IN THE NEWS
The European Commission has imposed a total fine of EUR175,647,000 on five producers for price-fixing and market-sharing in the market for animal feed phosphates. To read the press release, click here.
EUROPEAN NOTIFICATIONS AND PUBLICATIONS
European Courts
- T-96/08: Global Digital Disc v Commission. The General Court has published an order removing from the Court's register an action brought by Global Digital Disc GmbH to challenge a decision by the European Commission to dismiss a complaint against Philips. The order is not yet available in English. To read the order in French, click here.
- C-440/07: Commission v Schneider Electric SA – damages. The ECJ has published an order setting out the amount of damages (Euro 30,000) that the European Commission must pay to Schneider Electric SA for the costs incurred as a result of resumption of a Phase II merger investigation following an appeal. The order is not yet available in English. To read the order in French, click here.
- C-271/08: Commission v Germany – public procurement. The ECJ has delivered a judgment on an action brought by the European Commission against Germany for breach of the public procurement rules. To read the judgment, click here.
Article 101 – Commitments
- The European Commission has made legally binding commitments offered by British Airways, American Airlines and Iberia, three members of the oneworld airline alliance, offered in response to the Commission's concerns that the planned joint venture between BA, AA and IB may be in breach of EU antitrust rules. To read the press release, click here.
Mergers – Referred to National Competition Authorities
- COMP/M.5814: CVC/ Univar Europe/ Eurochem – distribution of chemicals. The European Commission has referred part of the proposed acquisition relating to Eurochem's activities in France to the French competition authority at its request. To read the press release, click here.
Mergers Cleared
- COMP/M.5904: SAP/Sybase – databases, middleware and enterprise application software. To read the press release, click here.
- COMP/M.5747: Iberia/ British Airways - passenger and cargo transport. To read the press release, click here.
- COMP/M.5808 : JSA /Jacquet Metals/IMS - distribution of stainless steel products. To read the press release, click here.
- COMP/M.5877: Geodis/ Giraud - goods transport, freight. To read the press release, click here.
- COMP/M.5895: Busslink/Keolis - passenger transport. To read the Official Journal notification, click here.
- Wales, registered number OC311850, and is regulated by the Solicitors Regulation Authority. Any reference to a partner relation to Charles Russell LLP is to a member of Charles Russell LLP or an employee with equivalent standing and qualifications. A list of members and of non-members who are described as partners, is available for inspection at the registered office, 5 Fleet Place, London EC4M 7RD.
Public Procurement
- The European Commission has published a decision exempting the production and wholesale of electricity in Italy's Macro-zone North from the application of Directive 2004/17 on procurement by utility companies (the Utilities Directive). To read the Commission decision, click here.
State Aid
- The European Commission has decided to open an in-depth state aid investigation into exchange rate risk insurance offered by the French authorities to companies supplying parts to aircraft manufacturers. To read the press release, click here.
- The European Commission has decided to approve the long-term annual funding mechanism for France Televisions. To read the press release, click here.
- The European Commission has approved a modified Swedish scheme that provides state support for newspapers. To read the press release, click here.
- The European Commission has decided to approve aid to be granted by Estonia to support the establishment of a country-wide high-speed broadband infrastructure. To read the press release, click here.
- Following an in-depth investigation, the European Commission has decided to approve a new tax-based funding system for the Spanish public broadcaster RTVE. To read the press release, click here.
- The European Commission has ordered the recovery of illegal state aid granted to Banco Privado Português. To read the press release, click here.
Speeches
- Neelie Kroes speech: "Facilitating a competitive environment for SMEs to develop future internet business models". To read the speech, click here.
Miscellaneous
- The European Commission has relieved Sky Italia from one of the commitments given in respect of the Newscorp/Telepiu merger to allow it to bid for the allocation of digital terrestrial television multiplexes in Italy. To read the press release, click here.
- The European Regulators Group for Electricity and Gas has published for consultation pilot framework guidelines on electricity grid connection. Interested parties should submit their comments by 24 September 2010. To read the consultation, click here.
- ERGEG has published its final recommendations on the ten-year network development plan for gas. To read the recommendations, click here.
UK NOTIFICATIONS AND PUBLICATIONS
UK Courts
- Jones v Ricoh UK Ltd: the High Court has delivered a ruling on an application for summary judgment in a claim alleging breach of a confidentiality agreement, holding that part of the agreement infringed Article 101. To read the judgment, click here.
CAT
- The CAT has published an order which grants Cable & Wireless, the Carphone Warehouse and Gamma Telecom permission to withdraw their appeals against Ofcom's decision regarding carrier pre-selection charges. To read the order, click here.
- The CAT has published the transcripts of the latest hearings of the appeals against the OFT's construction bid-rigging decision. To read the transcripts in respect of Quarmby Construction, click here and here; in respect of AH Willis, click here; in respect of North Midland Construction, click here; in respect of GMI Construction, click here and here.
- The CAT has published an order disposing of Stagecoach's successful challenge to the Competition Commission's decision on the Stagecoach/ Preston Bus merger. To read the order, click here.
Consultations
- The Competition Commission has published for consultation a proposal to accept undertakings varying ITV's Contracts Rights Renewal undertakings (the CRR Undertakings), which were accepted in 2003 as a condition to the merger of Carlton Communications Plc and Granada Plc. Interested parties should submit their comments by 2 August 2010. To read the consultation, click here.
- The Department for Business, Innovation and Skills (BIS) has published for consultation a discussion paper on the deployment of superfast broadband and the benefits and problems associated with sharing the infrastructure of other non-telecommunications utilities. Interested parties should submit their comments by 16 September 2010. To read the discussion paper, click here.
- Ofcom has published a consultation on a proposed change of policy in relation to the duration of local analogue commercial radio licences. Interested parties should submit their comments by 9 September 2010. To read the consultation, click here.
Mergers – Invitation to Comment
- EDR Landmark Group Limited/ Argyll Environmental Limited – environmental risk reports. Interested parties should submit their comments by 4 August 2010. To read the invitation to comment, click here.
- British Sky Broadcasting Group plc/Virgin Media Group – TV broadcasting. Interested parties should submit their comments by 4 August 2010. To read the invitation to comment, click here.
- Hunter Douglas/Faber-Benthin – blinds. Interested parties should submit their comments by 2 August 2010. To read the invitation to comment, click here.
- Travis Perkins / BSS Group - retail sale of plumbing and heating equipment. Interested parties should submit their comments by 30 July 2010. To read the invitation to comment, click here.
Mergers – Cleared
- ME/4563/10AP: Moller-Maersk A/S of a 31% interest in DFDS A/S - shipping. The full text of the decision will be available shortly.
- ME/4548/10: Hotelplan (UK Group) Limited of Enigma Travel Group Limited – travel. The full text of the decision will be available shortly.
Mergers – Full Text Decisions
- GXS/Inovis - business-to-business e-commerce services and software solutions. To read the full text decision, click here.
Public Procurement
- The OGC has published a procurement policy note on the use of framework agreements set up by non-contracting authorities. To read the note, click here
Speeches
- Ed Richards speech: "Competition law and the communications sector". To read the speech, click here.
Miscellaneous
- The Competition Commission has published a statement on its website about the future of the Stagecoach/ Preston Bus case. To read the statement, click here.
- Ofcom has published its annual report on public service broadcasting. To read the report, click here.
- The House of Commons Treasury Select Committee has announced a new inquiry into competition and choice in the banking sector. To read the press release, click here.
- Ofcom has announced the addition of a party to its determination of a dispute between BT and each of Cable & Wireless Worldwide, Gamma Telecom, Colt Technology Services and Verizon UK Limited regarding the repayment by BT of certain termination charges. To read the announcement, click here.
- The National Lottery Commission has reached a provisional decision, based on competition law grounds, to refuse an application by Camelot to provide ancillary services. To read the press release, click here.
- Postcomm published its annual report for the year ending 31 March 2020. To read the report, click here.
- Ofwat has published its annual report for the reporting year 1 April 2009 to 31 March 2010. To read the report, click here.
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