UK: Focus Antitrust Competition - Weekly Email Alert - 4 August 2010

Last Updated: 9 August 2010

Article by Paul Stone

Charles Russell Speechlys LLP

EUROPEAN NOTIFICATIONS AND PUBLICATIONS

European Courts

T-224/10: Association Belge des Consommateurs Tests-Achats v Commission. Details of an appeal against the European Commission's decision to conditionally approve the acquisition of Segebel by EDF have been published in the Official Journal. To read the Official Journal notification, click here.
T-384/09: SKW Stahl-Metallurgie Holding AG and SKW Stahl-Metallurgie GmbH v Commission. The General Court has published an order allowing an intervention by Arques Industries AG in the appeal by SKW Stahl-Meallurgie Holding AG and SKW Stahl-Metallurgie GmbH against the European Commission's decision on the calcium carbide and magnesium based reagents cartel. To read the Order, click here.

Mergers Invitation to Comment

COMP/M.5941: BDMI/DuMont Venture/Learnship - media company, investment in digital media technology companies. Candidate for simplified procedure. Interested parties should submit their comments by 13 August 2010. To read the notification, click here.
COMP/M.5785: Sun Capital/DSM Special Products - intellectual property rights ownership, production of fine chemicals. Interested parties should submit their comments by 10 August 2010. To read the notification, click here.
COMP/M.5886: Emerson Electric Co./Chloride Group - technological solutions for network power, electrical equipment, software, UPS systems. Interested parties should submit their comments by 08 August 2010. To read the notification, click here.
COMP/M.5888: Delek Europe/BP France Retail - fuel products, retail sale of motor fuels. Candidate for simplified procedure. Interested parties should submit their comments by 8 August 2010. To read the notification, click here.

Mergers – Phase II Proceedings

COMP/M.5830: Olympic Air/ Aegean Airlines – Interested parties should submit their comments by 7 December 2010. To read the press release, click here.

Mergers Cleared

COMP/M.5896: Credit Suisse/Barclays/Ionbond Group – global financial service providers. The full text of the decision will be available shortly.

State Aid

The European Commission has announced its decision to prolong its temporary approval of a recapitalisation package in favour of ABN Amro and Fortis Bank Nederland until it completed its in-depth investigation, under Article 108(2) TFEU, into the aid granted by the Dutch state to the two banks.

UK NOTIFICATIONS AND PUBLICATIONS

UK Courts

Conex Banninger Ltd v The European Commission: the High Court has dismissed an application for a reference to the ECJ as to whether a national court can make declaration about company's liability for fines for breach of Article 101. To read the judgment, click here.

CAT

The CAT has published transcripts of the hearing in the appeal by Telefonica O2 Limited (O2) against a decision by Ofcom to refuse O2's application for a variation of the terms of its Public Wireless Network Licence. To read the transcripts, click here and here.
The CAT has published the transcripts of hearings in the appeal by Durkan Holdings Limited, Durkan Limited and Concentra Limited against the OFT's construction bid-rigging decision. To read the transcripts, click here, here, here, here and here.
The CAT has published an order extending the deadline for Dwr Cymru to file its defence to the damages claim brought by Albion Water under section 47A of the Competition Act 1998. To read the Order, click here.

Consultations

Ofcom has published a consultation on the arrangements for cost sharing contained in the ITV Networking Arrangements. Interested parties should submit their comments by 5 October 2010. To read the consultation, click here.
The OFT has published a consultation on its proposal to recommend the extension of the duration of the public transport ticketing schemes block exemption. Interested parties should submit their comments by 20 October 2010. To read the consultation, click here.
The Competition Commission has published for consultation its provisional decision on remedies in relation to retail payment protection insurance (PPI). Interested parties should submit their comments by 3 September 2010. To read the consultation, click here.
Ofgem has published a consultation on a proposal to introduce a new condition in the draft generic offshore transmission owner (OFTO) licence. Interested parties should submit their comments by 12 August 2010. To read the consultation, click here.
Ofgem has published a consultation on the certification of transmission system operators to ensure that they are in compliance with the unbundling requirements contained in the EU third energy reform package. Interested parties should submit their comments by 23 September 2010. To read the consultation, click here.

Mergers – Full Text Decisions

The Competition Commission has published its provisional decision in respect of the proposed acquisition by FirstGroup plc (FirstGroup) of the Scottish Passenger Rail (ScotRail) franchise. The provisional decision proposes to vary the undertakings so as to allow FirstGroup to withdraw or modify 15 routes controlled by the undertakings. To read the full text of the provisional decision, click here.
ME/4522/10: Getty Images Inc/Rex Features Limited. The OFT has published the full text of its decision to refer the anticipated acquisition by Getty Images Inc of Rex Features Limited to the Competition Commission. To read the decision, click here.
ME/4488/10: Babcock International Group plc/ VT Group plc. To read the clearance decision, click here.

Miscellaneous

Ofcom has published a statement concerning its decision to remove the Airtime Sales Rules, relating to how broadcasters sell television advertising to media buyers and advertisers. It has also announced that it does not intend to launch a broader market study of TV advertising at this time To read the statement, click here.
The Department for Business, Innovation and Skills (BIS) has published a draft of its structural reform plan, setting out the measures that it intends to take to implement the reforms set out in the coalition government agreement. The main objective will be to help to deliver a fair and balanced economy and a well functioning market. To read the draft plan, click here.
BIS has announced that it has laid an order before Parliament to direct Ofcom to take action in relation to spectrum modernisation. To read the press release, click here.
The Electricity (Competitive Tenders for Offshore Transmission Licences) Regulations 2010 have been published. To read the Regulations, click here.
Ofgem has published an update letter on its review of its procedures for determining disputes. To read the letter, click here.
Ofgem has published an assessment of liquidity in the British wholesale electricity market. Interested parties should submit their comments by 10 September 2010. To read the assessment, click here.

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Paul Stone

Charles Russell Speechlys LLP

Email Firm

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