IN THE NEWS
European Commission issues SO to Microsoft
The Commission has issued a statement of objections to Microsoft, alleging that Microsoft has failed to comply with a 2009 commitments decision, which required it to offer users of Microsoft operating systems a choice screen enabling them to choose an alternative web browser. Click here.
European Commission Work Programme 2013
The Commission has adopted its Work Programme for 2013, establishing the initiatives that it intends to deliver in 2013. These include review of the technology transfer block exemption, simplification of EU merger control procedures and review of state aid rules and guidelines. Click here.
OFT reviews merger of NHS Foundation Trusts
The OFT is reviewing the proposed merger between Poole Hospital NHS Foundation Trust and Royal Bournemouth and Christchurch Hospitals NHS Foundation Trust. The OFT has only recently been given responsibility for reviewing mergers of NHS Foundation Trusts under the Health and Social Care Act 2012 and this is the first occasion that it has used these powers. Click here.
Supreme Court rules on deadline for bringing damages claims
The Supreme Court has upheld the ruling of the Court of Appeal in the BCL Old Co. Limited case. The Court confirmed that the Competition Appeal Tribunal has no power to extend the deadline for bringing damages actions under section 47A of the Competition Act 1998. Click here.
EU
Article 101/102
- Details of an appeal by FLS Plast A/S against a judgment of the General Court in respect of its participation in the industrial bags cartel have been published in the Official Journal. Click here.
- Details of an appeal lodged by MasterCard against the judgment of the General Court upholding the Commission's decision which found that MasterCard's EEA multilateral interchange fee breached Article 101(1) have been published in the Official Journal. Click here.
UK
CAT
- The CAT has dismissed an application by the Association of Convenience Stores and the National Federation of Retail Newsagents for review of the OFT's decision not to conduct an update review assessing whether to make a reference to the Competition Commission of the market for newspaper and magazine distribution in the UK. Click here.
- The CAT has published a summary of a notice of a damages claim brought by 15 claimants against Tessenderlo Chemie N.V and its UK subsidiary, Britphos Limited. The claimants, purchasers of feed phosphates, are seeking damages for losses resulting from the infringement of Article 101(1) established in the Commission's decision on the animal feed phosphates cartel. Click here.
- The CAT has published orders in respect of the damages actions brought against Cardiff Bus, for losses resulting from its breach of the Chapter II prohibition of the Competition Act 1998. Click here.
- The CAT has decided to hear applications by Somerfield and Gallaher for an extension of time for permission to appeal against the OFT's tobacco retail pricing decision. Click here.
OFT
- The OFT is consulting on undertakings that it intends to accept from Edmundson Electrical Limited in lieu of referring its completed acquisition of the Electric Center business to the Competition Commission. Click here.
- The OFT is considering whether to accept undertakings offered by Midcounties Cooperative Limited in lieu of referring its completed acquisition of Tuffin Investments Limited, the grocery and fuel retailing business of Harry Tuffin Limited, to the Competition Commission. Click here.
- The OFT has published a decision of the Procedural Adjudicator dismissing a dispute in relation to the timing and public announcement of a statement of objections to be issued to InterContinental Hotels Group. Click here.
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