restriction (Decaux / Avenir)
French Competition Authority (Paris)
The operation By the present transaction, Decaux will acquire the sole control of Avenir. Both parties are active on the outdoor advertising market. The market(s) The markets are the supply of advertising posters at national and local level. Remedy 1: Bundling prohibition At the national (...)

The French Minister of Economics clears in phase II the creation of a joint venture in the sector of production and sale of de-icing salt subject to divestiture, obligation of supply and withdrawing the use of a trademark (CSME / MDPA / SCPA / ROCK )
French Competition Authority (Paris)
The operation Following the Commission’s decision of full referral, the French Minister of Economy authorised the creation of a joint venture between two companies active in the sale of de-icing salt subject to voluntary remedies. The markets concerned by remedies The market concerned by (...)

State Aid

The French Supreme Administrative Court considers that a decree reducing the postal aid to the press is only a minor modification to an existing State aid scheme and not an aid (Syndicat de la presse périodique culturelle et scientifique...)
SCP Avocats Evelyne Naba Et Associés (Paris)
This case deals with the specific postal tarif granted to the press in France. A reshuffling of the framework of the relations between the Post and the press took place in 1995 which lead to an increase of 50 % of the the postal tariffs. An agreement was concluded on 4 July 1996, and the (...)

Procedures

The EU Court of Justice declares that workers are considered as forming an economic unit with the undertaking employing them, but are not considered as undertakings under competition law (Jean Claude Βecu)
European Court of Justice (Luxembourg)
Case C-22/98 Criminal proceedings against Jean Claude Βecu and Others (Reference for a preliminary ruling from the Hof van Beroep te Gent)* Article 90(1) of the Treaty (now Article 86(1) EC), read in conjunction with the first paragraph of Article 6 of the Treaty (now, after amendment, (...)

The EU Court of Justice clarifies the context of an action for failure to act (UPS)
European Court of Justice (Luxembourg)
The EU Court of Justice Case T-127/98 UPS Europe SA ν Commission of the European Communities* 1. In the context of an action for failure to act, it is necessary to verify whether, when the Commission was served with a formal request under Article 175 of the Treaty (now Article 232 EC), it (...)

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