In the News
Commission fines producers of water management products € 13 million in sixth cartel settlement
The European Commission has fined a number of producers of water management products, used in heating, cooling and sanitation systems, for breaching Article 101. One company received full immunity under the Commission's Leniency Notice. The two other companies received reductions of 10% under the settlement procedure. Click here.
OFT issues statement of objections against Mercedes-Benz and five commercial vehicle dealers
The OFT has issued a Statement of Objections alleging that Mercedes-Benz and five dealers of Mercedes-Benz trucks and vans have infringed the Chapter I prohibition. The case concerns alleged infringements between March 2007 and January 2010, involving alleged market sharing, price coordination and exchange of commercially sensitive information. Click here.
General Court confirms but reduces Microsoft periodic penalty payment
The General Court has upheld the European Commission's decision to impose a periodic penalty payment of € 899 million on Microsoft for non-compliance with certain of its obligations under the Commission's 2004 Article 102 infringement decision. However, the Court reduced the periodic penalty payment to € 860 million. Click here.
Advocate General recommends that Commission can sue cartelists as customer
The Advocate General's opinion has been published in a reference from the Brussels' Commercial Court hearing the European Commission's claim for damages against members of the lift cartel. The reference raises the question of whether under Europe's Charter of Fundamental Rights the Commission can sue cartelists for damages when it is the agency that found their conduct unlawful. The opinion recommends that the Commission should be allowed to do so. Click here.
Commission opens Phase II investigation into Hutchison's take-over of Orange Austria
The European Commission has opened an in-depth investigation under the EU Merger Regulation into the planned acquisition by Hutchison 3G Austria of its competitor Orange. Both companies provide mobile telephony services in Austria. The Commission's is concerned that the proposed acquisition may create significant competition problems by removing Orange as a competitor in the retail market for end consumers and on the wholesale market for network access and call origination. Click here.
EU
Mergers
- The European Court of Justice has handed down two judgments upholding appeals by the European Commission against judgments of the General Court concerning the disclosure of documents relating to proceedings under the EU Merger Regulation. The ECJ held that there is a general presumption that disclosure of documents exchanged between the Commission and companies during merger control proceedings undermines the protection of the objectives of investigation activities and the commercial interests of the companies involved. Click here and here.
- The European Commission has cleared the proposed acquisition of Cable & Wireless Worldwide Plc by Vodafone Group Plc under the EU Merger Regulation. The Commission concluded that the transaction would raise no competition concerns, as the parties' activities are largely complementary. Cable & Wireless' main activity is related to fixed telecoms, whereas Vodafone is mainly active in mobile telecoms. Click here.
UK
OFT
- The OFT has published its Annual Report, including an estimate of the financial benefits of its activities to consumers of £402 million. Click here.
- The OFT is consulting on the undertakings that it intends to accept from Lightcatch Limited (trading as Betfred) in lieu of referring its completed acquisition of Tote (Successor Company) Limited to the Competition Commission. Click here.
- Jackie Holland, Mary Starks and Ann Pope have all been promoted to Senior Directors in Clive Maxwell's first appointments as OFT Chief Executive. Click here.
Competition Commission
- The Competition Commission has published an issues statement as part of its investigation into Akzo Nobel proposed acquisition of Metlac. Click here.
- The Competition Commission has formally cancelled its inquiry concerning Dods Group PLC's anticipated acquisition of the political intelligence division of De Havilland. The Commission has received assurances from Dods that the proposed acquisition has been abandoned. 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.
