IN THE NEWS
Commission seeks comments on commitments offered in e-books investigation
Following its investigation into whether four e-book publishers (Hachette, Harper Collins, Holtzbrinck/Macmillan, Simon & Schuster) and Apple had engaged in a concerted practice to raise the retail prices of e-books, contrary to Article 101, the European Commission is now consulting on the commitments offered by the parties to address the Commission's competition concerns. The parties have proposed to terminate the agency agreements that exist between them and with other retailers, refrain from using a price MFN clause in agreements pertaining to the sale of e-books within the EEA for a period of five years and have agreed not to restrict the ability of e-book retailers to set retail prices or offer discounts in respect of e-books for a period of two years. Click here.
Acquisition by Universal of EMI's recorded music business cleared with Conditions
Following a Phase II investigation into the acquisition of EMI's recorded music business by Universal, the European Commission has conditionally cleared the proposed acquisition. To address the Commission's concern that the acquisition would have allowed Universal to worsen licensing terms offered to digital platforms, Universal has offered divestment commitments which the Commission considers will serve to protect competition on the digital music markets. Click here.
Adverse provisional findings announced in Akzo Nobel/Metlac merger
The Competition Commission has provisionally concluded that the proposed merger between Akzo Nobel and Metlac would be likely to produce anticompetitive effects in the market for metal packaging, since other suppliers would not effectively be able to constrain the merged entity from raising its prices. The CC considered that its concerns were reinforced by barriers to entry and insufficient countervailing buyer power. The CC takes the view that the only effective remedy in this case would be prohibition of the merger itself. Click here.
EU
Article 101/102
- The General Court has dismissed an appeal by Protégé International Ltd, against the Commission's decision to refuse to investigate a complaint of alleged abuse of dominance by Pernod Ricard, due to a lack of Community interest. The General Court has held that the Commission was correct in concluding that the matter did not have a sufficient Community interest. Click here.
UK
OFT
- The OFT has accepted hold separate undertakings in respect of the acquisition by CAE Luxembourg Acquisition of Oxford Aviation Academy Luxembourg. Click here.
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