In the News
ECJ dismisses Dow's appeal against General Court's judgment in synthetic rubber cartel
The ECJ has dismissed an appeal by Dow against the General Court's judgment on Dow's challenge of the European Commission's decision in the synthetic rubber cartel. The ECJ held that the General Court had been correct in finding that the Commission had been entitled to impute liability for the infringement to the parent company, Dow Chemical. The ECJ further found that the General Court had not erred in its assessment of the fine imposed. Click here.
ECJ dismisses appeal in lifts and escalators cartel
The ECJ has dismissed the appeal by the Schindler group of companies against the General Court's judgment in the lifts and escalators cartel case, on the basis that the General Court had not infringed the right to a fair trial under Article 6 ECHR, had correctly applied the law relating to the attribution of liability to parent companies of a fully owned subsidiary and had not erred in law in its assessment of the fine imposed. Click here.
Competition Commission issues provisional findings in AEG/Wembley Arena merger
The CC has provisionally concluded that the completed acquisition by AEG Facilities (UK) Limited of the contract to manage Wembley Arena does not result in a substantial lessening of competition in any UK market. Despite AEG operating the two largest London indoor venues as a result of the merger, the CC does not consider that it would be able to increase venue prices, reduce the quality of the venues nor foreclose other promoters or ticketing agents from the market. Click here.
EU
Mergers
- The European Commission has granted conditional clearance to the acquisition of Gambro by US rival, Baxter. The merger would have combined two of the leading suppliers of equipment and consumables for continuous renal replacement therapy (CRRT), leading to concerns that the transaction would have reduced effective competition on this market. The Commission's clearance is conditional upon Baxter's divestment of its CRRT business and a commitment to ensure certain supplies to the purchaser. Click here.
UK
Competition Appeal Tribunal
- The CAT has referred to the CC specified price control matters in the appeal by Verizon and Vodafone against aspects of Ofcom's decisions in its final statement on its business connectivity market review. Click here.
Competition Commission
- The CC has announced its provisional decision on remedies in the statutory audit services market investigation. The CC is considering a package of remedies which include an obligation on FTSE 350 companies to put their statutory audit engagement out to tender at least every five years. Click here.
Ofcom
- Ofcom has agreed to determine a dispute between Gamma Telecom Holdings Limited and British Telecommunications plc concerning the 'Oftel Interest Rate' contained in BT's Standard Interconnect Agreement. Click here.
- Ofcom has agreed to determine a dispute between TalkTalk Group and BT Openreach concerning BT's failure to provide Metallic Path Facility services on a "single jumpering" basis. Click here.
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