Focus Antitrust - Competition Weekly Email Alert – 10th August 2010

In the News

The European Commission has confirmed that its officials and their counterparts from the relevant national competition authorities have conducted unannounced inspections (dawn raids) at the premises of companies active in the polyurethane foam sector in several member states. To read the press release, click here.

European Notifications and Publications

Mergers Invitation to Comment

• COMP/M.5940: Plastic Omnium Group/Inergy Automotive Systems - supply of plastic automotive components, environmental products, fuel systems. Candidate for simplified procedure. Interested parties should submit their comments by 16 august 2010. To read the notification, click here.
• COMP/M.5766: EnBW/PRE - supply and trading of electricity. Candidate for simplified procedure. Interested parties should submit their comments by 15 August 2010. To read the notification, click here.
• COMP/M.5943: Abu Dhabi Mar/ThyssenKrupp Marine Systems - shipbuilding activities. Interested parties should submit their comments by 14 August 2010. To read the notification, click here.
• COMP/M.5931: Banco Santander/German Retail Banking Business of SEB - retail banking. Candidate for simplified procedure. Interested parties should submit their comments by 14 August 2010. To read the notification, click here.

Mergers Cleared

• COMP/M.5778: Novartis/ Alcon - ophthalmological pharmaceutical and consumer vision care products. To read the press release, click here.
• COMP/M.5826: Anglo Irish Bank/ RBS/Arnotts – retail services, financial services. To read the press release, click here.
• COMP/M.5909: Rettig/Nordkalk - indoor heating, climate regulation, supply of limestone-based products. The full text of the clearance decision will be available shortly. "
• COMP/M.5901: Montagu/ GIP/ Greenstar – investment, private equity. To read the press release, click here.
• COMP/M.5865: Teva/ Ratiopharm - pharmaceutical products. To read the press release, click here.
• COMP/M.5858: Carrefour/Marinopoulos - supermarket sector. The full text of the decision will be available shortly.
• COMP/M.5774: Bertelsmann/Holtzbrinck - digital publishing. The full text of the decision will be available shortly.
• COMP/M.5908: Honeywell/ Sperian - protective equipment solutions. To read the press release, click here.

Public Procurement

• The European Commission has launched a consultation exercise to seek views on how to improve the EU rules governing concession contracts. Interested parties should submit their comments by 30 September 2010. To read the consultation, click here.

• The European Ombudsman has published his decision closing an enquiry regarding a complaint about a request for access to the Commission's preliminary assessment in relation to a competition investigation into E.ON. To read the decision, click here.

• The CAT has published transcripts of the joint hearings held in the appeals by Eden Brown Limited, CDI AndersElite Limited and CDI Corp, and Hays PLC, Hays Specialist Recruitment Limited and Hays Specialist Recruitment (Holdings) Limited against the fines imposed by the OFT for breach of the Chapter I prohibition of the Competition Act 1998. To read the transcripts, click here, here, here, and here.
• The CAT has published an amended order staying the appeal lodged by Top Up TV Europe Limited against Ofcom's decision on British Sky Broadcasting Ltd's proposed digital terrestrial pay TV services. To read the amended order, click here.

• The Competition Commission has published for consultation its provisional decision to agree to certain variations to the behavioural undertakings given by FirstGroup in 2004 to address the adverse effects resulting from its acquisition of the Scottish Passenger Rail Franchise. Interested parties should submit their comments by 31 August 2010. To read the consultation, click here.
• Ofcom has published for consultation proposals that would allow KCOM to bundle significant market power (SMP) and non-SMP products in the retail narrowband telephony markets in Hull. Interested parties should submit their comments by 2 September 2010. To read the consultation, click here.

• Thai Union Frozen Products/MW Brands Holdings – Interested parties should submit their comments by 20 August 2010. To read the invitation to comment, click here.

• ME/4544/10: Assa Abloy AB/Paddock Holdings Limited – door locks. To read the full text of the clearance decision, click here.

• Ofcom has published a report containing further recommendations on changes to local cross-media media ownership rules. To read the report, click here.
• Ofcom has made a market investigation reference to the Competition Commission in relation to premium pay TV movies. Interested parties should submit their comments by 18 August 2010. To read the reference, click here.
• The ORR has published an open letter following an investigation regarding a potential breach by DB Schenker Rail (UK) Limited of Article 102 TFEU and the Chapter II prohibition of the Competition Act 1998. The ORR has found no evidence that DBS has breached competition law. To read the open letter, click here.
• Ofgem has published a statement welcoming the Supreme Court's decision to refuse National Grid permission to appeal the Court of Appeal's judgment upholding a CAT ruling that National Grid had abused its dominant position in the market for the supply of domestic gas meters in Great Britain. To read the statement, click here.
• BIS has published the government's response to the consultation on taking forward plans to establish a body to monitor and enforce compliance with the Groceries Supply Code of Practice (GSCOP). To read the response, click here.
• The Competition Commission has announced its decision on the appeal by Bristol Water plc against the price control determination of Ofwat. To read the decision, click here.

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