In the News

European Commission proposes Directive on private enforcement of competition law

The European Commission has adopted a proposal for a Directive on how individuals and companies can claim damages when they are victims of infringements of the EU competition rules. The proposal aims to remove a number of practical difficulties which victims may face when they seek to receive compensation for damage they have suffered. In particular, the proposed measures cover disclosure of evidence, making decisions of national competition authorities binding on courts, rules on limitation periods and clarification of the passing on defence. In parallel, the Commission has adopted a recommendation encouraging Member States to set up collective redress mechanisms in order to seek to improve access to justice for victims of violations of EU law in general, including competition rules. The Commission has also adopted a Communication on quantifying harm in competition cases to provide guidance to Courts and parties in damages actions. Click here.

Competition Commission finds against Eurotunnel/SeaFrance merger

The Competition Commission has concluded that Eurotunnel should be prohibited from operating ferry services at the port of Dover, after the Competition Commission decided in its final report that Eurotunnel's acquisition of three ferries and other assets from the former ferry operator, SeaFrance, could mean higher prices for cross-Channel passengers and freight customers. This confirms the Commission's provisional findings published in February. Click here.

Competition Commission provisionally clears drinks merger

The Competition Commission has provisionally concluded that the proposed acquisition by AG Barr of Britvic would not result in a substantial lessening of competition. AG Barr and Britvic are both active in the manufacture and supply of a range of carbonated and non-carbonated soft drink brands: IRN-BRU is the largest AG Barr brand, with other brands including Orangina, KA and Rubicon. Britvic's brands include Robinsons, Fruit Shoot, Tango and Pepsi. The Commission's assessment suggested that the two companies' brands were not close competitors. The Commission also concluded that the increased size of the merged company would not mean that new entrants and smaller companies would be disadvantaged significantly in obtaining listings at retailers. Click here.

Timetable published for commencement of new UK competition legislation

The Department for Business, Innovation & Skills has published indicative timetables for when the provisions of the Enterprise and Regulatory Reform Act 2013 will come into force. Most of the provisions relating to the establishment of the Competition and Markets Authority will come into force on 1 October 2013. The revisions to the Competition Act 1998 and Enterprise Act 2002 will come into force on 1 April 2014. Click here.

EU

Articles 101 and 102

  • The ECJ has issued its ruling on a reference from the Austrian Cartel Court on whether a national law is compatible with EU law, where it prohibits third party access to documents that have been placed before the Cartel Court, without the consent of the parties to the proceedings. The ECJ concluded that the national law is contrary to the principle of effectiveness under EU law. This is on the basis that, making access to documents provided under a leniency programme subject to the consent of all parties to the proceedings, does not allow the national court to weigh up the interests involved in accordance with the ECJ's judgment in the Pfleiderer case. Click here.

Mergers

  • The General Court has dismissed Spar's appeal against the European Commission decision which cleared the REWE/Adeg merger subject to conditions. The Court concluded that Spar had not shown that the Commission committed any manifest errors in its assessment of the competitive effects of the merger or in not opening a Phase II investigation. Click here.

UK

Competition Appeal Tribunal

  • The CAT has refused the OFT permission to appeal against the decision extending time for Somerfield and Gallaher to appeal the OFT's tobacco retail pricing decision. Click here.

Competition Commission

  • The Competition Commission is consulting on a further possible remedy in relation to its statutory audit services market investigation. The remedy would give the Financial Reporting Council a secondary duty to promote competition between firms providing audits to FTSE 350 companies. Click here.

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