*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – Conc. conc. dec. no. 08-D-19 of 31 July 2008 on a request for provisional measures by AP Moeller-Maersk "Settling accounts at OK Terminal": this could be the title under which to summarise the circumstances, which were unusual to say the least, that led to the referral of this case to the Competition Council, with the port of Le Havre as a backdrop. It was in fact following a dispute between one of the parent companies of a joint venture and the other parent company that the Competition Council was referred to it on the merits and as a precautionary measure, in connection with
CASE COMMENT : ANTICOMPETITIVE AGREEMENT - PORT HANDLING - ALLOCATION OF CUSTOMERS - NON-COMPETE PROVISION - AGREEMENT BETWEEN A JOINT VENTURE AND ONE OF ITS PARENT COMPANIES - AUTONOMY OF THE JOINT VENTURE - ANCILLARY RESTRAINT - REQUEST FOR INTERIM MEASURES
JV-Interlocutory measures: The French Competition Council considers possible that a JV and one of its parent companies agreed to allocate customers, but rejects the request for interim measures submitted by the other parent company (Moeller-Maersk)
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