September 2006

General antitrust

The French Competition Authority issues an opinion on class actions in the field of competition
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence in favour of class action, under certain conditions, for consumers victim of anticompetitive practices.* Following the publication in December 2005 of the report relative to (...)

Anticompetitive practices

The ECN publishes its work on the model leniency programme setting out the basis for soft harmonisation of all EU leniency programmes
DG COMP (Brussels)
DG COMP (Brussels)
"ECN Model Leniency Programme - a first step towards a harmonised leniency policy in the EU"* I. Introduction The co-existence of several leniency programmes within the EU and the practical implications of the ECN work-sharing mechanisms for the handling of leniency cases has been debated (...)

The EU Commission adopts a block exemption regulation concerning consultations on passenger tariffs on scheduled air services and slot allocation at airports
European Commission - DG TRADE (Brussels)
"Commission brings air transport in line with other industries by phasing out the block exemptions that have existed in this sector since 1988"* On 28 September 2006, the Commission adopted Regulation (EC) No 1459/2006 on the application of Article 81(3) of the Treaty to certain categories of (...)

The Italian Competition Authority opens proceedings against pharma-companies in the wholesale distribution market of drugs (“Distribuzione di farmaci senza obbligo di ricetta alle parafarmacie”)
Luiss Guido Carli University (Rome)
On 27 September 2006 the “Autorità Garante della Concorrenza e del Mercato” (hereinafter “AGCM”) opened proceedings against different companies in the wholesale distribution market of drugs, for alleged breach of Article 2 of Law n° 287/90, the national provision similar to Article 81 EC. On one (...)

The Paris Court of Appeal confirms the NCA’s decision sanctioning hotels for operating an illegal cartel by exchanging confidential commercial information (Parisian palaces)
Freshfields Bruckhaus Deringer (Paris)
Coty (Paris)
In a decision dated 26 September 2006, the Paris Court of Appeal (the Court) confirmed in all respects the Competition Council’s decision of 25 November 2005, imposing heavy fines totalling nearly €710,000 on six Parisian palace hotels, for exchanging confidential commercial information about (...)

The EU Council adopts the Commission’s proposal to repeal regulation block exemption concerning maritime transport for liner conferences
DG COMP (Brussels)
DG COMP (Brussels)
"Milestones in maritime transport: EU ends exemptions"* On 25 September 2006, the Competitiveness Council unanimously adopted the Commission’s proposal to repeal the block exemption for liner conferences on routes to and from the EU. This is a historic date since the EU is the first (...)

The European Commission fines copper fittings producers € 314.7 M for price fixing cartel (Frabo, Mueller)
Delegation of the European Union to the United States (Washington D.C.)
DG COMP (Brussels)
"Commission fines copper fittings producers € 314.7 million for price fixing cartel"* On 20 September 2006, the European Commission fined 30 copper fittings producers a total of € 314.7 million for participating in a cartel. The 11 groups to which these 30 companies belong are Aalberts, IMI, (...)

The Hungarian Competition Authority fines a cartel in a public bid for IT services market (Synergon-SAP Hungary)
Hogan Lovells (Budapest)
DIGI (Budapest)
Competition Council of the Hungarian Competition Authority (Gazdasági Versenyhivatal, “GVH”), 20 September 2006, Case n° Vj-20/2005, SAP Hungary and Synergon Informatikai Rendszereket Tervezo és Kivitelezo Competition Council of the Hungarian Competition Authority (Gazdasági Versenyhivatal, “GVH”), (...)

The Spanish Supreme Court confirms a judgment annulling a fine imposed by the Competition Authority upon the professional lawyers’ association for adopting an advertising regulation contrary to Spanish competition rules (CGAE)
Womenat (Brussels)
On 20 September 2006, the Spanish Supreme Court confirmed a judgment annulling a €180,360 fine imposed by the Spanish Competition Authority (Tribunal de Defensa de la Competencia, TDC)upon the professional lawyers’ association (Consejo General de la Abogacía Española, CGAE). The TDC had ruled that (...)

The Dusseldorf Higher Regional Court holds that the term “free servicing” in Art. 4.1.k of EC Reg. 1400/2002 includes extended services provided that the supplier does not charge the buyer an additional fee (5-Sterne-Premium-Paket)
Gleiss Lutz (Munich)
Milbank, Tweed, Hadley & McCloy (Munich)
On 20 September 2006, the German Higher Regional Court of Düsseldorf issued a decision on the interpretation of Regulation n° 1400/2002 concerning the contractual obligation of authorised repairers exclusively to use original spare parts instead of spare parts of matching quality. Facts The (...)

The Polish NCA imposes record fines for price fixing agreement between supermarkets and a paints and varnishes producer (Polifarb Cieszyn-Wroclaw)
Gide Loyrette Nouel (Warsaw)
Sdzlegal Schindhelm (Wroclaw)
Office for Competition and Consumer Protection (Urzedu Ochrony Konkurencji i Konsumentów), 18 September 2006, n° DOK 107/06, concerning anticompetitive agreement concluded between Polifarb Cieszyn-Wroclaw and seven building materials supermarkets On 18 September 2006, the President of the Office (...)

The Polish NCA imposes record fines for resale price maintenance after a detailed assessment of the trade between member States criterion (Polifarb Cieszyn-Wroclaw)
French National Research Agency - ANR (Paris)
In the beginning of 2005, Polifarb Cieszyn- Wroclaw S. A. (hereafter : Polifarb), a producer of paints and varnishes, proposed to seven building materials supermarkets, namely, Praktiker, Obi, Castorama, Leroy Merlin, Nomi, Platforma and Bricomarché, a so called “stabilization discount”. The (...)

The Polish Competition Authority imposes record-breaking fines for resale price maintenance agreement on paints market (Polifarb Cieszyn-Wroclaw)
Greenberg Traurig Grzesiak (Warsaw)
The Office for Competition and Consumer Protection (“OCCP”) has imposed record fines of PLN 110 million (€ 28,300,000 ) on Polifarb Cieszyn-Wroclaw (“Polifarb”) and seven chains of DIY supermarkets for breaching competition law. The OCCP found that these parties had jointly fixed resale prices. In (...)

The Portuguese Competition Authority issues recommendation on promotion of competition in the notary services (Notariado)
Madalena Sutcliffe (Lisbon)
The Portuguese Competition Authority recently launched a public consultation on a Draft Recommendation issued to the Portuguese Government regarding the reform of the regulatory framework on the notary profession intended at promoting competition in the notary services (Projecto de Recomendação (...)

The Italian Competition Authority imposes the Italian Banks Association to withdraw its interpretative circular relating to the new provisions on the unilateral changes of banking contractual conditions (ABI)
Studio Legale DDPV (Rome)
Area (Rome)
On 14 September 2006, the Italian Antitrust Authority (the “Authority”) started an in depth investigation (the “Decision”) to ascertain whether the circular, distributed by the Italian Banks Association (“ABI”) on 7 August 2006, and dealing with the application of new rules on unilateral changes to (...)

The European Commission fines fourteen undertakings a total of € 266 M for participating in a cartel for road pavement bitumen in the Netherlands (Esha, Klockner Bitumen, Kuwait Petroleum, Nynas, Shell, Total and Wintershall)
DG COMP (Brussels)
DG COMP (Brussels)
"Commission fines fourteen undertakings a total of € 266 million for participating in a cartel for road pavement bitumen in the Netherlands"* On 13 September 2006 the Commission adopted a decision and imposed fines totalling € 266 717 000 on eight suppliers and six purchasers of road pavement (...)

A German court sanctions price-fixing among retailers after discontinuation of drugs regulatory retail price maintenance (OTC-Praparate)
DG COMP (Brussels)
Background According to German competition law, companies which exchange information about their future market activity might be found to be in breach of competition law rules. Article 1 of the German Competition Act (GWB) includes a prohibition of ‘concerted practices’ the effect or objective (...)

The Finnish Competition Authority grants for the first time immunity from fines for a cartel whistleblower (Arwidson / HL Group / Koivunen)
Dittmar & Indrenius (Helsinki)
Krogerus (Helsinki)
The Finnish Competition Authority (“FCA”) has for the first time granted immunity from fines to a cartel member who, according to the Finnish leniency programme provisions, had come forward and revealed an alleged cartel on the Finnish vehicle spare parts wholesale market (the so-called (...)

The Japan Fair Trade Commission imposes surcharges on participants in bidding for tunnel ventilation construction and applies for the first time its leniency program (Ebara and Hitachi)
Japan Fair Trade Commission (Tokyo)
The JFTC ordered surcharge payment against 4 participants in the bid-rigging for tunnel ventilation construction* The Japan Fair Trade Commission (hereinafter “JFTC”), based on the provisions in the Antimonopoly Act, had investigated bid participants for tunnel ventilation construction (...)

The Cyprus Commission for the protection of competition conducts ex officio investigation against the Cyprus Telecommunications Authority (CYTA)
Ernst & Young (Nicosia)
Factual Background An ex officio investigation was conducted by the CPC against CYTA for possible breach of article 6 of Law 207/89 (article 82 of the TFEU). The Commissioner of Electronic Communications and Postal Services notified the CPC of complaints made by Telepassport, Callsat and (...)

The Hungarian Competition Office fines € 40,000 two IT undertakings for bid rigging (Albacomp, Synergon)
Eötvös Lorand University
The Hungarian Competition Office fined Albacomp Rt. and Synergon Rt., undertakings operating in the IT sector for their anti-competitive agreement infringing national provision similar to Article 81. Paksi Atomerõmû (Paks Nuclear Powerplant) announced a call for tender which aimed at the review (...)

A Swedish Court dismisses action by the NCA against a car-towing association for alleged price coordination (Assistancekåren and MRF-bärgarna)
General Court of the European Union (Luxembourg)
Background On September 1st, 2006, the Stockholm District Court ruled against the Swedish Competition Authority (hereinafter “SCA”) which had brought infringement proceedings for alleged price coordination against the non-profit car-towing association MRF-bärgarna (hereinafter “MRF”) and its (...)

Unilateral Practices

The Brussels Court of Appeal dismisses an alleged anticompetitive agreement and an abuse of dominant position in the electronic payment card market (Master Card / Visa Card)
Sheppard, Mullin, Richter & Hampton (Brussels)
UGGC (Brussels)
Background Electronic payment card schemes involve two basic operators : the “issuing bank”, which is a credit institution, and member of a card scheme, that has a contractual relationship with a cardholder for the provision and use of a card of that card scheme ; and the “acquiring bank”, which (...)

The US District Court for the District of Delaware dismisses antitrust claims arising from an allegation of foreign-related conduct that affected the plaintiff’s foreign sales (AMD / Intel)
Sheppard Mullin (San Francisco)
Court dismisses AMD’s “foreign commerce claims” against Intel for lack of subject matter jurisdiction and standing* In a recent opinion, the District Court for the District of Delaware dismissed AMD’s antitrust claims against Intel that arose out of Intel’s alleged foreign-related conduct that (...)

The Spanish Competition Authority fines a bowling association €8 000 for abuse against independent bowling clubs concerning audiovisual rights (Emisión de Partidos de Bolos)
London School of Economics (London)
The Spanish Bowling Association (hereinafter, the “FEB”) is a non-profit association in charge of the organisation and the regulation of bowling tournaments in Spain. Participation in the different tournaments organised by the FEB requires a licence delivered by this association. Bowling can be (...)

The Czech Regional Court of Brno confirms condemnation of the telecommunications incumbent for abuse of dominant position (Cesky Telecom)
Gide Loyrette Nouel (Prague)
By its decision of 26 September 2006 the Regional Court in Brno rejected the appeal filed by Telefónica O2 Czech Republic, a. s., formerly “Ceský Telecom”, against the decision of the Chairman of the Office for the Protection of Competition from the end of 2005 whereby the company was imposed a (...)

The Czech Regional Court of Brno confirms Competition Authority’s first decision directly applying EC competition law (Cesky Telecom)
Wolf Theiss (Prague)
Czech Ministry of Justice (Prague)
By a judgement of 26 September 2006, the Regional Court in Brno confirmed the decisions adopted by the Office for the Protection of Competition and (on administrative appeal) by its President in which the dominant fixed telephony operator, Èeský Telecom (“ÈTc”), was found to have infringed article (...)

The Cypriot Competition Authority fines the incumbent telecom for provision of inaccurate and misleading information during its ex officcio investigation of fixed telephony services using VoIP technology (CYTA)
Queen Mary University (London)
On 8 September 2006 the Cyprus Commission for the Protection of Competition (C.P.C.) reached a decision regarding its ex officio investigation of the services of fixed international telephony “CYTA 1818” and “Direct International VoIP” offered by the Cyprus Telecommunications Authority (CYTA), (...)

The Latvian Competition Authority fines the medical gas monopolist for the application of an unfair and discriminating price (AGA SIA)
Tark Grunte Sutkiene (Riga)
Introduction The Latvian Competition Council in its strategy for the years 2007-2009 has set the aim to strongly combat against the abuse of the dominant position. The Council intends at least to double the number of cases to be reviewed in respect of the abuse of the dominant position. Up (...)

The Hungarian Competition Authority establishes that the telecom incumbent abused its dominant position on the ADSL Internet market (Magyar Telekom)
Hogan Lovells (Budapest)
In its decision of 5 September 2006 the Hungarian Competition Office established that the practice adopted by Hungarian Telekom for ADSL-modem removal infringed Article 21 (a) of the Hungarian Competition Act - the equivalent provision to Article 82 of the EC Treaty. Hungarian Telekom, which (...)

The Hellenic Competition Authority rules that the decision of a dominant pharmaceutical firm to stop supplying the wholesalers and distribute the pharmaceuticals itself breaches the Competition Act but not Art. 82 EC despite the effect on trade between Member States (GlaxoSmithKline / Syfait)
Stavros Niarchos Foundation Cultural Center (SNFCC) (Kallithea)
THE FACTS The dispute between GlaxoSmithKline (hereinafter “GSK”) and the Greek pharmaceutical wholesalers has its routes in 2000, when associations of the latter (amongst them “Sineterismos Farmakopion Etolias & Akarnanias”, “SYFAIT”) submitted numerous complaints to the Hellenic Competition (...)


The French Minister of Economy grants clearance to a merger in the measurement and billing of energy sector, subject to divestiture and granting of software and brand licenses (Ista / Celliande)
Darrois Villey Maillot Brochier (Paris)
Viguié Schmidt & Associés (Paris)
In its decision dated 28 September 2006, the French Minister of Economy granted a conditional clearance of the acquisition of all of shares of the French company Celliande by Ista International GmbH (hereinafter “Ista Group”). The Minister required that the acquirer divest its own company as a (...)

The French Minister of Economy cleared with remedies a merger in the measurement and billing of energy sector (Ista / Celliande)
University Paris II Panthéon‑Assas
The operation In this decision dated 28 September 2006, the Minister granted in phase I a conditional clearance of the acquisition of all of shares of the French company Celliande by Ista International GmbH (“Ista”). Ista specialises in building of consumption-dependent billing of energy, water (...)

The German Bundeskartellamt, following a referral from the EU Commission, conditionally clears a merger in the market for the production of ready-mix asphalt (FIMAG/ Züblin)
Baker McKenzie (Dusseldorf)
The operation On 26 August 2005, Finanz Industrie Management AG, Wien (“FIMAG”) notified the European Commission of its proposed acquisition of 48.7% of the shares of Ed. Züblin AG, Stuttgart (“Züblin”). 4.9% of Züblin’s shares had previously been acquired by Strabag SE, a wholly-owned subsidiary of (...)

The EU Commission conditionally approves a merger in the waste management business sector (Veolia / Cleanaway)
JG Associates (Brussels)
DG COMP (Brussels)
Mergers — Main developments between 1 September and 31 December 2006* A conditional clearance was granted to the proposed acquisition of the UK waste management service company Cleanaway by Veolia ES Holdings plc. on 21 September. Veolia, the acquirer, is also in the waste management business. (...)

The Spanish Competition Authority clears in phase II a merger in the cinema sector subject to the removal of certain ancillary restraints (Abacocine/Cinebox)
PwC (Madrid)
The operation The operation involved Abacocine’s acquisition of CIECI, Cinebox and Lanoca. Abacocine is a company operating in the cinema (movie exhibition) sector, with 17 movie theatres and 171 screens in Spain. Abacocine is a subsidiary of the Ábaco group, which also produces and distributes (...)

The Spanish Competition Authority cleared in phase II a merger in the music sector, subject to removal of of a non-competition clause (Universal Music/Vale Music)
PwC (Madrid)
The operation The operation involved the acquisition of Vale Music, including its subsidiary Ticker Media Superventas, by Universal Music. The contract signed by the parties included a non-competition clause, whereby the manager of Vale Music committed not to compete with the activities of the (...)

The EU Commission conditionally clears a merger in the nuclear sector (Toshiba / Westinghouse / BNFL)
JG Associates (Brussels)
DG COMP (Brussels)
Mergers — Main developments between 1 September and 31 December 2006* In September the Commission cleared a proposed acquisition by the Japanese conglomerate Toshiba of Westinghouse Electric UK and the BNFL USA Group, both active in the nuclear sector. As well as being a worldwide supplier of (...)

The German Bundeskartellamt cleared a merger in the market for the production of asphalt mix subject to remedies, including the divestiture of a shareholding in a joint venture (Strabag/AMH)
Baker McKenzie (Dusseldorf)
The operation The operations covered by this case comprised acquisitions by Strabag AG (“Strabag”) of businesses, shareholdings and assets involved in the production of ready-mix asphalt. Strabag is the German subsidiary (66%) of Strabag SE and plays a leading role in the road construction (...)

The UK Competition Appeal Tribunal considers the reasonableness of a decision appointing a hold separate manager to perform functions in a merger according to section 81 of the Enterprise Act 2002
University College London
Facts of the case The first applicant Stericycle International LLC, a company incorporated in the US, operates in the UK through its wholly-owned subsidiary, the second applicant, Stericycle International Limited, a holding company for three further companies (collectively "Stericycle UK"). (...)

The Czech NCA cleared in phase II a merger in the press sector, subject to production investment and maintenance of current conditions of supplies(HKM/Novotisk)
Clifford Chance (Prague)
The operation HKM (a subsidiary of the German group Verlagsgruppe Passau GmbH) acquired control over NOVOTISK. The HKM group has already been active in the Czech Republic through VLTAVA-LABE-PRESS a.s., a provider of printing services and a publisher of newspapers (paras. 9 and 10). NOVOTISK (...)

The Turkish Competition Authority cleared a merger in the cement market subject to limitation of the non-compete clause from 3 to 2 years (Cimentas - Cementir)
Esin (Istanbul)
The operation Cimentas Ýzmir Çimento Fabrikasý Türk A.Þ. is a company which has a capacity of clinker (...)ton/year and cement (...) ton/year. According to the statistics of Türkiye Çimento Müstahsilleri Birliði, Cimentas has shares of ...% in total capacity, ...% in total manufacture, ...% in total (...)

The UK Competition Commission cleared a merger in the markets for railway freight haulage and wagon maintenance, subject to a divestment remedy (EWS/Marcroft)
University of Geneva
The operation On 12 September 2006, the UK Competition Commission (CC) cleared the merger between Railway Investments Limited and Marcroft Holdings Limited, subject to the condition that Marcroft divests a significant part of its outstation business. Although the merger had been notified to (...)

The European Commission partially clears a concentration in the building materials sector and refers the examination of the impact of the proposed acquisition on the UK aggregates, asphalt and road surfacing market to the OFT (Foster Yeoman/Aggregate Industries)
JG Associates (Brussels)
DG COMP (Brussels)
"Mergers — Main developments between 1 September and 31 December 2006"* In September clearance was given of the proposed take-over of UK company Foster Yeoman by Aggregate Industries. The clearance related only to markets outside the UK. At the same time, at the request of the UK’s Office of (...)

State Aid

The Danish Competition Authority decides on the existence of an unlawful aid in application of s. 11a Competition Act in relation to subsidies granted to an internet portal on the grounds that the commercial and non-commercial parts of the website were not sufficiently distinguished (Portal
Honoré & Fallesen (Copenhagen)
Factual Background The internet portal was developed in 2003 with the purpose of promoting the island of Funen as an attractive place to live, work and visit. The portal contains all kinds of information of both commercial and non-commercial nature (ranging from information on education, (...)

The Danish Competition Authority finds that municipalities have wrongly calculated the costs of the municipal service provider in relation to home care services and ordered the re-calculation of those costs, taking into account its guidance (Fritvalg / Sindal Kommune)
Honoré & Fallesen (Copenhagen)
Factual Background A private company complained to the Danish Competition Authority (DCA) about the municipalities of Sindal and Frederikshavn paying too low a price for the services provided by private companies in the field of home care. Summary of the Court’s findings The DCA stresses that (...)

The Finnish Supreme Administrative Court rules that an investment aid by a municipal institution had been granted in breach of Art. 88.3 EC (City of Hämeenlinna)
Dittmar & Indrenius (Helsinki)
Factual Background The City of Hämeenlinna had applied for an investment aid in order to establish a new leisure centre in cooperation with two limited liability companies. The aid was intended for a new real estate company, which was to be established for the purposes of the building project (...)

The Dutch District Court rules that a licensing scheme inspired by consumer protection and crime prevention constitutes an objective justification under the existing State aid rules (Stichting Nationale Sporttotalisator / Lotto)
Adyen (Amsterdam)
Factual Background In 2005, the complainant applied to the Minister of Justice for a licence to act as an intermediary in the marketing and distribution of lottery tickets in the Netherlands. This application was rejected by the Minister on the basis of the Dutch Act on Games of Chance (Wet op (...)

The Spanish Superior Court of Justice of Asturias authorises partial revocation of a subsidy to comply with EU guidelines on national regional aid (La Rasa de Onao)
Hogan Lovells (Madrid)
Allianz (Brussels)
Factual Background: Appeal by a company which had previously benefited from a State aid (the "Beneficiary") against a decision by the Regional Administration of Asturias (the “RAA”) of 16 February 2004 granting only 55% (and not 100%, as initially agreed) on the amount invested in the (...)

The Greek Court of Audit rules that a money order issued pursuant to a regulation concerning standard fees paid to farmers participating in an EU Community programme, does not infringe upon Art. 87 EC (Service of Financial Control)
Queen Mary University (London)
Factual Background The Service of Financial Control (Õðçñåóßá Äçìïóéïíïìéêïý ÅëÝã÷ïõ) of the Hellenic Ministry of Rural Development and Food issued a money order for the financial year 2006 concerning the prepayment of an amount of about €550.000 to the operators of agricultural holdings participating in the Community (...)

The Paris Court of Appeal applies an EU Court of Justice ruling in order to dismiss the application by a party seeking the restitution of a tax perceived to be in violation of State aid rules (Toys’R’US)
Sheppard, Mullin, Richter & Hampton (Brussels)
European Court of Justice (Luxembourg)
Factual Background The appellant sought the restitution of a tax for the support of the trade and craft industry ("TACA") paid between 2003 and 2005. Toys’R’US brought a claim before the tribunal for social security of Evry, which dismissed the demand. The TACA is a progressive tax borne (...)

The EU Court of Justice rules that pharmaceutical laboratories liable to a tax on direct sales of medicines are entitled to claim the reimbursement of the tax where the exemption of wholesale distributors constitute an illegal State aid (Boiron)
Kramer Levin Naftalis & Frankel (Paris)
Eversheds Sutherland (Paris)
In a preliminary ruling requested by the French Civil Supreme Court in the Boiron case, the ECJ rules that pharmaceutical laboratories liable to a tax on direct sales of medicines are entitled to claim the reimbursement of the tax where the exemption of wholesale distributors constitute an (...)


The Czech Regional Court of Brno rules that sanctions for an infringement of competition law may not be imposed on the legal successor of the infringing entity (“Petrol cartel”)
Czech Ministry of Justice (Prague)
Regional Court in Brno (Krajský soud v Brno), 29 September, 2006, Agip, Aral, Benzina, Conoco Phillips, OMV and Shell v. UOHS, not yet published, rendered on appeal against the decision of the President of the Office for the Protection of Competition By a judgment of 29 September 2006, the (...)

The German Competition Authority publishes guidelines on setting fines
Metro (Dusseldorf)
On 26 September 2006 the German Federal Cartel Office (“FCO”) published its Notice n° 38/2006 on the imposition of fines under section 81 (4) sentence 2 of the German Act against Restraints of Competition (ARC) against undertakings and associations of undertakings - Guidelines on the (...)

The German Competition Authority publishes guidelines on the setting of fines against undertakings and associations of undertakings that have violated, inter alia, EU competition law
Fresenius Medical Care (Frankfurt)
Background In 2005, the German Act on Restraints of Competition (Gesetz gegen Wettbewerbsbeschraenkungen, or “GWB”) was substantially amended to harmonize German law with EU competition law, in particular Council Regulation (EC) n° 1/2003, of 16 December 2002, on the implementation of the rules (...)

The Federal Cartel Office issues guidelines on the method of setting fines and emphasis the role of criminal and administrative sanctions in German competition law-enforcement
Eberhard Karls University of Tübingen
I. Introduction The following article shall provide an overview over the public sanctioning system in the German Act against Restraints of Competition (hereinafter referred to as ARC) and outline the latest legislative developments. II. The law of criminal sanctions and administrative (...)

The UK Competition Appeal Tribunal criticises an interim measures direction issued by the OFT (London Metal Exchange)
Kings Chambers (Leeds)
This case concerned costs, primarily, but provides detailed judicial comment on what the OFT is expected to do before issuing an interim measures decision (IMD) under section 35 of the Competition Act 1998 (Act). The case revolved around the first IMD issued by the OFT under the Act. It was (...)

The Belgian Competition Council dismisses request for interim measures against alleged margin squeeze from the telco incumbent on the market for telephone services provided at a fixed location for residential customers (Tele2 / Belgacom)
Leuven University
Relevant Facts Since January 2003 Tele2 (a Belgian subsidiary of the Swedish Tele2 AB) is active as a telecom operator on the Belgian fixed voice calls market. Tele2 however only owns a backbone network and consequently needs to use the local loop of Belgacom (the incumbent operator) in order (...)

The EU Commission’s guidelines on the method of setting fines may allow an undertaking’s inability to pay to be taken into account
In these difficult economic times, companies caught up in EU competition enforcement proceedings now regularly claim that the imposition of heavy fines could put them out of business. “Inability to pay” (ITP) arguments have therefore become regular features of fines assessments and appeals. (...)


The Belgian Competition Authority settles dispute on GSM gateways and voice call tariffs in cooperation with the telecommunications regulator (The Phone Company / Belgacom)
Leuven University
On September 1st, 2006 the Belgian Competition Council decided Belgacom Mobile (BMB) had to terminate voice calls coming form SIM cards in gateways of the Phone Company (TPC) on its mobile network against end user tariffs (possibly augmented with other costs such as the activation fee per cell (...)

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