UK: Focus Antitrust - Competition Weekly Alert, 25 August 2010

Last Updated: 26 August 2010
Article by Paul Stone

According to the ECJ Calendar, the long awaited judgment in Akzo Nobel Chemicals and Akcros Chemicals v Commission and Others (Case C-550/07) will be handed down on 14 September 2010. This judgment is expected to resolve the key issue of whether legal professional privilege under EU law applies to communications with in-house lawyers. To follow the ECJ Calendar, click here.

European Notifications and Publications

Mergers Invitation to Comment

  • COMP/M.5944: Osaka/UFG/Infrastructure Arzak/Saggas – energy, natural gas. Interested parties should submit their comments by 3 September 2010. To read the notification, click here.
  • COMP/M.5784: Magna/Semikron/JV – automotive systems, power electronics. Candidate for simplified procedure. Interested parties should submit their comments by 31 August 2010. To read the notification, click here.
  • COMP/M.5952: CPPIB/Onex/Tomkins - professional management organisation, industrial, automotive and building products. Candidate for simplified procedure. Interested parties should submit their comments by 31 August 2010. To read the notification, click here.
  • COMP/M.5911: TenneT/Elia/Gasunie/APX-Endex - energy exchange. Interested parties should submit their comments by 29 August 2010. To read the notification, click here.
  • COMP/M.5955: Metinvest/IISW – steel production, mining. Candidate for simplified procedure Interested parties should submit their comments by 29 August 2010. To read the notification, click here.

Mergers Cleared

  • COMP/M.5935: Vion/ Weyl – international livestock. To read the press release, click here.
  • COMP/M.5925: MetLife/Alico/DelAm – life insurance, wealth management. To read the press release, click here.
  • COMP/M.5886: Emerson Electric/Chloride Group – electrical software, technological solutions. To read the press release, click here.
  • COMP/M.5875: Lactalis/ Puleva Dairy – dairy. To read the press release, click here.
  • COMP/M.5941: Learnship Networks/Bertelsmann – media, newspapers. The full text of the decision will be available shortly.
  • COMP/M.5947: Multiplan Holdings/Silver Lake and BC Partners – health care, private equity. The full text of the decision will be available shortly.
  • COMP/M.5888: BP France/Delek Group – retail fuels business. The full text of the decision will be available shortly.
  • COMP/M.5938: Dimension Data Holdings/Nippon Telegraph and Telephone Corporation – telecommunications, IT services. The full text of the decision will be available shortly.
  • COMP/M.5923: Energji Ashta Shpk/EVN AG and Verbund AG – electricity. The full text of the decision will be available shortly.
  • COMP/M.5917: Triton/Tyco Waterworks Europe – private equity, water industry. The full text of the decision will be available shortly.

State Aid

  • The European Ombudsman has published a decision finding that there was no maladministration by the European Commission in its handling of a complaint about an alleged breach of the state aid rules. To read the decision, click here.
  • The European Commission has approved the recapitalisation of the Dutch insurance firm, AEGON. To read the press release, click here.


The European Ombudsman has published its decision on complaints about the European Commission's use and presentation of certain data in its 2009 report on the functioning of the telecoms market. To read the decision, click here.

UK Notifications and Publications


  • The CAT has published a notice of an appeal brought by Everything Everywhere Limited against an Ofcom determination of a dispute between Stour Marine and O2 about termination rates. To read the notice of appeal, Click here.


  • Ofcom has published a consultation on reserving the spectrum band 2500-2690 MHz (the 2.6 GHz band) for use during the London 2012 Olympic Games. Interested parties should submit their comments by 17 September 2010. To read the consultation, click here.
  • Ofcom has issued a second consultation document on its review of the wholesale broadband access market. Interested parties should submit their comments by 1 October 2010. To read the consultation, click here.
  • The OFT has published for consultation a draft guidance document on its Competition Act 1998 investigation procedures. Interested parties should submit their comments by 12 November 2010. To read the consultation, click here.

Mergers – Full Text Decisions

  • ME/4604/10: DS Smith plc/Otor S.A. – to read the full text of the clearance decision, click here.


  • Ofcom has published its decision finding that Sky has breached the terms of the "wholesale must offer condition" of each of the Television Licensable Content Service licences for Sky Sports 1 and Sky Sports 2 in relation to the terms offered to Top Up TV. To read the decision, click here.
  • Ofcom has published its Communications Market Report 2010, containing the results of its research on key developments in the communications sector in the last year. To read the report, click here.
  • Ofcom has published its final statement on its review of retail and wholesale ISDN30 markets, concluding that there are discrete markets for ISDN30 services at both the retail and wholesale levels. To read the statement, click here.
  • The Competition Commission has announced its decision to carry out a shortreview of how it conducts telecoms appeals. To read the press release, click here.
  • The ORR has published its decision finding that DB Schenker Rail (UK) Limited (DBS) has not breached the Chapter II prohibition of the Competition Act 1998 or Article 102 of the TFEU. To read the decision,

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.

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