September 2007

Anticompetitive practices

 The EU Commission publishes final report on sector inquiry into business insurance
European Commission - DG COMP (Brussels)
Belgium 2 contributions 875 visits
"The Commission’s sector inquiry into business insurance: outcome and next steps"* On 25 September 2007, the Commission published the Final Report of the sector inquiry into business insurance, following the Interim Report which was published in January of the same year (see CPN 2007 No 1,p. 63 (...)

The Italian Competition Authority fines undertakings in the wholesale distribution market of drugs for refusal of supply (“Distribuzione di farmaci senza obbligo di ricetta alle parafarmacie”)
European University Institute (Florence)
Italy 17 contributions 53145 visits
On 20 September 2007, the Italian Competition Authority (hereinafter the “Authority”) fined different companies in the wholesale distribution market of drugs, for breach of art. 2 legge n° 287/90, the national provision similar to Article 81 EC. Parties of the case Investigations started in 2006 (...)

The UK OFT uncovers an alleged collusive agreement between large supermarkets and dairy processors to fix milk and milk products prices ("Supermarkets and dairies price fixing")
New Zealand Commerce Commission (Wellington)
New Zealand 4 contributions 11808 visits
Summary The OFT has uncovered an alleged collusive agreement between large supermarkets and dairy processors to fix the prices of milk, butter and cheese. The OFT has estimated the price fixing cost consumers £270 million. The horizontal and vertical nature of the alleged collusion suggests a (...)

The EU Commission renders legally binding commitments on four car manufacturers to give independent repairers proper access to repair information (Daimler / Chrysler / Fiat / Toyota / General Motors)
European Commission - DG COMP (Brussels)
Belgium 2 contributions 1734 visits
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European Commission - DG COMP (Brussels)
Belgium 1 contribution 1434 visits
"Four decisions bind DaimlerChrysler, Fiat, Toyota and General Motors to commitments to give independent repairers proper access to repair information"* I. Introduction: Importance of these decisions for consumers It is commonly recognised that there is a widespread problem in the motor (...)

The Austrian Supreme Court confirms upon appeal the Cartel Court’s findings regarding concerted and abusive practices in the debit card and payment system sector and raises the fine imposed (Europay Austria / Bankomat-Vertag)
European Court of Justice (Luxembourg)
Luxembourg 23 contributions 29796 visits
1. Introduction By its judgment of 12 September 2007 in Case 16 Ok 4/07 (“Europay Austria”), the Austrian Supreme Court (acting as the highest appellate court in competition matters ; Oberster Gerichtshof als Rekursgericht in Kartellrechtssachen) essentially confirmed the first instance judgment (...)

The Austrian Supreme Court increases one of the fines imposed to banks by the Competition Authority in the ATM agreement case from €5 to 7 million (Europay Austria / Bankomat-Vertrag)
Reidlinger Schatzmann Rechtsanwälte (Vienna)
Austria 21 contributions 82525 visits
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DORDA (Wien)
Austria 15 contributions 64714 visits
On 12 September 2007, the Austrian Supreme Cartel Court decided on the appeals lodged against the Cartel Court’s decision imposing a fine of EUR 5 million on Europay Austria. We reported on the Cartel Court’s decision in e-Competitions. By way of summary, Europay Austria was fined for (...)

A Dutch Court dismisses the appeal on the restrictive effect of a regulation for professional certification but upholds it on the ground on price fixing thereby ordering the NCA to investigate the matter further (Elektroburo)
KfW (Albania)
5 contributions 19043 visits
The appellant, Elektroburo A B.V., appealed to the Trade and Industry Appeals Tribunal against the judgement of the District Court of Rotterdam of 5 December 2006, reg. nr. MEDED 06/1331, which dismissed its appeal against the decision of 22nd of August 2002 of the Dutch Competition Authority (...)

The Spanish Commercial Court in Madrid applies the de minimis doctrine to a 3% market share (Galp)
European Commission
Belgium 30 contributions 119443 visits
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Garrigues (Brussels)
Belgium 28 contributions 104272 visits
On September 3, 2007, a Spanish Commercial Court (Juzgado de lo Mercantil) based in Madrid rejected the claim filed by two service station operators against their supplier, Galp Energía España, S.A. (Galp). The two service station operators had held that some of the clauses within the agreements (...)

Unilateral Practices

 The Lithuanian Competition Authority confirms its earlier decision that the postal incumbent has abused its dominant position in the reserved postal services market (Lithuanian Post)
Gibson Dunn (Brussels)
Belgium 4 contributions 14897 visits
On 27 September 2007, the Competition Council delivered its second Decision in the case of abuse of dominance by the Lithuanian postal services provider Lietuvos paštas (the "Lithuanian Post"). As requested by the Supreme Administrative Court in its Judgment of 22 December 2006, the Competition (...)

The Lithuanian Competition Authority reaffirms its earlier findings of abusive pricing by the incumbent in the postal sector (Lietuvos Paštas)
Lithuanian Competition Authority (Vilnius)
Lithuania 28 contributions 102768 visits
On 27 September 2007 the Lithuanian Competition Council reaffirmed its earlier findings in Lietuvos Paštas case by issuing a new decision condemning pricing practices of the state-controlled postal company AB Lietuvos paštas (LP) and imposing a fine of LTL 80,000 (approx. EUR 23,170). The new (...)

The Greek Competition Authority establishes non-compliance with regard to a previous decision but without being able to impose fine again (Karelia)
Hellenic Competition Commission (Athens)
Greece 9 contributions 28546 visits
The case concerns the conduct of an undertaking (Karelia) that has been condemned by a former decision of the Greek Competition Authority (Hellenic Competition Commission, thereafter HCC), but afterwards did not comply with it. More specifically, in 2000 the HCC found that the producer of (...)

The German Competition Authority declares binding the commitments of an electricity generation company to cease the abuse proceedings for factoring CO2 certificates into its electricity tariffs (RWE)
Gleiss Lutz (Munich)
Germany 28 contributions 48935 visits
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Milbank (Munich)
Germany 28 contributions 48935 visits
On 26 September 2007, the German Federal Cartel Office (FCO) ceased abuse proceedings launched against RWE AG (RWE) in 2005 after it had declared RWE’s commitments to auction off electricity to be binding. The proceedings centred on the question whether RWE had abused its alleged dominant market (...)

The Greek Competition Authority rejects complaint alleging abuse of dominance with respect to freight rebates charged by shipping companies in Northern Greece (Thasos / TSCSA)
European Investment Bank (Luxembourg)
Luxembourg 2 contributions 11429 visits
I. The Factual Background 1. In general The coastal area of Kavala in Northern Greece connects to the island of Thasos via two local sea routes (i)Keramoti/Kavala- Thasos (40 minutes trip duration) and (ii) Kavala - Thasos (1 hour and 35 minutes trip duration), on which ferry boats and car (...)

The Italian Competition Authority opens an abuse of dominance investigation in the railways sector (Ferrovie dello Stato / Rete Ferroviaria Italiana)
Freshfields Bruckhaus Deringer (Rome)
Italy 17 contributions 67336 visits
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Parola Angelini (Milan)
Italy 1 contribution 4758 visits
On 18 September 2007, the Italian Antitrust Authority (IAA) opened an investigation under Article 82 of the EC Treaty against Ferrovie dello Stato S.p.A. (FS) and its subsidiary Rete Ferroviaria Italiana S.p.A. (RFI). RFI is the railway infrastructure monopolist as it is the sole operator, (...)

The Italian Competition Authority opens investigation for abuse of dominant position in the railway transport sector relating to the charge access to the network (Ferrovie dello Stato / Rete Ferroviaria Italiana)
Municipality of Cagliari
158 contributions 131062 visits
Introduction With a decision adopted on 18 September 2007 the Italian Competition Authority (AGCM) opened investigation against Ferrovie dello Stato (FS) and Rete Ferroviaria Italiana (RFI) for abuse of dominant position in the market for railway transport. The abusive conduct complained of (...)

The EU General Court partially upholds the Commission’s decision concerning an abuse of a dominant position in the PC operating system (Microsoft)
European Commission - DG COMP (Brussels)
Belgium 19 contributions 34399 visits
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European Commission - DG IT (Brussels)
Belgium 4 contributions 5202 visits
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Belgian Competition Authority (Brussels)
Belgium 1 contribution 1346 visits
"The judgment of the Court of First Instance in the Microsoft case"* I. The 2004 Decision On 24 March 2004, the Commission adopted a decision pursuant to Article 82 EC concluding that Microsoft had abused its dominant position in the PC operating system market by (i) refusing to provide (...)

The EU General Court, in upholding the Commission’s decision on abuse of a dominant position of the PC operating systems, turns back the clock (Microsoft)
Covington & Burling (Brussels)
Belgium 9 contributions 10005 visits
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University of Cambridge
United Kingdom 2 contributions 3257 visits
Overview In its 2004 decision, the Commission concluded that Microsoft had committed two types of abuse which where both related to the dominant position which it held through Microsoft Windows in the PC operating systems market: first, the Commission held that Microsoft had failed to supply (...)

The Lithuanian Competition Authority condemns unfair pricing on telecommunications infrastructures (Vilniaus Energija)
Lithuanian Competition Authority (Vilnius)
Lithuania 28 contributions 102768 visits
On 13 September 2007 the Lithuanian Competition Council adopted an infringement decision finding UAB Vilniaus Energija (VE) in breach of Article 9 of the Law on Competition (equivalent to Article 82 of the EC Treaty) for imposing unfair prices in a number of local markets for the lease of (...)

The French Competition Authority fines a public port operator and two related companies for anticompetitive practices in the market of harbour services dedicated to coal (SOGEMA / Port Autonome du Havre)
Hewlett Packard (Boulogne-Billancourt)
France 30 contributions 89902 visits
On 13 September 2007, the French Competition Council issued a decision relating to anti-competitive practices in the market of harbour services dedicated to coal, following a complaint by the Société Générale Maritime ("Sogema"), a dock-work operator established in various harbours in France. (...)

The Turkish Competition Authority revokes the block exemption granted to distribution contracts in the non-alcoholic beverages sector (Coca Cola)
Erdem & Erdem (Istanbul)
Turkey 67 contributions 75572 visits
By its decision dated 10 September 2007, the Turkish Competition Board (hereinafter referred as “CB”) revoked the block exemption granted to distribution contracts of Coca-Cola Turkey (hereinafter referred as “CCI”) in take-home and on-premise channels in relation to the carbonated soft drinks (...)

The Dutch Competition Authority dismisses complaint lodged by a consumers’ association against leading software company for alleged abuse of dominance on the markets for portable music players and online music stores concluding the absence of tying (Apple)
JBT Corporation (Netherlands)
4 contributions 19901 visits
In January 2007 the Dutch consumers’ association (Consumentenbond) lodged a complaint with the Dutch Competition Authority (NMa) against Apple Computer Benelux BV (Apple). The Consumentenbond claimed that Apple has a dominant position on the market for portable music players through its (...)

The Dutch Competition Authority rejects claim of unlawful tying on the digital music markets (Apple)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 1 contribution 3023 visits
The Dutch competition authority (NMa) rejects a complaint by the Dutch Consumer’s Association regarding possible unlawful bundling of Apple’s portable digital music players and music sold online by Apple. The NMa concludes that, even if Apple was to be dominant on either of two the markets, it is (...)

The Luxembourg Competition Council finds not abusive the refusal by a professional association in the field of car expertise services to accept a member and considers that trade between member States is not affected (OEIPA/Schmitt)
Arendt & Medernach (Luxembourg)
Luxembourg 55 contributions 108750 visits
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NautaDutilh (Luxembourg)
Luxembourg 23 contributions 76666 visits
On 5 September 2007 the Competition Council (“Conseil de la concurrence”) has handed down a decision in a case between a professional association of car assessment experts, OEIPA and Mr Carlo Schmit, a Luxembourg car assessment expert. In 1997 OEIPA refused the latter to become a member because (...)

The Luxembourg Competition Authority rejects an abuse of dominance complaint in the car insurance sector concerning alleged obligation to use a software application (OEIPA / Le Foyer Assurances)
Bonn & Schmitt (Luxembourg)
Luxembourg 27 contributions 87983 visits
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Rimon (Berlin)
Germany 3 contributions 16248 visits
On 5 September 2007, following quite a lengthy decision, The Competition Council (Conseil de la concurrence) (Council) rejected a complaint submitted to the Competition Inspectorate (Inspectorate) by a professional association of car damage experts (Ordre des experts indépendants professionnels (...)

The Luxembourg Competition Authority allows the imposition of an IT tool by a car insurance company on car damage experts (OEIPA / Le FoyerAssurances)
Arendt & Medernach (Luxembourg)
Luxembourg 55 contributions 108750 visits
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NautaDutilh (Luxembourg)
Luxembourg 23 contributions 76666 visits
On 5 September 2007 the Competition Council (“Conseil de la concurrence”) has handed down a decision in a case between a professional association of car damage experts, OEIPA and Le Foyer Assurances S.A. (“Le Foyer”), one of the principal car insurances companies in Luxembourg. Le Foyer puts the (...)

The US Court of Appeals for the Second Circuit affirms dismissal of conspiracy and monopolization in the elevator industry for failure to meet Twombly pleading standards (In re Elevator Antitrust Litigation)
Winston & Strawn (New York)
United States 4 contributions 3038 visits
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Haug Partners (New York)
United States 4 contributions 2284 visits
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Winston & Strawn (New York)
United States 5 contributions 3474 visits
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On September 4, 2007, the Second Circuit Court of Appeals affirmed the dismissal of all claims in In re Elevator Antitrust Litigation, No. 06-2138-cv, 2007 WL 2471805 (2d Cir. Sept. 4, 2007) (slip opinion available at http://www.ca2.uscourts.gov), finding that the complaint failed to satisfy (...)

The US Court of Appeals for the Ninth Circuit rules that bundled discounts will not support a claim under s. 2 of the Sherman Act unless the discounts are below an appropriate measure of costs (Cascade Health Solutions / PeaceHealth)
Winston & Strawn (New York)
United States 4 contributions 3038 visits
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Haug Partners (New York)
United States 4 contributions 2284 visits
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Winston & Strawn (New York)
United States 5 contributions 3474 visits
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On September 4, 2007 the United States Court of Appeals for the Ninth Circuit issued its much-anticipated decision in Cascade Health Solutions (fka McKenzie- Williamette Hospital) v. PeaceHealth, et al., No. 05-35627, 2007 WL 2473229 (9th Cir. Sept. 4, 2007). The court held that bundled pricing (...)

The US Court of Appeals for the Ninth Circuit applies a cost-based test to attempted monopolization claim premised on multiproduct discounting (Cascade Health Solutions / PeaceHealth)
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 11 contributions 3641 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 13 contributions 2649 visits
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1 contribution 230 visits
The Ninth Circuit evaluated the antitrust implications of multiproduct or “bundled” discounts in Cascade Health Solutions v. PeaceHealth, CV-02-06032 (Sept. 4, 2007). In doing so, the Ninth Circuit rejected the controversial Third Circuit rule of LePage’s Inc. v. 3M, 324 F.3d 141 (3d Cir. 2003), (...)

Mergers

 The German Federal Court clarifies merger control exemption by broadening the scope of the so-called de minimis market exemption (Sulzer/Kelmix)
Hyazinth (Berlin)
Germany 1 contribution 4144 visits
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Hogan Lovells (Munich)
Germany 5 contributions 5930 visits
The German Federal Court of Justice recently published a decision which limits the application of the German merger control regime by broadening the scope of the socalled de minimis market exemption. As a consequence, the number of mergers that are subject to a mandatory filing requirement to (...)

The German Federal Court of Justice finds that merger prohibition decisions can still be appealed even after the parties abandoned the transaction (Springer / ProSiebenSat.1 Media)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 70720 visits
In a recently published judgment of 25 September 2007, the German Federal Court of Justice (BGH) annulled a decision of the Higher Regional Court of Düsseldorf which rejected an appeal against a prohibition decision of the German Federal Cartel Office (FCO) because the parties had already (...)

The German Federal Court of Justice acknowledges the right to a declaratory judgement on blocked mergers (Springer / ProSiebenSat.1Media)
Blomstein (Berlin)
Germany 16 contributions 43785 visits
Background In January 2006, the German Federal Cartel Office (FCO) prohibited the merger of Axel Springer AG (Springer) with ProSiebenSat.1 Media AG (ProSiebenSat.1). The merger would have combined the biggest German newspaper publisher and the biggest private TV group in Germany besides (...)

The German Federal Supreme Court and the Düsseldorf Court of Appeals overrule the Competition Authority’s prohibition and dissolution of a merger in the market for cartridges in the construction and industrial sector and fittings for medical and dental treatments (Sulzer / Kelmix / Werfo)
Taylor Wessing (Berlin)
Germany 15 contributions 28097 visits
Transaction and Parties Sulzer Markets & Technology AG intended to acquire 75,1% of Kelmix Holding AG , 76% of Werfo AG, 76% of Mold AG and 100% of the founder’s rights of Mold Anstalt. Sulzer and Kelmix manufacture, among other things, two-component cartridges used for the filling of (...)

The EU Commission conditionally clears a merger in the fertilizers industry (Yara / Kemira GrowHow)
JG Associates (Brussels)
193 contributions 62746 visits
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European Commission - DG COMP (Brussels)
Belgium 148 contributions 49493 visits
Mergers: Main developments between 1 September and 31 December 2007* On 21 September the Commission cleared the proposed acquisition of Finnish mineral fertiliser producer Kemira GrowHow by Yara of Norway, also a fertiliser company, subject to commitments. Yara International ASA is active in (...)

The EU Commission conditionally clears a merger in the manufacture and supply of wood-based products (Kronospan / Constantia)
JG Associates (Brussels)
193 contributions 62746 visits
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European Commission - DG COMP (Brussels)
Belgium 148 contributions 49493 visits
Mergers: Main developments between 1 September and 31 December 2007* In September the Commission cleared the acquisition of part of the raw and coated particle board business of Constantia Industries AG of Austria by Kronospan Holding GmbH of Germany, a member of the Kronospan Group. Both (...)

The Italian Competition Authority clears a merger in the financial sector with structural and behavioural remedies (UniCredito Italiano / Capitalia)
Italy 16 contributions 42851 visits
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Chiomenti (Rome)
Italy 19 contributions 51352 visits
The operation The ICA cleared the merger by which UniCredito Italiano (UCI) will absorb Capitalia, which will cease to exist as legal entity. UCI is an international bank based in Italy and listed on the Milan stock exchange. It offers a wide range of banking and financial services in several (...)

The Lithuanian Competition Council clears a merger in the market for retail sale of daily consumer goods subject to stores divestments and termination of lease agreements (Maxima LT)
Cobalt Legal (Vilnius)
9 contributions 18572 visits
On 18 September 2008, the Competition Council of the Republic of Lithuania (hereinafter the “Competition Council”) conditionally cleared the proposed acquisition and lease of commercial premises by Maxima LT UAB (hereinafter “Maxima LT”) from independent retailers. According to the Competition (...)

A French Court confirms its competence to control the enforcement of remedies offered by the parties to a concentration to the benefit of third parties (Parabole reunion / Canal +)
Amcor (Zürich)
Switzerland 3 contributions 6591 visits
On 18 September 2007, the Paris Court of First Instance (the Court) adopted a judgement whereby it confirmed its competence to protect third party’s rights resulting from a merger authorisation decision and enjoined the new entity resulting from the merger to abide by its commitments. Although (...)

The Italian Competition Authority gives conditional clearance to a merger giving rise to one of the largest EU banking group (Unicredit Italiano / Capitalia)
Freshfields Bruckhaus Deringer (Rome)
Italy 17 contributions 67336 visits
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Beckman Coulter (Milan)
Italy 2 contributions 13464 visits
On 18 September 2007 the Italian Antitrust Authority (IAA) decided to authorize the merger between Unicredito Italiano S.p.A (also Unicredit) and Capitalia S.p.A. (Capitalia) (collectively as the Parties), subject to a number of structural and behavioural remedies. The transaction, through (...)

The Latvian Competition Council cleared a merger in the retail of consumer goods subject with behavioural remedies (Maxima Latvija SIA/Kraslava D SIA)
Cobalt Legal (Riga)
Latvia 14 contributions 43495 visits
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Cobalt Legal (Riga)
Latvia 13 contributions 35354 visits
The operation On 16 May 2007 the Latvian Competition Council received a merger notification from Maxima Latvija SIA (Maxima), where the Competition Council is informed that Maxima intends to acquire assets of Kraslava D SIA located in Dagda, Latvia. (Preamble Paragraph 1) The market(s) The (...)

The Latvian Competition Authority clears two mergers in the petrol and diesel retail market after a detailed assessment of relevant geographical market and dominance issues (Lukoil / Baltija-Grima / OS ipasumi)
Cobalt Legal (Riga)
Latvia 14 contributions 43495 visits
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Raidla Lejins & Norcous (Riga)
Latvia 1 contribution 8141 visits
On 14 September 2007 the Latvian Competition Council (“Competition Council”) adopted two decisions in cases n° 1467/07/05/19 and 1468/07/05/20 clearing the mergers between SIA Lukoil Baltija R (“Lukoil”) and SIA Grima (“Grima”), and between Lukoil and SIA OS ipasumi (“OS ipasumi”). The filings (...)

The Estonian Competition Board seems not to be following the EU practice in the treatment of natural persons as parties to concentrations (Tristafan, Aldo Parik and Oskar - NPNC Intressenter and Nefab)
Triniti (Tallinn)
Estonia 4 contributions 11906 visits
On 31 August 2007 the Director General of the Estonian Competition Board (“ECB”) granted an approval to a concentration whereby OÜ Tristafan (“Tristafan”) and Mr. Aldo Parik (“Mr. Parik”) would acquire joint control over AS Oskar LT (“Oskar”), and on 13 September 2007 the Director General granted (...)

The Russian Federal Antimonopoly Service blocks various acquisitions of Russian companies (Siemens / Power Machines - Rexam / Rostar - Aker Kvaerner / Astrakhan Korabel)
Freshfields Bruckhaus Deringer (Moscow)
Russia 3 contributions 9542 visits
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Freshfields Bruckhaus Deringer (Moscow)
Russia 3 contributions 9542 visits
The Russian Federal Antimonopoly Service (FAS) has recently refused to approve various acquisitions of Russian companies by concluding that the acquisitions will limit competition in the relevant Russian market. An overview of the blocked deals is set out below. Siemens / Power Machines (...)

The Spanish Competition Authority authorises the acquisition of the second operator by the first operator in the Spanish market for bus transport (National Express Group / Continental Auto)
Lenz & Staehelin (Zurich)
Switzerland 2 contributions 8875 visits
On 16 May 2007 National Express Group PLC (NEG), the first regular bus transport service provider in Spain, notified the former Spanish first-tier competition authority (Servicio de Defensa de la Competencia, SDC) of the acquisition of control over Continental Auto SLU (Continental Auto), the (...)

The Hungarian Competition Authority clears a merger in the programme producing and broadcasting markets with remedies including non-discrimination provisions (Chellomedia CEE Holdco/Filmmúzeum)
Lakatos, Köves (Budapest)
Hungary 15 contributions 34482 visits
The operation Chellomedia is owned and controlled by Liberty Global Inc. ("Liberty group") and provides media services worldwide. Filmmúzeum Zrt. broadcasts the channel Filmmúzeum, which is a Hungarian language channel broadcasting films and operated exclusively in Hungary. With the acquisition (...)

The Hungarian Competition Office conditionally clears a merger in the television production market (Chellomedia/Filmmúzeum)
DLA Piper (Budapest)
Hungary 37 contributions 99396 visits
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DLA Piper (Budapest)
Hungary 35 contributions 74766 visits
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Melléthei-Barna (Budapest)
Hungary 3 contributions 18309 visits
Chellomedia CEE Holdco B.V. (Chellomedia), a member of the group of undertakings under the control of Liberty Global Inc. (Liberty Group), requested the Hungarian Competition Office (HCO) to approve its acquisition of control over Filmmúzeum (the Proposed Transaction). The Proposed Transaction (...)

The French Minister of Economy sets out principles for the assessment of competition in markets that use Internet as media and conditionally clears in phase I a merger in the market for online classified advertisement (Spir / Schibsted)
RBB Economics (Paris)
France 23 contributions 65593 visits
Introduction On 10 September 2007 the French Minister of Economy, Finances and Employment (hereafter the “Minister”) cleared the creation by Spir Communication and Schibsted ASA of a jointly owned company, subject to behavioural commitments (Decision C2007/19, hereafter “the Decision”). The new (...)

The French Minister of Economy clears in Phase I with behavioral commitments a merger in the Internet classified advertisements market (Spir / Schibsted)
Paris Dauphine University
France 22 contributions 55842 visits
The operation By a letter of 10 09 2007, the Minister cleared in phase I a merger between Spir and Schibsted compagnies. It created a jointly owned compagny between the notifying parties. The new company controls both parties’ activities in the sector of classified advertisements for the sale (...)

The EU Commission conditionally clears a merger in the tissue paper products sector (SCA / Procter and Gamble European Tissue Business)
JG Associates (Brussels)
193 contributions 62746 visits
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European Commission - DG COMP (Brussels)
Belgium 148 contributions 49493 visits
Mergers: Main developments between 1 September and 31 December 2007* On 5 September the Commission approved the proposed acquisition of the European tissue business of the US company Procter & Gamble by Sweden’s SCA. The Commission’s decision was subject to the fulfilment of certain (...)

The UK Competition Commission finds that a merger in the book sector does not result in a substantial lessening of competition in the markets for the supply of books to retailers and libraries (Woolworths/Bertram)
Freshfields Bruckhaus Deringer (London)
United Kingdom 2 contributions 3036 visits
Summary and Background Woolworths and Bertram both operate in the wholesale supply of book industry. Woolworths’ principal business activities are in the UK retail sector, and its stores stock a narrow range of books. Woolworths’ book wholesale operations are handled through its subsidiaries (...)

The Swiss Competition Commission approves a merger in the food retail sector subject to extensive remedies including the maintenance of the legal, organisational and operational independence of the target and the prohibition on the acquirer acquiring any other undertakings active in the food retail sector (Migros/Denner)
Taylor Wessing (Berlin)
Germany 15 contributions 28097 visits
The operation The merger involved the acquisition by Migros of 70% of food retailer Denner. The merger was cleared by the Swiss Competition Commission (WEKO) on 3 September 2007 in a Stage 2 decision, subject to the most extensive remedies ever imposed by WEKO up to that point. Migros is the (...)

The Icelandic Competition Authority cleares a merger in the agricultural products market subject to remedies, mostly concerning restrictions on marketing and sales activities (Fodurblandan/KS/ÁBV/BS)
PwC (Reykjavik)
Iceland 8 contributions 18408 visits
The operation In August 2005 the Icelandic Competition Authority (ICA) was informed that a group of investors had acquired all the shares in Fodurblandan (FB) and that shortly afterwards there had been a merger between FB and three other companies active in agricultural markets (KS, ÁBV and (...)

Procedures

 The German Federal Court rules on the geographic relevant market to calculate the merger de minimis threshold (Sulzer/Kelmix)
University of Bonn
Germany 1 contribution 3529 visits
On September 25th, 2007, the German Federal Court (Bundesgerichtshof, BGH) decided in Sulzer/Kelmix (KVR 19/07), that the geographically relevant market as referred to by section 35(2) n° 2 of the German Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen, GWB) comprises (...)

The Czech Supreme Administrative Court admits a legal exemption for recommended price lists issued by a professional association (Chamber of Authorized Engineers and Technicians)
Skils (Prague)
Czech Republic 34 contributions 25852 visits
On 24 September 2007, the Czech Supreme Administrative Court quashed a previous decision of the Regional Court in Brno which confirmed decisions of the Czech Office for the Protection of Competition (the “Office”) imposing a penalty of CZK 500,000 upon the Czech Chamber of Authorized Engineers (...)

The Polish Act on creation and operation of large surface retail facilities deals with land use restriction as a barrier to entry in the retail distribution markets (Act of 11 May 2007)
Polish Competition Authority (Warsaw)
Poland 3 contributions 5520 visits
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Bydgoszcz University of Technology and Life Sciences (UOKIK)
Poland 2 contributions 4189 visits
Introduction 1. What can and cannot be done with land or how it can be used is governed by land use restriction. The present study relates to a type of such limitation namely the act on large surface retail stores. It introduces a limitation in creating new large surface retail facilities, (...)

The EU Court of First Instance refuses to extend the protection of legal privilege in connection with EU competition investigations to communications between companies and their in‐house lawyers (Akzo Nobel)
Paul Hastings (Paris)
France 1 contribution 273 visits
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Pitmans (London)
United Kingdom 1 contribution 273 visits
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Commonwealth Bank of Australia (Sydney)
Australia 1 contribution 273 visits
The second‐highest court in Europe ruled recently that attorney‐client privilege does not apply to certain communications between companies and their in‐house counsel. In its ruling in Akzo Nobel Chemicals Limited v. Commission on 17 September 2007, the European Court of (...)

A Dutch Court applies for an ECJ preliminary ruling on the application of Art. 15.3 Reg. n° 1/2003 by the EC Commission within the framework of a tax case raising only indirectly EC competition provisions (X B.V. Belanghebbende/Inspecteur Belastingdienst)
European Commission - DG COMP (Brussels)
Belgium 46 contributions 199151 visits
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European Court of Justice (Luxembourg)
Luxembourg 23 contributions 87194 visits
In November 2002, the European Commission imposed a fine upon a Dutch company, (hereafter “X”), for breach of Article 81 EC. The payment of this fine was partly made by another company affiliated to X. Under Dutch tax law, a fine imposed upon a company by a Community institution may not be (...)

Regulatory

 The French Energy Regulator settles a dispute between the gas incumbent and a competitor about the provision of the complete list of metering and estimating points (Gaz de France/Poweo)
University Paris-Panthéon-Assas
France 9 contributions 25265 visits
The scope of the dispute The dispute arose after the refusal by Gaz de France to provide Poweo with the complete list of PCEs (metering and estimating points). The access to the list of PCEs This decision is important in two respects. Firstly, the Energy Regulation Commission (‘CRE’) clarifies (...)

The EU publishes its final report on the effectiveness of competition in the commercial insurance sector
Winston & Strawn (London)
United Kingdom 6 contributions 3966 visits
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Akin Gump Strauss Hauer & Feld (Washington)
United States 5 contributions 3026 visits
On 25 September 2007 the European Commission (“Commission”) published its final Report on the effectiveness of competition in commercial insurance in the EU . The Report follows the publication of an interim report at the beginning of 2007, and a substantial two-year investigation during which (...)

The EU Commission releases its final report on business insurance sector inquiry
Competition Appeal Tribunal (London)
United Kingdom 5 contributions 952 visits
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7 contributions 1762 visits
The European Commission (the " Commission") yesterday released its final report into the provision of insurance products and services to businesses in the EU (the " Report"). The Business Insurance Sector Inquiry (the " Inquiry") was launched in June 2005 in parallel with the Retail Banking (...)

The Italian Parliament gives new powers to the Italian Antitrust Authority with respect to unfair commercial practices and misleading advertising enforcement (Legislative Decrees No. 145 and 146)
Macchi di Cellere Gangemi (London)
United Kingdom 5 contributions 2701 visits
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Jones Day (Milano)
Italy 3 contributions 1010 visits
On September 21, 2007, the Italian Antitrust Authority (the « Authority » or « IAA ») was given additional powers to curb unfair commercial practices and misleading advertising. The Authority has now been empowered to act ex officio without the express request of consumers and/or public entities. (...)

The Romanian authorities show increase concerns for competition issues in the health sector (National Health Programs)
Peli Filip (Bucharest)
Romania 10 contributions 24711 visits
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Musat & Asociatii (Bucharest)
Romania 8 contributions 14609 visits
The past few years have shown an increased need for competition analysis in relation to the National Health Programs that have been adopted by the Romanian authorities based on the legal provisions. Background The market for pharmaceuticals is a nationally regulated market in all the Member (...)

The German Federal Network Agency imposes uniform process for switching gas and electricity suppliers to facilitate effective competition in the energy market
Novartis (Basel)
Switzerland 6 contributions 36412 visits
Introduction In June 2005, the European Commission launched an inquiry into competition in gas and electricity markets. This enquiry responded to concerns voiced by consumers and new entrants in the sector about the development of wholesale gas and electricity markets and limited choice for (...)

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