September 2010

Anticompetitive practices

 The Italian Competition Authority closes two parallel investigations into the joint fixing of banking commissions for payment services by accepting commitments (Accordi Interbancari Riba / Rid / Bancomat)
Giannino SI (Monserrato)
Italy 148 contributions 126391 visits
Introduction By a commitments decision taken on 30 September 2010 the Italian Competition Authority (ICA) closed two parallel investigations against the Italian Banking Association (ABI) and Consorzio Bancomat, respectively. The ICA found the set of commitments offered by the parties to be (...)

The German Competition Authority fines two manufacturers of pressroom chemicals for their involvement in anti-competitive agreements (DC Druck Chemie / Felix Böttcher / Helmut Siegel)
European Commission (Brussels)
Belgium 714 contributions 209747 visits
Germany: Fines imposed on two Companies in the Press room Chemicals Sector On 29 September 2010, the Bundeskartellamt imposed fines amounting to € 660,000 on two manufacturers of pressroom chemicals for their involvement in anti-competitive agreements prohibited by national law and by Article (...)

The UK Competition Authority issues a statement of objections to two banks concerning an alleged exchange of confidential information on prices (Royal Bank of Scotland / Barclays)
European Commission (Brussels)
Belgium 714 contributions 209745 visits
United Kingdom: Office of Fair Trading (OFT) proceeds with Loan Pricing Case* On 29 September 2010, the OFT issued a Statement of Objections to the Royal Bank of Scotland (RBS) and Barclays in respect of alleged disclosure of confidential and commercially sensitive future pricing information. (...)

The Slovak Regional Court in Bratislava annuls the Competition Authority’s decisions concerning an agreement restricting competition in the banking sector (Ceskoslovenska obchodna banka / Slovenska sporitelna / VUB)
Wolf Theiss (Bratislava)
Slovakia 8 contributions 4639 visits
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Agency for the Cooperation of Energy Regulators (ACER) (Ljubljana)
Slovenia 7 contributions 3864 visits
A summary of arguments adopted by the Regional Court in Bratislava (the “Court”) in annulling decisions taken by the Slovak Antimonopoly Office (the “SVK AMO”) concerning an agreement restricting competition in the banking sector. Factual background By its judgments No. 3S 57/2010 of 28 September (...)

The Slovak Regional Court in Bratislava annuls the Competition Authority’s decision which fined a banking cartel (Ceskoslovenska obchodna banka / Slovenska sporitelna / VUB)
European Commission (Brussels)
Belgium 714 contributions 209745 visits
Slovakia: Regional Court in Bratislava annuls Authority’s decision in Banking Cartel* Following the hearings at the Regional Court of Bratislava (RC BA) on 23 and 28 September 2010, three judgments were adopted in the case of the Antimonopoly Office of the Slovak Republic (AMO) vs. (...)

The French Competition Authority issues a communication reviewing its initiatives in the retail sector following a European public consultation
French Competition Authority (Paris)
France 688 contributions 330380 visits
Press Release published on the official website of the French Competition Authority. The retail sector, a priority for the Autorité de la concurrence*. The Autorité de la concurrence has published today a communication reviewing its initiatives in the retail sector. This contribution follows (...)

The German Competition Authority fines a company airline for coordinating ticket prices for flights to Turkey (Condor Flugdienst)
European Commission (Brussels)
Belgium 714 contributions 209745 visits
Germany: Fine imposed for coordinating Ticket Prices for Flights to Turkey On 28 September 2010, the Bundeskartellamt imposed a fine of € 1,200,000 on Condor Flugdienst GmbH for its involvement in an illegal agreement on the prices of flights from Germany to Turkey infringing national (...)

A French Government working group recommends the abandonment of the "damage to the economy" criterion for the calculation of antitrust sanctions and urges the French Competition Authority to adopt guidelines (Commission Folz-Raysseguier-Schaub)
Fieldfisher (London)
United Kingdom 6 contributions 3821 visits
On the 20th September 2010 the Folz-Raysseguier-Schaub working group presented to Ms. Christine Lagarde, Minister of Economy, its report on antitrust penalties. The committee consisted of Mr. Jean-Martin Folz, former president of PSA’s executive board, Mr. Christian Raysseguier, Advocate General (...)

The French Competition Authority fines 11 national banks €384.9 million for unjustified interbank fees during the transition period to the new digital system for processing checks
Freshfields Bruckhaus Deringer (Paris)
France 17 contributions 9313 visits
Summary of the case The Autorité de la concurrence (the French national competition authority) issued a decision on 20 September 2010 in which it fined the Banque de France, BPCE, the Banque postale, BNP-Paribas, Confédération Nationale du Crédit Mutuel, Crédit Agricole, Crédit du Nord, Crédit (...)

The Swiss Competition Authority investigates restrictions of online home appliance sales (Electrolux / V-Zug)
Ashurst (Milan)
Italy 101 contributions 26500 visits
Swiss Competition Commission investigates online sales restrictions by Electrolux and V-Zug* On 16 September 2010, the Swiss Competition Commission (“COMCO”) announced (French, German, not available in English) that it is investigating Electrolux’s and V-Zug’s restrictions of online home appliance (...)

A US District Court rules against plaintiffs in the auto parts industry holding that they failed to prove specific facts under Robinson-Patman Act’s price discrimination provision (Coalition for a Level Playing Field, Autozone)
Scharf Banks Marmor (Chicago)
United States 4 contributions 3653 visits
Is it Possible to Plead a Robinson-Patman Act Case at All?* The recent decision in Coalition for a Level Playing Field, LLC v. Autozone, Inc., 2010-2 Trade Cas. ¶ 77,182 (S.D.N.Y. Sept. 16, 2010) was a bit surprising to me. The essence of the case was that a group of smaller purchasers of (...)

The Bulgarian Supreme Administrative Court upholds the decision of the Competition Authority establishing the existence of a cartel on the market for poultry meat and eggs (Bulgarian Poultry Breeders Union)
University of Macau - Faculty of Law (Macau)
China 282 contributions 220539 visits
On 15 September 2010 the Bulgarian Supreme Administrative Court (SAC) upheld the decision of the Bulgarian Competition Authority (CPC) establishing that the members of the Bulgarian Poultry Breeders Union (SPB) have infringed the national equivalent of Article 101 TFEU by coordinating prices (...)

The EU Court of Justice Advocate General Mazák proposes to partially set aside General Court’s judgment in rubber chemicals case, while upholding parent companies’ liability (General Química / Repsol Química / Repsol YPF)
Van Bael & Bellis (Brussels)
Belgium 369 contributions 85553 visits
On 14 September 2010, Advocate General Mazák issued his opinion on an appeal brought by General Química and its parent companies, Repsol Química and Repsol YPF concerning the attribution of liability in the rubber chemicals cartel case. On 18 December 2008, the General Court (at that time, the (...)

The Czech Office for the Protection of Competition fines five participants in the cathode ray tubes cartel under national antitrust law (CRT cartel)
Wolf Theiss (Prague)
Czech Republic 33 contributions 109092 visits
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Czech Ministry of Justice (Prague)
Czech Republic 30 contributions 80220 visits
In a first-instance decision of 13 September 2010, the Czech Office for the Protection of Competition concluded that from 1998 to 2006, Samsung SDI, Chunghwa Picture Tubes, Koninklijke Philips Electronics, Technicolor, Panasonic, Toshiba and LG Electronics formed a prohibited cartel in the (...)

The Czech Competition Authority imposes highest fine ever for anti-competitive vertical agreement (Sokolovská uhelná)
Van Bael & Bellis (Brussels)
Belgium 157 contributions 51354 visits
According to a press release of 15 September 2010, the Czech Competition Authority has imposed its highest fine ever for an anti-competitive vertical agreement on Sokolovská uhelná (a coal supplier established in the Czech Republic). It appears that from 1997 to 2007 Sokolovská uhelná concluded (...)

The EU General Court gives judgment in industrial bags cartel case (Trioplast)
Van Bael & Bellis (Brussels)
Belgium 369 contributions 85553 visits
On 13 September 2010, the General Court handed down judgments on the appeals brought by Trioplast Industrier AB and Trioplast Wittenheim SA against the European Commission’s decision fining them for their role in a cartel amongst industrial bags producers. In its judgment, the General Court (...)

The US DoJ obtains guilty plea by a former employee of a national bank for bid-rigging and fraud conspiracies in municipal bond probe (Bank of America)
J.P. Morgan
1 contribution 318 visits
Douglas Lee Campbell, a former senior vice president in Bank of America’s municipal derivatives group, has pled guilty to conspiracy to restrain trade, conspiracy, and wire fraud for engaging in bid-rigging and fraud conspiracies in connection with more than 200 guaranteed investment contracts (...)

The EU General Court reduces fine in Spanish raw tobacco case (Deltafina)
Van Bael & Bellis (Brussels)
Belgium 369 contributions 85553 visits
On 8 September 2010, the General Court handed down its judgment on an appeal brought by Deltafina against the European Commission’s decision of 20 October 2004, fining it € 11,880,000 for its participation in a cartel of producers and processors of raw tobacco in Spain. The General Court upheld (...)

The Romanian Competition Council fines for client sharing agreements 14 administrators of mandatory pensions funds, applying for the first time both Art. 101(1) TFUE and national mirror provision (Pension Funds administrators case)
Peli Filip (Bucharest)
Romania 10 contributions 24544 visits
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Peli Filip (Bucharest)
Romania 3 contributions 6880 visits
On 16 September 2010 the Romanian Competition Council (the “Council”) published Decision n° 39/07.09.2010 sanctioning almost all the players in the Romanian market for private administration of mandatory pensions funds (14 out of 18 players active on the market) for a client sharing cartel (the (...)

The Romanian Competition Authority prosecutes fourteen private pension funds for client sharing agreements in violation of the sector-specific regulation (Aegon)
University of Macau - Faculty of Law (Macau)
China 282 contributions 220539 visits
On 7 September the Romanian Competition Authority (CC) held that fourteen private pension funds have infringed Article 101(1) TFEU by dividing their clients in violation of the sector specific regulation which prescribed a different procedure for the assignment of clients. The Romanian pension (...)

The German Cartel office issues new information leaflet on the advantages of an efficient and successful fight against cartels
European Commission (Brussels)
Belgium 714 contributions 209745 visits
Germany: New Information Leaflet by the Bundeskartellamt (BKartA) on the Advantages of an efficient and successful Fight against Cartels On 6 September 2010, the BKartA published a new information leaflet for the general public, which sheds light on the benefits of fighting cartels. Its main (...)

The Paris Court of Appeal reduces damages awarded for the sales of perfumes through a website by unauthorised distributors (eBay / Christian Dior / Kenzo / Givenchy / Guerlain)
Van Bael & Bellis (Brussels)
Belgium 157 contributions 51354 visits
On 3 September 2010, the Paris Court of Appeal delivered its judgment in a case between eBay and SA Parfums Christian Dior, SA Kenzo Parfums, SA Parfums Givenchy, and SA Guerlain (which are perfume and cosmetics suppliers belonging to the LVMH group – hereinafter the “LVMH group”). On 30 June (...)

The Lithuanian Supreme Administrative Court upholds the annulment of the Competition Authority’s cartel decision for price fixing in the waste management sector (PEATA)
Lithuanian Competition Authority (Vilnius)
Lithuania 12 contributions 7973 visits
On 2 September 2010 the Lithuanian Supreme Administrative Court (LSAC) upheld the lower court judgment in annulling the Lithuanian Competition Council (LCC) decision in the waste management cartel. Earlier that year the Association of Packaging and Electronic Waste Processors (PEATA) and its (...)

The Paris Court of Appeal rules on termination of dealership contract for the sale of motor vehicles (Subaru France)
Van Bael & Bellis (Brussels)
Belgium 157 contributions 51354 visits
In a judgment of 2 September 2010 which has recently become available, the Paris Court of Appeal gave its ruling in legal proceedings between a supplier of motor vehicles, Subaru France, and one of its former dealers. It appears that after Subaru France terminated the dealership agreement by (...)

The UK Competition Authority launches criminal investigation in the vehicle manufacturers’ sector, ballyhooing the Enterprise Act
Innovate Finance (London)
France 30 contributions 89768 visits
I. Legal background The UK criminalized competition law in 2002 by adopting the Enterprise Act, which came into force in June 2003. It set up a whole new framework to prosecute, on a criminal basis, the individuals responsible for the establishment and implementation of (of participating in) a (...)

The Belgian Competition Authority rules that the publication of recommended minimum rates by a professional body influences free price setting of real estate agents (Professional Institute of Real Estate Agents)
Liège University (Liège)
France 39 contributions 157034 visits
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Reprobel (Brussels)
Belgium 1 contribution 653 visits
I. The Parties BIV is the Belgian Institute of real estate agents. This professional association regulates access to the profession and the application of deontology rules. II. The Facts In 1996, BIV drafted and published a scheme of recommended minimum rates for services provided by real (...)

Unilateral Practices

 The German Competition Authority issues opinion on competition in waste management sector
Court of First Instance of Namur (Namur)
Belgium 224 contributions 43578 visits
The German Federal Cartel Office (“FCO”) recently published an opinion on the interpretation of specific parts of German environmental law. More precisely, the FCO considered whether Section 13 of the German waste law (Kreislaufwirtschafts- und. Abfallgesetz KrW/AbfG) is to be interpreted as (...)

The German Competition Authority accepts commitments from electric heating providers to implement measures to open the market and reimburse customers
Van Bael & Bellis (Brussels)
Belgium 191 contributions 62162 visits
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Practising Law Institute (New York)
United States 93 contributions 30382 visits
On 29 September 2010, the German Federal Cartel Office (“FCO”) announced that an investigation into twenty-four electric heating operators suspected of abusing their respective dominant positions was closed after the FCO accepted commitments to resolve the competition concerns. The (...)

The EU Commission adopts a commitment decision addressed to Italian energy company regarding potential abuse of its dominant position in the market for gas transportation services (ENI)
DG COMP (Brussels)
Belgium 17 contributions 8439 visits
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ABC economics (Berlin)
Germany 5 contributions 6098 visits
Strategic underinvestment and gas network foreclosure – the ENI case* Introduction On 29 September 2010, the Commission adopted a commitment decision addressed to ENI Spa (ENI) under Article 9 of Regulation 1/2003. With this decision, the Commission made binding on ENI the commitments it had (...)

The French Competition Authority recommends a strict application of the exceptional legal provisions concerning the public awards of transport-related services (Grand Paris)
French Competition Authority (Paris)
France 688 contributions 330380 visits
The Autorité de la concurrence recommends a very strict application of the exceptional legal provisions concerning the markets for engineering and delegation of project management.* The Syntec-Ingenierie professional association has concerns regarding the exceptional nature of the competition (...)

The EU Commission adopts decision accepting structural commitments from the Italian incumbent electricity operator (ENI)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 62162 visits
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Practising Law Institute (New York)
United States 93 contributions 30382 visits
On 29 September 2010, the Commission announced that it had adopted a decision under Article 9 of Regulation 1/2003 [1] to accept commitments from ENI concerning Italy’s natural gas market. Notably, the commitments were of a structural nature, in that ENI proposed to divest its shares in three (...)

The French Competition Authority issues a decision making compulsory commitments made by two companies to resolve competition concerns in the household plastic packaging waste treatment (Eco-Emballages / Valorplast)
French Competition Authority (Paris)
France 688 contributions 330367 visits
Eco-Emballages and Valorplast commit to greater neutrality vis-à-vis local and regional administrations in order to ensure full competition between buyers.* Following a referral by DKT International, the Autorité de la concurrence issues today a decision making compulsory the commitments made by (...)

The Paris Court of Appeal rejects the applicability of Article 101 and 102 TEU but upholds the findings that two telecom operators had abused their dominant positions in the telephony markets (Orange Caraïbe / France Telecom)
French Competition Authority (Paris)
France 7 contributions 15995 visits
The Court of Appeal ruled on 23 September 2010 in the Orange Caraïbe case. It mainly upheld the findings of the French Competition Authority. Nonetheless, ruling out the applicability of Article 101 and 102 on doubtful grounds, it also quashed the decision insofar it found a margin squeeze in (...)

The Belgian Competition Authority dismisses a complaint of the Union of Belgian French-speaking Booksellers against a distributor’s concerted practices and abuse of dominance (SLFB / Interforum)
Liège University (Liège)
France 39 contributions 157034 visits
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Koan (Brussels)
Belgium 1 contribution 538 visits
I.The parties SLFB (“Syndicat des libraires Francophones de Belgique”) is a major Belgian professional association of booksellers (60% of french speaking’s booksellers are members of the SLFB). Interforum is a company active in the book distribution business. II. The facts This case put into (...)

The Brussels Court of First Instance dismisses the action brought by the national railway company for lack of proof (NMBS / SNCB / Electrabel)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 43577 visits
On 20 September 2010, the Brussels Court of First Instance dismissed the action brought by NMBS/SNCB, the national railway company, against Electrabel for lack of proof. Mere reliance upon a report published by the energy regulator was found inconclusive evidence to demonstrate an abuse (...)

The French Competition Authority accepts commitments undertaken by a tire manufacturer to allay concerns that it abused its dominant market position (Michelin Group)
Fieldfisher (London)
United Kingdom 6 contributions 3821 visits
On the 15th September 2010 the French Competition Authority («Autorité de la concurrence«) accepted and rendered legally binding the commitments proposed by Michelin Group. The conduct of Michelin Group, the worldwide leader in the tire market, has repeatedly raised competition inquiries. In the (...)

The EU General Court confirms fine imposed by the Commission for abuse of dominant position in the market for reverse-vending machines (RVM) used to collect used beverage containers focusing on exclusive agreements and loyalty-based rebates (Tomra)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 61 contributions 26888 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 69 contributions 50045 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 20 contributions 11652 visits
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On September 9, 2010, the General Court of the EU (the Court) issued its judgment in Tomra vs. Commission (Case T-155/06), dismissing an appeal brought by Tomra against a European Commission decision imposing a €24 million fine for abuse of its dominant position in Germany, Austria, Sweden, the (...)

The EU General Court upholds a Commission’s decision concerning an abuse of dominance in the market for machines for the collection of used beverage containers addressing the issues of loyalty rebates and exclusivity agreements (Tomra)
European University Institute (Florence)
Italy 46 contributions 99874 visits
Hungry for More?* Apologies for the long post, but I have several remarks to add to my former post under Tomra v. Commission: •Priority-setting – As most of you know, this judgment confirmed a Commission Decision of 2006, in which Tomra, a producer of reverse vending machines used for (...)

The Macedonian Supreme Court upholds the Competition Authority’s decision finding an abuse of dominance on the electricity distribution market (Elektrostopanstvo)
University of Macau - Faculty of Law (Macau)
China 282 contributions 220539 visits
On 6 September 2010 the Macedonian Supreme Court upheld the infringement decision of the Macedonian Competition Authority (KZK) issued against the electricity company EVN Macedonia (EVN) for committing an abuse of dominant position on the market for electricity distribution. The case dates (...)

The EU Court of Justice AG Mázak adopts the opinion that limits the application of the margin squeeze theory to regulated markets and indispensable inputs (TeliaSonera Sverige)
Van Bael & Bellis (Brussels)
Belgium 191 contributions 62162 visits
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Practising Law Institute (New York)
United States 93 contributions 30382 visits
On 2 September 2010, Ján Mázak, an Advocate General (“AG”) at the European Court of Justice (“ECJ”), published his opinion in a case considering whether TeliaSonera, the Swedish telecom incumbent, abused its dominant position as the owner of the country’s telephony infrastructure by engaging in a (...)

The Latvian Competition Council refuses to initiate a case regarding the possible failure to notify a merger and abuse of dominant position, declaring that a general partnership falls outside the scope of provisions of the competition law (Latroad)
Kronbergs & Čukste
Latvia 5 contributions 2214 visits
In July 2010, the Latvian Competition Council received application from SIA “Firma L4” and VAS “Latvijas valsts ceļi”, requesting the Latvian Competition Council to investigate establishment of a general partnership “Latroad” by five competitors: SIA “PRO VIA”, AS “Ceļu inženieri”, SIA “Pk 19+93”, AS (...)

Mergers

 The French Competition Authority clears a merger in the press sector (Le Monde)
French Competition Authority (Paris)
France 688 contributions 330367 visits
The Autorité de la concurrence authorizes the purchase of the newspaper Le Monde by Messrs. Pierre Bergé, Xavier Niel and Matthieu Pigasse.* The Autorité de la concurrence has just issued a decision in which it authorizes Messrs. Pierre Bergé, Xavier Niel and Matthieu Pigasse to take control of (...)

The US FTC imposes conduct remedies prior to clearing a vertical merger causing anticompetitive concerns in the soft drink industry (PepsiCo / Pepsi Bottling)
Cleary Gottlieb Steen & Hamilton (Cologne)
Germany 8 contributions 2057 visits
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Cleary Gottlieb Steen & Hamilton (Washington)
United States 6 contributions 1642 visits
After a decade of what was perceived by many as relatively restrained merger enforcement, the Obama administration has repeatedly and vocally vowed to “reinvigorate antitrust enforcement” and to “take effective action to stop or restructure mergers that are likely to harm consumer[s]”. Many (...)

The EU Commission refers the assessment of a joint venture between two German private broadcasters to the competition authorities of Austria and Germany, at their request (RTL / Pro7Sat.1)
JG Associates (Brussels)
193 contributions 60219 visits
Main developments between 1 September and 31 December 2010* On 24 September 2010 the European Commission referred the assessment of the joint venture between the German private broadcasters ProSie-benSat.1 and RTL to the competition authorities of Austria and Germany, at their request. The (...)

The UK Office of Fair Trading assesses divestments remedies to an up-front purchaser in the largest grocery retailers proposed acquisition of grocery stores (Asda/Netto)
DLA Piper (London)
United Kingdom 25 contributions 18072 visits
Asda Stores Limited (Asda) is one of the UK’s largest grocery retailers. In May 2010, Asda entered into a sale and purchase agreement to acquire the Netto chain of 194 grocery stores across the UK from Dansk Supermarket A/S. The UK Office of Fair Trading (OFT) has concluded that the merger is (...)

The US FTC Chairman delivers a speech on the new horizontal merger guidelines and the agency’s efforts to protect competition and consumers
Wolters Kluwer (Riverwoods)
United States 78 contributions 37910 visits
FTC Chair Discusses Merger Guidelines, Other Agency Efforts* The FTC’s efforts to substantially revise the Horizontal Merger Guidelines for the first time since 1992 were among the recent agency accomplishments touted by FTC Chairman Jon Leibowitz in remarks delivered last week to attendees of (...)

The UK Competition Authorities publish new merger guidelines
Van Bael & Bellis (Brussels)
Belgium 227 contributions 66225 visits
On 16 September 2010, the Office of Fair Trading and the Competition Commission published the first set of consolidated joint Merger Assessment Guidelines under the UK Enterprise Act 2002, which governs merger control law in the UK. The guidelines supersede various merger control guidance (...)

The EU General Court upholds a Commission’s phase II merger approval in the publishing sector and rehabilitates parking arrangement (Odile Jacob)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 61 contributions 26888 visits
Odile Jacob: the rehabilitation of the parking arrangement* More than six years after the case was launched, the General Court rendered its judgment in Case T-279/04, Editions Odile Jacob Sas v. Commission, relating to the appeal against a 2004 decision of the European Commission approving the (...)

The French Competition Authority clears a merger between several agricultural cooperatives in Brittany (Triskalia)
French Competition Authority (Paris)
France 688 contributions 330367 visits
The Autorité de la concurrence authorizes the merger of the Coopagri Bretagne, Union Eolys and CAM 56 agricultural cooperatives.* In its decision on 9 September 2010, the Autorité de la concurrence authorized the creation, by the Coopagri Bretagne, Union Eolys and CAM 56 agricultural (...)

The French Competition Authority clears a merger in the milk collection and manufacturing of cheeses sector (Sodiaal / Entremont)
French Competition Authority (Paris)
France 688 contributions 330367 visits
The Autorité de la concurrence authorizes the purchase of the Entremont group by the Sodiaal agricultural cooperative.* The Autorité de la concurrence has just issued a decision in which it authorizes the Sodiaal agricultural cooperative (Yoplait, Candia, RichesMonts brands) to purchase the (...)

State Aid

 The EU Commission finds €10 million support for the reconstruction of the Czech cableway on Mount Sněžka does not constitute State aid
Hogan Lovells (Madrid)
Spain 23 contributions 2274 visits
State Aid: Main developments between 1 September and 31 December 2010* On 29 September 2010 the Commission decided that financial support of CZK 250 million (Eur. 10 million) for the reconstruction of a cableway on Mount Sněžka did not constitute State aid. The support will be granted to the (...)

The European Commission orders France to repay the full amount of the parafiscal tax on advertisements broadcast on sound radio and television following the Court of Justice judgment that invalidated the State aid scheme (Official communication)
Direction générale des finances publiques (DGFIP)
France 1 contribution 476 visits
This article is an official communication from the French Public Finances General Directorate, published at the Legal Department-Taxation request. It concerns the reimbursement of the parafiscal tax that unlawfully financed State aid scheme no. C 4/2009 (ex N 679/1997). The title is from the (...)

The EU Commission approves €21.4 M public funding for Dutch company Mapper to develop new semiconductor manufacturing technology (Mapper)
DG COMP (Brussels)
Belgium 59 contributions 6207 visits
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Hogan Lovells (Madrid)
Spain 23 contributions 2274 visits
State Aid: Main developments between 1 September and 31 December 2010* On 29 September 2010 the Commission authorised The Netherlands to grant € 15.6 million of soft loans and a direct grant of € 5.7 million to Mapper Lithography B.V. for the development of ‘E beam lithography’. Mapper is a (...)

The EU Commission authorises the compensation which Spain intends to grant to electricity generators to meet the costs of fulfilling a public service obligation (Preferential dispatch of indigenous coal plants)
DG COMP (Brussels)
Belgium 59 contributions 6207 visits
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Hogan Lovells (Madrid)
Spain 23 contributions 2274 visits
State Aid: Main developments between 1 September and 31 December 2010* On 29 September 2010 the Commission authorised the compensation which Spain intends to grant to electricity generators to meet the costs of fulfilling a public service obligation, namely producing specific volumes of (...)

The EU Commission finds a planned regional subsidy to Italian energy company to be incompatible (Fri-el Acerra)
DG COMP (Brussels)
Belgium 59 contributions 6207 visits
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Hogan Lovells (Madrid)
Spain 23 contributions 2274 visits
State Aid: Main developments between 1 September and 31 December 2010* On 15 September 2010 the Commission decided that the regional investment aid of € 19.5 million that Italy intended to grant towards the takeover and conversion, by Fri el Acerra S.r.l, of a closed thermoelectric power plant (...)

The EU Commission approves State aid measures supporting the purchase of digital television terminal equipment for socially vulnerable groups in Slovakia (Switch-over to digital TV broadcasting in Slovakia)
DG COMP (Brussels)
Belgium 59 contributions 6207 visits
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Hogan Lovells (Madrid)
Spain 23 contributions 2274 visits
State Aid: Main developments between 1 September and 31 December 2010* Another measure supporting the purchase of digital television terminal equipment for socially vulnerable groups in Slovakia was approved by the Commission on 15 September 2010. The aim is to bring digital television within (...)

The EU Commission approves the restructuring of Latvia’s second biggest bank (Parex)
DG COMP (Brussels)
Belgium 59 contributions 6207 visits
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Hogan Lovells (Madrid)
Spain 23 contributions 2274 visits
State Aid: Main developments between 1 September and 31 December 2010* On 15 September 2010 the Commission approved a thorough restructuring of Parex, Latvia’s second biggest bank before the crisis. The bank, which was partly nationalised in November 2008, benefited from State aid for a total (...)

The EU General Court partly annuls Commission decision in the privatization of an airline case (Olympic Airways)
Van Bael & Bellis (Brussels)
Belgium 148 contributions 30237 visits
On 13 September 2010, the General Court partly annulled a decision in which the Commission found that the privatization of Olympic Airways had given rise to the award of illegal State aid to the benefit of Olympic Airways and of a company called Olympic Airlines, which took up the flight (...)

The EU Commission authorises a scheme for the recapitalisation of credit institutions in Greece by the Hellenic Financial Stability Fund
DG COMP (Brussels)
Belgium 59 contributions 6207 visits
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Hogan Lovells (Madrid)
Spain 23 contributions 2274 visits
State Aid: Main developments between 1 September and 31 December 2010* On 3 September 2010 the Commission authorised a scheme for the recapitalisation of credit institutions in Greece by the Hellenic Financial Stability Fund (FSF). Its capital, which amounts to € 10 billion, stems from the (...)

The Versailles Court of Appeal puts an end to the debate on whether the tax on direct sales amounts to State aid on the basis of article 108.1 TFEU (Glaxosmithkline / Boiron / Bristol Myers Squibb)
CMS Bureau Francis Lefebvre (Paris)
France 4 contributions 11783 visits
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CMS Bureau Francis Lefebvre (Paris)
France 1 contribution 1471 visits
In three decisions handed down on 2 September 2010, the Court of Appeal of Versailles ruled that the tax on direct sales failed to comply with the “Altmark test” designed by the European Court of Justice (now the Court of Justice of the European Union, hereinafter “the Court of Justice”) in order (...)

The EU Court of Justice quashes General Court’s judgment and finds no manifest error in the Commission’s assessment of State aid (Scott)
Van Bael & Bellis (Brussels)
Belgium 148 contributions 30237 visits
On 2 September 2010, the Court of Justice quashed a ruling of the General Court which partly annulled a Commission decision finding illegal State aid in the sale of a parcel of land by the French authorities to Scott S.A. (“Scott”). According to the Commission, Scott unduly benefited from a (...)

The EU Court of Justice confirms General Court’s annulment of the Commission decision in a State aid case (Deutsche Post)
Van Bael & Bellis (Brussels)
Belgium 148 contributions 30237 visits
On 2 September 2010, the Court of Justice handed down its judgment in the Deutsche Post State aid case. It rejected the Commission’s appeal, thereby confirming the annulment of the Commission decision in question. Deutsche Post operates both in the mail delivery sector, in which it enjoys a (...)

Procedures

 The Italian Competition Authority launches a general sector inquiry into the food retail sector (Inquiry into food retail sector)
European Commission (Brussels)
Belgium 714 contributions 209747 visits
Italy: Inquiry into Food Retail Sector currently ongoing in Italy: Preliminary Results show significant Increase in Degree of Concentration and Italian Competition Authority (ICA) further investigates upfront Payments* The ICA is carrying out a general sector inquiry into the food retail (...)

The College of Prosecutors of the Belgian Competition Council decides that consumers are competent to ask for interim measures but rejects their request (Telenet)
European Commission (Brussels)
Belgium 714 contributions 209747 visits
Belgium: The Telenet Case: Consumers and Interim Measures In its decision of 27 September 2010, the competition prosecutor has decided that consumers are competent to ask for interim measures when they are the victim of restrictive practices. The request for interim measures against Telenet (...)

The EU Competition Commissioner speaks on due process and competition enforcement underlining the importance of judicial review by European Courts
European Commission (Brussels)
Belgium 12 contributions 14601 visits
The scope of judicial review in question* In a speech delivered on 17 September 2010 at the IBA annual competition conference, Commissioner Almunia engaged the audience on the sensitive topic of due process and competition enforcement. Among the reasons justifying his overall satisfaction with (...)

The EU Court of Justice confirms that communications with an in-house lawyer are not legally privileged (Akzo Nobel)
Stibbe (Amsterdam)
Netherlands 2 contributions 2277 visits
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Outer Temple Chambers (London)
United Kingdom 2 contributions 2277 visits
1. Following approximately seven years of extended litigation, discussed in previous issues of Concurrences the last phase of the Akzo litigation relating to the personal scope of legal professional privilege ("LPP") has finally come to an end with the European Court of Justice’s ("ECJ") seminal (...)

The EU Court of Justice confirms that legal professional privilege under EU law does not extend to communications with in-house lawyers (Akzo Nobel)
Monckton Chambers (London)
United Kingdom 17 contributions 34081 visits
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A&L Goodbody (Dublin)
Ireland 2 contributions 374 visits
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Linklaters (Brussels)
Belgium 6 contributions 2704 visits
Background In February 2003, the Commission, with the assistance of the UK’s Office of Fair Trading, conducted a dawn raid at the UK premises of Akzo Nobel and Akcros Chemicals on suspicion of possible anti-competitive practices. During the raid, a dispute arose between the investigation team (...)

The EU Court of Justice holds that in-house lawyers are not protected by legal professional privilege in antitrust investigations (Akzo)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 61 contributions 26888 visits
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Dentons (Brussels)
Belgium 17 contributions 8831 visits
On September 14, 2010, the Court of Justice (the Court) issued its judgment in Akzo v. Commission (Case C-550/07 P, hereinafter the Judgment) dismissing an appeal brought by Akzo Nobel Chemicals Ltd. (Akzo) against a judgment of the Court of First instance (now the General Court) of September (...)

The EU Court of Justice rules that legal professional privilege does not cover communications between in-house lawyers and other employees at a company (Akzo Novel Chemicals)
Covington & Burling (Brussels)
Belgium 38 contributions 13925 visits
INTRODUCTION On 14 September 2010, the Court of Justice, the highest court in the European Union (“EU”), ruled that, in the context of EU competition law investigations, legal professional privilege (“LPP”) does not cover communications between in-house lawyers and other employees at a company, (...)

A U.S. Court of Appeals overturns a lower court decision addressing the issue of the copyright’s first sale doctrine in the computer software industry (Vernor / Autodesk)
University of Chicago - Law School
United States 5 contributions 2356 visits
Vernor v. Autodesk: Copyright, Software Upgrades and Secondary Markets* Earlier today, the Ninth Circuit decided an important case about the scope of the first sale doctrine in copyright as applied to computer software. In Vernor v. Autodesk, the court concluded that the documents in question (...)

Regulatory

 The French Competition Authority issues an opinion on the deployment of optical fibre networks in moderately dense areas
French Competition Authority (Paris)
France 688 contributions 330367 visits
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence is in favour of a regulation that reconciles investment incentives and the preservation of competition*. After having issued an opinion in September 2009 at the request of the (...)

The Cypriot Competition Authority holds that the provision of free pre-school education by State nurseries does not amount to an economic activity and that the termination of the provision of a number of benefits to private nurseries by the Stores of the Ministry of Education are not anti-competitive (Association of private nurseries)
Chrysses Demetriades (Limassol)
10 contributions 3023 visits
1. Background In a ruling pronounced on 15/9/2010 the Cypriot Commission for the Protection of Competition (CPC) decided to reject the complaint filed by the Cypriot Association of Private Nurseries (The complainant) against the Ministry of Education of the Republic of Cyprus (the Ministry) (...)

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