In the News
General Court upholds Commission's decision to reject Vivendi complaint about France Telecom's pricing practices
The General Court has delivered its judgment in an appeal lodged by Vivendi against the European Commission's decision to reject a complaint that France Télécom had abused its dominant position on the French broadband and telephone subscription market. The appeal was rejected in its entirety and the General Court held, finding that the Commission was right to have concluded that the possibility of establishing proof of France Télécom's infringement of Article 102 TFEU was very limited. This was enough to establish that the EU had no interest in pursuing the investigation, and justified the Commission's rejection of Vivendi's complaint. Click here.
EU
Articles 101/102
Details of an appeal by Unión de Almacenistas de Hierros de España seeking the annulment of the European Commission decision to refuse to provide copies of documents exchanged between the Commission and the Spanish National Competition Commission in relation to Spanish proceedings have been published in the Official Journal. Click here.
The European Commission is consulting on commitments offered by Samsung Electronics in relation to the enforcement of the standard essential patents it owns in the field of mobile communications, following concerns that Samsung may have abused its dominant position through the use of injunctive relief to enforce SEPs. Click here.
Mergers
The European Commission has decided to initiate an in-depth Phase II investigation into the proposed acquisition of Cemex West by Holcim, due to concerns that the proposed transaction may substantially lessen competition in markets for cement and other building materials in parts of Germany and Belgium. The Commission is particularly concerned that the merger could facilitate the co-ordination of cement producers' market behaviour in Germany and Belgium. Click here.
UK
UK Courts
The Court of Appeal has delivered a judgment in three appeals against High Court orders which required French defendants to disclose documents in competition damages actions, despite the French companies arguing that it was illegal for them to do so under French legislation. The Court of Appeal dismissed the appeals and held that the procedural orders were governed by English law and the fact that compliance with them could expose the party to prosecution under foreign law was not a defence to the making of the orders. Click here.
Competition Commission
As part of its investigation into the completed acquisition by Breedon Aggregates Limited of certain assets of Aggregate Industries UK Limited, the CC has published an issues statement identifying the key questions which the inquiry is examining. Click here.
The CC has decided to prohibit the anticipated merger of the Royal Bournemouth and Christchurch Hospitals NHS Foundation Trust and Poole Hospital NHS Foundation Trust on the basis that it would result in a substantial lessening of competition in respect of the provision of 19 elective inpatient services, 34 outpatient services, non-elective inpatient maternity services and cardiology private services. Click here.
Other
BIS has called for evidence on competition and consumer policy as part of the government's review of the balance of competences between the UK and the EU. In particular, it is seeking views on the advantages and disadvantages to the UK of EU action in the area of competition and consumer policy. Click here.
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