In the News
General Court dismisses Deutsche Bahn appeals against Commission decisions
The General Court has dismissed appeals by Deutsche Bahn and certain of its subsidiaries against three decisions of the European Commission that authorised unannounced inspections at their premises. The General Court rejected each of the arguments raised by applicants. It did not agree that the Commission had infringed the applicants' fundamental rights by inspecting their premises without prior authorisation, nor did it consider that the Commission had infringed the applicants' fundamental right to an effective legal remedy, given the lack of opportunity for prior judicial review of the inspection decision. Further, it rejected claims that the scope of all three inspection decisions was disproportionately wide and non-specific. Click here.
EU
Articles 101 and 102
- Details have been published in the Official Journal of an appeal brought by easyJet challenging the European Commission's decision to reject its complaint relating to a potential infringement of Article 102 by Luchthaven Schiphol. easyJet claims that the Commission was wrong to have dismissed its complaint on the basis that the alleged practice had already been dealt with by the Dutch competition authority, had erred in law and had breached certain procedural requirements by failing to provide sufficient justification for its decision. Click here.
UK
Competition Commission
- The CC has extended the period for its inquiry into the completed acquisition by Imerys Minerals Limited of the kaolin business of Goonvean Limited, following its provisional findings that the merger may be expected to result in a substantial lessening of competition in the market for the supply of kaolin to tableware manufacturers and also for certain performance-mineral applications. Click here.
Ofcom
- Ofcom has published a consultation on its proposals for managing the coexistence of TV white space devices. Click here.
- Ofcom has published the final version of guidance on its approach to the payment of costs and expenses in regulatory disputes. Click here.
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