June 2005

General antitrust

Anticompetitive practices

 A Belgian Court holds that a provision requesting feedback on resale prices does not constitute resale price maintenance (IDH Diamonds / Billiton Diamonds)
NautaDutilh (Brussels)
Belgique 5 contributions 3907 visites
Description of the impugned case This case involved two undertakings active in the diamond industry, IDH Diamonds NV (‘IDH’) and BHP Billiton Diamonds Belgium NV (‘BHP’). In 1997 they had entered into an agreement under which IDH would become a ‘regular client’ of BHP, whose customers for diamonds (...)

The Hungarian Competition Authority reduces a fine imposed to an undertaking in the framework of a leniency programme (Kemira, Tessenderlo)
Catholic University of Louvain
Belgique 11 contributions 45264 visites
The Competition Council of the Hungarian Competition Authority recently established that a number of undertakings which make up the Finnish group Kemira and the Belgian group Tessanderlo took part in an egregious violation of the Hungarian competition rules which took the form of a (...)

The German Federal Court of Justice rules on the standard of proof for the existence of a revenue surplus from a cartel agreement (Transportbeton Berlin)
Helmut Schmidt University of the Armed Forces (Hamburg)
16 contributions 35526 visites
On June 28, 2005, the German Federal Court of Justice (FCJ) clarified the standard of proof in cases in which the state seeks to disgorge the revenue surplus (“additional proceeds”) from a cartel. I. Facts of the case Between 1995 and 1998, nearly all producers of ready-mixed concrete in the (...)

The Brussels Court of Appeal issues a preliminary ruling on the successive application of Art. 81.3 EC to vertical agreements and concerted practices and rules on the De minimis doctrine (Emond / Brasserie Haacht)
University of Liège
France 393 contributions 670214 visites
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European Commission
Belgique 2 contributions 16545 visites
This is a judgment of the Brussels Court of Appeal responding to a request for a preliminary ruling from the Court d’appel de Liège ("Court of Appeal of Liège"), on the application of Article 81 EC and vertical block exemption regulations to a beer supply agreement setting up an exclusive (...)

The Dutch District Court in Rotterdam sets aside the Competition Authority’s decision for failing to demonstrate that the alleged parallel behaviour of the appellants in the motor fuel sector amounted to horizontal agreements or concerted practices (Texaco gas stations)
KfW (Albania)
5 contributions 19047 visites
The appellants, [X], [Y], [Z] and [W] appealed to the District Court of Rotterdam against Decision No. 03/2527 taken by the Dutch Competition Authority (DCA) on 25 June 2002. The decision was taken under Section 6 paragraph 1 of the Dutch Competition Law Act 1998 (DCLA) which prohibits (...)

The Brussels Court of Appeal confirms that an exclusive beverages supply agreement is in conformity with Art. 81 EC (Emond / Brasserie Haacht)
BDGS Associés (Paris)
France 13 contributions 68659 visites
In a decision dated of 23 June 2005, the Court of Appeal of Brussels confirmed the conformity of a supply agreement of beverages with the Article 81 of the EC treaty. The facts leading to this decision were the following. On 24 June 1993, M. Emond signed a supply agreement with the brewery (...)

The Spanish Competition Authority holds that car manufacturers with a market share below 30% may freely choose the members of their distribution or repair and maintenance network (Citröen)
Hogan Lovells (Madrid)
Espagne 47 contributions 92012 visites
Background The Agrupación de Agentes y Servicios Oficiales Citröen de Cataluña (hereinafter, “the ASOCC”), an association of the repair shops integrated in the repair and maintenance services’ network of Citröen in the region of Cataluña, lodged on 1 October 2003 a complaint before the Spanish (...)

The French Competition Authority sanctions a company and its distribution network for anticompetitive agreements and abuse of dominant position in the dog food market (Royal Canin)
French Competition Authority (Paris)
France 727 contributions 380481 visits
Press Release published on the official website of the French Competition Authority. Anticompetitive agreements and abuse of dominant position in the dog food market: The Conseil de la concurrence fines Royal Canin and distribution network a total of 5,000,000 Euros.* Following a referral (...)

The EU Commission makes the commitments from a global beverage company legally binding to increase consumer choice and prevent the company from entering into exclusive agreements (Coca-Cola)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2703943 visits
Competition: Commission makes commitments from Coca-Cola legally binding, increasing consumer choice* The European Commission has adopted a decision under EC Treaty competition rules that renders commitments from Coca-Cola concerning carbonated soft drinks legally binding. These commitments, (...)

The UK OFT issues a draft opinion indicating that exclusive newspaper distribution arrangements granting absolute territorial protection are compatible with UK and EC competition law ("Distribution arrangements between newspaper and magazine publishers and wholesalers")
Freshfields Bruckhaus Deringer (London)
Royaume-Uni 11 contributions 36197 visites
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King’s College (London)
Royaume-Uni 20 contributions 81242 visites
In order to ensure consistency with the EC regime, the UK system for notification of agreements under the Competition Act 1998 (the CA) was abolished on 1 May 2004. The OFT does not therefore accept notifications for decision or guidance under the Act. The OFT, however, continues to offer a (...)

The Hungarian Competition Authority fines IT companies for bid rigging (SAP and others)
ADVANT Beiten (Brussels)
Belgique 12 contributions 21973 visites
On 15 June 2005, the Hungarian Competition Authority (the “GVH”) fined ISH Kft. (“ISH”), SAP Magyarország Kft. (“SAP”) and IBM Magyarország Kft. (“IBM”), the three leading informatics companies, a total of HUF 1.51bn (approximately € 6m) for anti-competitive behaviour, including the coordination of bids (...)

The Hungarian Competition Office imposes a € 5.6 M fine in software public tenders and refuses to apply the de minimis doctrine (SAP)
Lakatos, Köves (Budapest)
Hungary 19 contributions 33424 visits
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Lakatos, Köves (Budapest)
Hungary 35 contributions 47037 visits
In 2004, the Hungarian Competition Office (HCO) launched proceedings against SAP Hungary Kft. (SAP), International Business Machines Magyarország Kft. (IBM), International System House Kft. (ISH), Synergon Informatikai Rendszereket Tervező és Kivitelező Rt. (Synergon) and ORACLE Hungary Kft. (...)

The Irish Competition Authority calls for further amendments to the Intoxicating Liquor Bill 2005 in order to enhance competition between Licenced Premises
London School of Economics
Belgium 37 contributions 156458 visits
Irish National Competition Authority, Press Release, 13 June, 2005 The Irish National Competition Authority (henceforth “NCA”) took the opportunity in June, 2005 to comment on the proposed reform of the liquor licensing regime to be introduced by the Intoxicating Liquor Bill 2005 (hereinafter (...)

A German Court finds that a horizontal cooperation agreement between small and medium-sized undertakings does not affect trade between Member States under Art. 81 EC as the agreement has no “appreciable” impact on interstate trade (Filigranbetondecken)
Hengeler Mueller (Düsseldorf)
Allemagne 16 contributions 48490 visites
I. Background Two small and medium-sized producers of filigree concrete ceilings and other pre-fabricated concrete parts intended to enter into a cartel agreement regarding a cooperation in respect of their sales and distribution activities, including a joint data information system, common (...)

The Hungarian Competition Authority exempts a 9-year exclusive services agreement with the incumbent on the basis of Art. 81.3 EC in the IT services market (Magyar Telekom)
Ferdowsi Legal (Tehran)
Iran 5 contributions 19744 visites
Facts of the case The Rába Group (the "Group") is one of Hungary’s largest vehicle manufacturers, which produces undercarriages, spare parts and commercial vehicles, mainly for export markets (60% of its production is exported). The Rába Group is one of the biggest undercarriage constructors in (...)

The Hungarian Competition Council clears a 9 years’ exclusive agreement on the basis of Art. 81.3 EC (Rába/Integris)
BECI (Brussels)
Belgique 18 contributions 107963 visites
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Liège University
France 39 contributions 157992 visites
Rába is a Hungarian vehicle manufacturers specialized in the spare parts business. The firm mostly exports products for the supply of companies such as Daimler Chrysler, Caterpillar, Suzuki etc. Rába is one of the most important independent undercarriage constructors in the world. Integris - (...)

The French Competition Authority sanctions 11 building and civil engineering companies for having entered into an anticompetitive agreement (Public works in the Meuse département)
French Competition Authority (Paris)
France 727 contributions 380481 visits
Press Release published on the official website of the French Competition Authority. Public works in the Meuse département: The Conseil de la concurrence finds 11 building and civil engineering companies guilty of entering into an anticompetitive agreement and imposes fines totalling 7 million (...)

The Paris Court of Appeal condemns an undertaking in the cosmetic sector to repair the damage suffered by a manufacturer for the unauthorized resale of its products outside the selective distribution network (La Roche Posay)
University of Liège
France 393 contributions 670214 visites
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European Commission
Belgique 2 contributions 16545 visites
This is a judgment of the Court of Appeal of Paris applying Article 81 EC which has been transmitted to the European Commission by virtue of Article 15(2) of Regulation n° 1/2003 and has been published on DG Competition’s website (See also on this case, C. Mai-Doremus and J. Philippe, The Paris (...)

The Paris Court of Appeal holds that a selective distribution system in the dermo-cosmetics products sector is compatible with EC Reg. n° 2790/1999 (La Roche Posay)
Freshfields Bruckhaus Deringer (Paris)
France 77 contributions 297004 visites
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Johnson & Johnson (Issy-les-Moulineaux)
France 13 contributions 80125 visites
La Roche Posay is specialised in the manufacturing and marketing of dermo-cosmetics products and has established a selective distribution system throughout the European Economic Area (EEA). La Roche Posay and its distributor in France, Cosmétique Active France, brought an action against LCJ (...)

Unilateral Practices

 The French Competition Authority sanctions the dominant operator of the market for street advertising furniture for having broken injunctions (Decaux Group)
French Competition Authority (Paris)
France 727 contributions 380481 visits
The market for street advertising furniture: The Conseil de la concurrence fines the Decaux Group 10 million Euros for breach of injunctions.* Context of the case The Conseil de la concurrence has penalized the Decaux Group for breaching certain injunctions handed down against it in 1998 (...)

The Paris Court of Appeal confirms absence of predatory pricing on the basis of the EU Court of Justice case law (VIIV / Régie départementale des passages d’eau de la Vendée)
Freshfields Bruckhaus Deringer (Paris)
France 77 contributions 297004 visites
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Johnson & Johnson (Issy-les-Moulineaux)
France 13 contributions 80125 visites
The “Régie départementale des passages d’eau de la Vendée” (“RDPEV”) is entrusted with the operation of a public service : it operates regular ferry services (both for passengers and for cargo and vehicles) between the mainland and l’Île d’Yeu (an island off the Atlantic coast of France) all year round. (...)

The German Federal Court of Justice clarifies that access to an essential facility does not require a dominant position in the upstream or downstream market in the electricity sector (Arealnetze)
Helmut Schmidt University of the Armed Forces (Hamburg)
16 contributions 35526 visites
On June 28, 2005, the German Federal Court of Justice (FCJ) clarified that the so called “essential facility clause” of Sec. 19(4) n° 4 of the German Act against Restraints of Competition (ARC) requires dominance only in the market for the essential facility itself. Contrary to the view of some (...)

The Belgian Supreme Court adopts an in concreto approach to the definition of the relevant market product for the provision of directory services in the telecommunications sector (Kapitol / Telekom Austria)
University of Liège
France 393 contributions 670214 visites
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Suez Environnement (Paris la Défense)
Belgique 3 contributions 14213 visites
Following a request by Kapitol, a Belgian provider of phone directories, based on Directive 98/10/EC of the European Parliament and of the Council, of 26 February 1998, on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a (...)

The Danish Competition Authority finds a company guilty of an abuse of dominance regarding its rebates practices on the basis of Art. 82 EC (DBC Medier)
BECI (Brussels)
Belgique 18 contributions 107963 visites
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Liège University
France 39 contributions 157992 visites
On 22 June 2005, the Danish Competition Council found DBC Medier, a company selling books, music, films and computer programmes, guilty of an abuse of dominance contrary to Article 82 EC. With exclusive rights on a large number of movies and computer programmes, DBC was deemed to hold a (...)

The EU Commission adopts a commitment decision preventing a leading soft drinks manufacturer from entering into exclusive supply arrangements and from practicing growth and target rebates or from leveraging market power between various product categories (Coca Cola)
European Commission - DG COMP (Brussels)
Belgique 2 contributions 1460 visites
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European Commission - DG COMP (Brussels)
Belgique 2 contributions 1143 visites
"Coca-Cola: Europe-wide remedies in fizzy drinks"* 1. Introduction On 22 June 2005 the Commission adopted a commitment decision based on Article 9 of Regulation 1/2003 addressed to The Coca-Cola Company (’TCCC’) and three of its major bottlers (all together: ’Coca-Cola’), making the commitments (...)

The Danish Competition Authority exempts an agreement between cinemas and advertisers (Dansk Reklame Film)
BECI (Brussels)
Belgique 18 contributions 107963 visites
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Liège University
France 39 contributions 157992 visites
Dansk Reklame Film (hereinafter referred to as ““DRF”) is an intermediary between Cinemas and advertising agencies whose activities consist in entering into (i) agreements with advisers/agencies concerning the display of screen advertising in cinemas (ii) agreements with cinemas on hire of the (...)

The Danish Competition Authority launches an inquiry on possible anti-competitive effects of the exclusive right conferred for port harbour services (Copenhagen Malmö Port’s)
Arnold & Porter Kaye Scholer (Brussels)
France 64 contributions 98059 visits
Against the backdrop of a string of analyses of the abovementioned Act, the Danish competition authority carried out an examination of the competitive effects of Copenhagen Malmö Port’s exclusive right to offer harbour services in Copenhagen Free Port. The Danish competition authority at the same (...)

The French Competition Authority accepts commitments to address competition concerns in the equine reproduction market (Haras nationaux)
French Competition Authority (Paris)
France 727 contributions 380481 visits
The Conseil de la concurrence has accepted the commitments proposed by the "Haras Nationaux" and decided to close the legal proceedings. The “Haras Nationaux” have undertaken to introduce analytical accounting procedures to distinguish clearly between trading activities and administrative (...)

The Italian Competition Authority adopts an interim measure ordering that a firm, dominant in the market for the production of a certain antibiotic, must grant a license for the production of a key ingredient of the antibiotic (Merck / Carbapenem)
European Court of Justice (Luxembourg)
Luxembourg 15 contributions 40398 visites
Merck manufactures, and holds the patent of, a key active ingredient necessary for the production of an antibiotic (carbapenem) used in the treatment of particular types of infection. Merck’s patent rights have expired in most European countries and outside the EU (except the US) but, due to the (...)

The Italian Competition Authority launches an investigation in the pharmaceutical sector for generics under Art. 82 EC (Merck-Principi attivi / Imipenem Cilastatina)
Studio Legale DDPV (Rome)
Italie 12 contributions 66775 visites
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Studio Legale Merusi Toscano (Rome)
Italie 2 contributions 13702 visites
The “Autorità Garante della Concurrenza e del Mercato” - the Italian national competition authority (the “Authority”) - recently started an investigation in the pharmaceutical sector under article 82 of the EC Treaty. The issue is to determine whether Merck is in a dominant position in the market (...)

The EU Commission imposes a €60 million fine against two companies in the pharmaceutical sector for abuse of dominant position (AstraZeneca)
Danish Competition and Consumer Authority (Copenhagen)
Danemark 2 contributions 1646 visites
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European Commission - DG COMP (Brussels)
Belgique 1 contribution 744 visites
ASTRAZENECA: THE FIRST ABUSE CASE IN THE PHARMACEUTICAL SECTOR* 1. Introduction On 15 June 2005 the Commission adopted a decision (‘Decision’) fining the Swedish company AstraZeneca AB and the UK company Astra-Zeneca Plc (together ‘AZ‘) 60 million euros due to their infringements of Article 82 of (...)

The US District Court for the District of Ohio grants summary judgement in a class action suit alleging that a drug manufacturer’s rebates to pharmacy benefit managers to obtain an exclusive listing do not violate the Sherman Act (Wyeth / J.B.D.L)
Jones Day (Washington)
États-Unis 11 contributions 6301 visites
A U.S. District Court in Ohio granted summary judgment for defendants in a class action suit alleging that a drug manufacturer’s rebates to pharmacy benefit managers in order to obtain an exclusive listing in the PBMs’ drug formulary violated Section 1 of the Sherman Act. The plaintiffs, (...)

The Czech Competition Authority states that a bus station operator’s refusal of access to a facility amounts to abuse of a dominant position even if the conditions of the essential facilities doctrine are not met (ČSAD Liberec)
Wolf Theiss (Prague)
République tchèque 33 contributions 109725 visites
On 6 June 2005 the Czech Republic’s Office for the Protection of Competition (“the Office”) issued a decision whereby it established that a bus service and station operator in a Czech city abused its dominant position when it refused to allow a competing carrier to use its bus station for (...)

The OECD holds a roundtable on competition on the merits
OECD - Competition Division (Paris)
France 311 contributions 1304883 visits
Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat Considering the discussion at the roundtable, the delegatesí written submissions and the Secretariatís background paper, several key points emerge: (...)

Mergers

 The Italian Competition Authority, after having opposed to a so-called merger transaction under Art. 81 EC, imposes substantial modification to the original acquisition agreement and finally clears the transaction as a merger (Anonima Petroli Italiana / ENI)
London School of Economics
Royaume-Uni 57 contributions 300581 visites
API Anonima Petroli Italiana (“API”) is an undertaking active in the distribution, marketing and refinement of oil products. ENI is active mainly in the oil and natural gas sectors. IP, a subsidiary owned at 100% by ENI, is active in the marketing of oil products. On 1 June 2005, API and ENI (...)

The Dutch Competition Authority clears merger between a supplier of pay television and an operator of television networks (Chellomedia Programming, Canal+)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Pays-Bas 10 contributions 3420 visites
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13 contributions 3945 visites
1. Introduction On 15 December 2004 the Dutch Competition Authority (Nederlandse Mededingingsautoriteit,hereinafter "NMa") received a notification for a merger between UPC Programming B.V. ("UPC", now Chellomedia Programming B.V.) and Canal+ N.V. ("Canal+"). According to the proposed merger (...)

The EU Commission conditionally clears a merger in the wines and spirits industry (Pernod Ricard / Allied Domecq)
JG Associates (Brussels)
193 contributions 62760 visits
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European Commission - DG COMP (Brussels)
Belgium 148 contributions 49508 visits
"Mergers — Main developments between 1 May and 31 August 2005"* The European Commission has cleared under the EU Merger Regulation the proposed acquisition of Allied Domecq plc by Pernod Ricard SA. The Commission’s clearance is conditional on the sale by Pernod Ricard of the Scotch whisky brands (...)

The Norwegian Competition Authority approved a merger in the provision of public key infrastructure services, subject to remedies (BBS / ZebSign)
Bull Årstad (Stavanger)
15 contributions 32093 visits
The operation On 22 February 2005, the Norwegian Competition Authority (NCA) was informed that the entire share capital of ZebSign AS had been acquired by BBS AS. BBS AS is a supplier of electronic identification (ID) services, payment and information solutions. ZebSign is a supplier of (...)

The Italian Competition Authority cleared a merger in the baby milk sector subject to ceasing to use certain brands and ensuring product availability in the supermarkets (Koninklijke Numico / Mellin)
Italie 16 contributions 42852 visites
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Chiomenti (Rome)
Italie 19 contributions 51353 visites
The operation The transaction will result in the acquisition of sole control over Mellin by way of shares purchase. After examining the operation, the ICA concluded that the proposed operation might have worsened the already weak competition in the market for baby milk. In the ICA’s view, the (...)

The European Commission refers to the German FCO the examination of a concentration in the asphalt manufacturing industry (Strabag/Walter Bau)
JG Associates (Brussels)
193 contributions 62760 visits
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European Commission - DG COMP (Brussels)
Belgium 148 contributions 49508 visits
"Mergers — Main developments between 1 May and 31 August 2005"* The Austrian company Bauholding Strabag SE (Strabag) notified the Commission of its intention to acquire parts of the bankrupt German construction company Walter Bau-AG (Walter Bau). In May 2005 Germany’s Federal Cartel Office (...)

The Algerian Competition Authority clears a merger between two gas producers without commitments (PRAXAIR / LINDE)
Algeria Competition Council (Algiers)
Algérie 1 contribution 43 visites
Considering the concerned market study during the course of the decision, the PRAXAIR company and abroad are present in two companies, and the only supplier is the LINDE company, either in Algeria, in branches that have all the activities of Vanal The formality of the conditions for fulfilling (...)

The Italian Competition Authority clears in phase II the merger between the two main baby milk producers subject to remedies, including wholesale prices reduction (Koninklijke Numico / Mellin)
Ashurst (Brussels)
France 45 contributions 45516 visits
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Legance - Studio Legale (Rome)
Italy 21 contributions 31047 visits
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Corte dei Conti (Rome)
Italie 4 contributions 9726 visites
Background By decision of 15 June 2005, the Italian Competition Authority (Autorità garante della concorrenza e del mercato) cleared the acquisition by Koninklijke Numico N.V. (Numico) of Mellin S.p.A. (Mellin). The concentration affected the baby milk sector which the Authority’s investigations (...)

The Romanian Competition Council cleared a merger in the sector of harbour operating services with remedy including divestiture (Chimpex/Azomures)
Fruth Oprisan (Bucharest)
Roumanie 6 contributions 14676 visites
The operation SC AZOMURES SA Tg.Mures, manufacturer of fertilisers proposed acquiring 74.372% of the share capital of CHIMPEX SA Constanta , company which performs harbour operating services for fertilisers. The market(s) The relevant market has been assessed as the market of harbour (...)

The Estonian Court of appeal confirms the right of third parties to challenge merger decisions, but upholds the Competition Authority’s merger clearance concerning the acquisition of a company controlling a chain of pharmacies (Magnum Medical / Parimex Invest)
TGS Baltic (Estonia)
Estonie 5 contributions 1758 visites
On 14 June 2005, the Tallinn Circuit Court (a court of appeal) issued a judgment upholding the Estonian Competition Authority’s (ECA) merger clearance concerning the acquisition of OÜ Parimex Invest, a company controlling a chain of pharmacies, by AS Magnum Medical, an Estonian dominant (...)

The US FTC proposes conditional consent order approving an acquisition of the voting securities of a major petroleum explorer and marketer (Chevron / Unocal)
Sheppard Mullin (Los Angeles)
États-Unis 46 contributions 7767 visites
FTC Approves Chevron’s Acquisition Of Unocal On Condition Of Release Of Patent Rights To CARB Reformulated Gasoline* The Federal Trade Commission has proposed consent orders that will approve Chevron’s acquisition of the voting securities of Unocal, which will then merge into a Chevron (...)

The Belgian Competition Council conditionally cleared an acquisition in the funeral insurance market subject to non-discrimination and other behavioural remedies (Dela Holding/Sophia Group/Waterland Equity Fund/BVBA)
Freshfields Bruckhaus Deringer (Beijing)
China 17 contributions 17887 visits
By the operation cleared by the Belgian Competition Council in phase I (extended at the request of the parties) on 10 June 2005, N.V. Dela Holding, active in the funeral insurance and related services sector, acquires N.V. Sophia Group, a Belgian company that runs funeral homes in Belgium. The (...)

The Dutch Competition Authority consults four external research firms to define the geographical market in a second phase hospital merger (Ziekenhuis Hilversum/Ziekenhuis Gooi-Noord)
Pels Rijcken & Droogleever Fortuijn NV
Pays-Bas 1 contribution 1437 visites
Introduction Geographical market definition is central in this decision of the Dutch Competition Authority ("NMa"). In both the first phase and the second phase procedure the essential question is whether the relevant geographical market is limited to "Het Gooi", a region in North Holland. (...)

The German Bundeskartellamt cleared with remedies, including the divestments of a depot and a shareholding, the disposal of two lease agreements and the termination of a distribution agreement (WASAG/Sprengstoffwerke Gnaschwitz)
Baker McKenzie (Berlin)
Allemagne 34 contributions 82966 visites
The operation On 3 December 2004 H&R WASAG AG, Salzbergen (“WASAG”) notified the Bundeskartellamt of its proposed acquisition of approximately 50% of Sprengstoffwerke Gnaschwitz GmbH, Schlungwitz (“SWG”). WASAG is active in the development, production and distribution of chemical and (...)

State Aid

 The Austrian Supreme Administrative Court rules that a dentist may not be granted a VAT exemption on the grounds that it would constitute unlawful State aid
University of Vienna
Autriche 16 contributions 933 visites
Background & Facts of the case The applicant, a dentist, claimed to be eligible for certain VAT exemptions (waiver on adjusting deductions in the course of a transition from VAT liability to VAT exemption for medical services that was required by Community law). The tax office and the (...)

The Danish Competition Authority dismisses claim based on State aid rules on the ground that insufficient evidence was brought by the claimants and issues guidelines for the future claims (Storskærmsproduktioner)
Honoré, Fallesen & Andersen - HFA Law (Copenhagen)
Danemark 31 contributions 36606 visites
Factual Background A TV producer complained about a public school ("Århus tekniske Skole") providing big screen productions free of charge in the form of open-air concerts. It claimed that the school was thereby using State subsidies meant for educational activities to finance production in (...)

The EU Commission approves € 47.3 million operating aid in favor of a Dutch public company operating in the hazardous waste treatment sector (AVR)
European Commission - DG COMP (Brussels)
Belgium 1296 contributions 2703943 visits
"State aid for hazardous waste treatment: the case of AVR, the Netherlands"* On 22 June 2005, the European Commission has approved € 47.3 million operating aid in favour of AVR of the Netherlands for hazardous waste disposal. € 2.4 million — compensation for the cost of acquisition of the (...)

The European Commission issues a consultation document concerning the reform of State aid policy in order to contribute to the Lisbon strategy for growth and job
European Commission - DG COMP (Brussels)
Belgique 6 contributions 10010 visites
"Reforming state aid policy to best contribute to the Lisbon Strategy for growth and jobs"* Since she took up the mandate of Commissioner in charge of Competition, Neelie Kroes has made no secret that she plans to reform state aid policy. To some extent, reforming state aid is a logical step (...)

Procedures

 The Hungarian Government puts an end to the negative clearance procedure (Act N° LXVIII, 29 June 2005)
Ferdowsi Legal (Tehran)
Iran 5 contributions 19744 visites
In Hungary the field of competition law is primarily regulated by the Act no. LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices (hereinafter referred to as : “the Act”), which is completely EU conform. The intention to follow the European legislation can be found in the (...)

The Latvian procedure to appeal against the NCA’s decisions on cartel agreements
Tark Grunte Sutkiene (Riga)
Lettonie 6 contributions 24308 visites
Introduction Two high-sounding cartel agreements have been established in Latvia. Agreement among egg sellers on 20 December 2004, and agreement among advertising agencies on 8 May 2006. Egg sellers appealed against the decision of the Latvian Competition Council to the administrative court. (...)

The European Court of Justice confirms the legality of the Commission’s guidelines on fines (Pre-insulated pipes)
European Commission - DG JUSTICE (Brussels)
4 contributions 2447 visites
"The ‘Pre-insulated pipes’ judgment: the European Court of Justice confirms the legality of the Commission’s Guidelines on fines"* Introduction On 28 June 2005 the Court of Justice confirmed in substance the decision of the European Commission of 21 October 1998 concerning a cartel on the (...)

The German Federal Court of Justice holds that the EC motor vehicles block exemption does not create any obligation to admit a plaintiff as an authorized repairer (Qualitative Selektion)
Fresenius Medical Care (Frankfurt)
Allemagne 3 contributions 12034 visites
Background The defendant, a manufacturer of motor vehicles, terminated its service agreement with the plaintiff, an authorized provider of repair and maintenance services, by contractual notice effective June 30, 2002. The defendant intended to change its criteria for selecting authorized (...)

The German Parliament passes an amendment modernizing national competition law and giving way to damages actions (Gesetz gegen Wettbewerbsbeschränkungen in der Fassung des Beschlusses des Deutschen Bundestages)
Freshfields Bruckhaus Deringer (Berlin)
Germany 5 contributions 24851 visits
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Freshfields Bruckhaus Deringer (Berlin)
Germany 31 contributions 120995 visits
On 1 July 2005, major changes to German competition law entered into force. The seventh amendment of the German Act against Restraints of Competition (“ARC”) aims to bring Germany into line with the modernised EU competition law rules. Damages actions The amended section 33 ARC deals with (...)

Regulatory

 The Danish competition authority finds that a national act on raw material has anti-competitive effects and calls for modifications
Arnold & Porter Kaye Scholer (Brussels)
France 64 contributions 98059 visits
In November 2004 the Danish Competition Authority received a complaint in relation to the administration of the provisions in Articles 19 and 20 of the Danish Act on Raw Material. The particular provisions relate to vessel approvals and licenses to gravel and sand pumping. Acting on the (...)

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