In the News
CAT awards damages for first time
The Competition Appeal Tribunal has published its ruling on the action brought by 2 Travel Group plc to seek damages from Cardiff Bus for losses suffered as a result of predatory conduct by Cardiff Bus contrary to the prohibition on the abuse of dominance. The case followed on from an OFT infringement decision against Cardiff Bus. The CAT awarded damages to 2 Travel for loss of profits of £34,000, plus exemplary damages of £60,000 on the basis that Cardiff Bus's conduct had been "outrageous". This is the first time that damages have been awarded by the CAT. However, the amount of damages awarded is significantly less than the £3 million that 2 Travel was claiming. Click here.
OFT refers local bus merger in North Devon to the Competition Commission
The OFT has referred Stagecoach's anticipated acquisition of the North Devon business and assets of First Devon and Cornwall Limited to the Competition Commission.
Stagecoach and First operate competing local bus services in North Devon, including in and around the town of Barnstaple. The OFT is concerned that the proposed merger would reduce competition on a number of route sections where the parties currently compete and create a monopoly for several journeys in the area around Barnstaple. Click here.
EU
Articles 101 and 102
- The European Commission is inviting comments from interested parties on commitments offered by the Czech electricity incumbent CEZ to address concerns that it may have infringed Article 102 by hindering the entry of competitors onto the Czech electricity markets, in particular through excessive capacity reservations. CEZ has offered to divest coal-fired generation capacity in the Czech Republic. Click here.
Mergers
- The European Commission has cleared the proposed creation of a joint-venture between the French and Swiss postal incumbents La Poste and Swiss Post to carry out most of their current activities in the area of international mail delivery services. The decision is conditional upon the divestiture of the subsidiary of Swiss Post in France. Click here.
- The European Commission has cleared the proposed acquisition of Georgia- Pacific's European consumer products business by Svenska Cellulosa Aktiebolaget SCA AB. Both parties produce toilet paper and other tissue-based products. The clearance is conditional upon the divestment of a number of business activities in the UK, Ireland, Sweden and the Netherlands. Click here.
UK
Competition Appeal Tribunal
- The CAT has published a notice of a claim brought by 21 claimants seeking damages from certain parties to the European Commission's decision on the copper plumbing tubes cartel. Click here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
