Competition Weekly Email Alert
In the News
The ECJ has delivered a judgment on a reference from a German court regarding third party access to documents provided under a leniency programme. The Court held that Regulation 1/2003 does not prevent a person who has been adversely affected by a breach of EU competition law from being granted access to documents relating to a leniency application by the perpetrator of the breach. It is for the member states to determine under national law, by balancing the interests protected under EU law, whether or not to allow access to the documents. Click here.
European Commission officials and their counterparts from the relevant national competition authorities have conducted unannounced inspections at the premises of companies active in the supply of car seat belts, airbags and steering wheels on the basis that there may be reason to believe that the companies may have engaged in anticompetitive practices in breach of Article 101 TFEU. Click here.
The High Court has ruled in a dispute between Arqiva, the communications-infrastructure owner, and mobile-network operators with whom it had contracted, on issues relating to the merger between T-Mobile and Orange, now known as Everything Everywhere. The case raised various issues, including questions about what is meant by "roaming" and what constitutes a valid transfer of a radio-spectrum licence under section 30 of the Wireless Telegraphy Act 2006. Click here.
EU
Article 101
Compana Espanola de Tabaco en Rama (Cetarsa) is appealing against a judgment of the General Court that largely upheld the European Commission's decision to fine it for participation in a cartel on the Spanish raw tobacco market. A notice of appeal to the ECJ has been published. Click here.
Details of an appeal by the Ordre national des pharmaciens, the Conseil National de L'Ordre des Pharmaciens and the Conseil Central de la Section G de L'Ordre national des Pharmaciens against the European Commission's decision to fine them EUR5 million for issuing decisions that infringed Article 101 TFEU have been published in the Official Journal. Click here.
Mergers - Cleared
Parmalat/Lactalis. Click here.
Trevira/Indorama/Sinterama. Click here.
Pfizer/Ferrosan's Consumer Health Care Business. Click here.
Speeches
Neelie Kroes: "Spectrum must be backbone of internet revolution, not the bottleneck." Click here.
UK
CAT
The CAT has refused BT permission to appeal against its judgment dismissing the appeal by BT against a final determination by Ofcom to resolve disputes between BT and each of Cable & Wireless, THUS, Global Crossing, Verizon, Virgin Media and COLT about BT's charges for partial private circuits. Click here.
The CAT has refused Emerson Electric Co and others (the claimants) leave to appeal against a judgment in which it struck out the claims for damages brought against Mersen UK Portslade Ltd, formerly Le Carbone (Great Britian) Ltd. Click here.
Competition Commission
The CC has published its final report clearing the acquisition by Ratcliff Palfinger Limited of the commercial tail lift spare parts business of Ross & Bonnyman Limited. Click here.
OFT
The OFT has issued a consultation on its provisional decision that proposals by ITV to modify the geographic basis on which it sells ITV1 advertising airtime are compatible with ITV's Contract Rights Renewal Undertakings, which were accepted in 2003 as a condition to the merger of Carlton Communications Plc and Granada plc. Click here.
The OFT and CC have published their responses to the BIS consultation on options for reforming the UK competition regime. Click here and here.
Mergers cleared: Capita Group plc/the health and government consulting business of Tribal Group plc; European Aeronautic Defence and Space Company NV/Vector Aerospace Corporation; Rentokil Initial plc/the pest control, fire and water businesses of Connaught plc; Pearson plc/Education Development International plc; Danone Holdings (UK)/Complan Foods Limited. Click here.
Mergers - undertakings in lieu: Integrated Dental Holdings/Associated Dental Practices. Click here.
Mergers - Invitation to Comment: Smiths News plc/Dawson Holdings plc; Diamond Foods Inc/the Pringles business of the Procter & Gamble Company; Kingfisher plc/ of stores from Focus (DIY) Limited (in administration) and Do It All Limited (in administration). Click here.
Other
Ofcom has published a consultation document on whether to make a market investigation reference to the CC in relation to the TV advertising market. Click here.
Ofcom has published an updated version of the guidelines that it will apply when imposing penalties under the Communications Act 2003. Click here.
Ofcom has published for consultation a draft determination to resolve a dispute between BT and each of Digital Region Limited and Thales UK Limited concerning certain BT charges for three sub-loop unbundling wholesale connection and rental products Click here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Mr Paul Stone
Charles Russell LLP
5 Fleet Place
London
EC4M 7RD
UNITED KINGDOM
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