UK: Focus Antitrust Competition - Weekly Email Alert - 09 September 2010

Last Updated: 17 September 2010
Article by Paul Stone


European Courts

  • Case T-29/05: Deltafina SpA v European Commission – the General Court has delivered its judgment on an appeal by Deltafina against the decision taken by the European Commission to fine it for participation in a cartel on the Spanish raw tobacco market. To read the judgment, click here.
  • Case C-399/08P: Commission v Deutsche Post - the ECJ has delivered its judgment in an appeal by the European Commission against a ruling of the General Court which annulled a Commission decision finding that state measures granted in favour of Deutsche Post by the German authorities amounted to state aid that was incompatible with the single market. To read the judgment, click here.
  • Case T-386/09: Grúas Abril Asistencia, SL v Commission - the General Court has published an order dismissing as inadmissible an appeal by Gruas Abril Asistencia arising from the dismissal of its complaints by the Spanish national competition authorities and courts. The order is not yet available in English. To read the order in French, click here.
  • Case C-52/09: Konkurrensverket v TeliaSonera AB - Advocate General Mazak has delivered his opinion on the criteria for establishing margin squeeze. To read the opinion, click here.
  • Case C-290/07P: European Commission v Scott SAEuropean - the Court of Justice has upheld an appeal by the European Commission against a judgment of the General Court that had annulled part of a state aid decision. To read the judgment, click here.
  • Case C-362/09: Athinaïki Techniki AE v Commission of the European Communities - Advocate General Bot has delivered his opinion on an appeal against an order of the General Court which ruled that there was no further purpose in a state aid appeal. To read the opinion, click here.

Mergers Invitation to Comment

  • COMP/M.5977: Faurecia/Plastal – automotive equipment. Interested parties should submit their comments by 13 September 2010. To read the notification, click here.

Mergers Referred to European Commission

  • The European Commission has accepted referral requests, under Article 22 of the EU Merger Regulation, in relation to the acquisition of Sara Lee's household insecticide unit by SC Johnson. To read the press release, click here.

Mergers Cleared

  • COMP/M.5959: Carlyle/NBTY – asset management, vitamins, nutritional supplements. The full text of the decision will be available shortly.
  • COMP/M.5922: POSCO/Daewoo International – steel products, raw materials. The full text of the decision will be available shortly.
  • COMP/M.5940: Compagnie Plastic Omnium/Inergy Automotive Systems - plastic automotive components, environmental products, fuel systems. The full text of the decision will be available shortly.

Mergers – Full Text Decisions

  • COMP/M.5756: DFDS/ Norfolk – to read the conditional clearance decision, click here.


  • The European Parliament has adopted a resolution which calls on the European Commission and the competition authorities of member states to take action against anti-competitive practices and abusive buyer power in the food supply sector. To read the resolution, click here.



  • The CAT has issued a ruling refusing an application by Asda to amend its notice of appeal in the tobacco retail pricing case. To read the ruling, click here.
  • The CAT has published an order establishing a confidentiality ring to allow for the exchange of confidential information between the parties to the six appeals against the OFT's tobacco retail pricing infringement decision. To read the order, click here.
  • The CAT has published an order setting out the timetable for the future progress of the appeal by BT to challenge the final determination of Ofcom in relation to disputes about BT's charges for partial private circuits. To read the order, click here.

Mergers – Invitation to Comment

  • MWUK / Dimensions Clothing & Alexandra – corporate clothing. Interested parties should submit their comments by 20 September 2010. To read the invitation to comment, click here.

Mergers Cleared

  • Idox plc/Grantfinder Ltd – the full text of the decision will be available shortly. To read the notification, click here.


  • The Competition Commission has published a second updated version of its report on understanding past merger remedies. To read the report, click here.
  • The Competition Commission has published an issues statement as part of its market investigation into movies on pay TV. To read the press release, click here. To read the statement, click here.
  • The OFT has published the final version of its revised guidance on market studies. To read the guidance note, click here.
  • The OFT has launched a market study into the aggregates sector, which will consider how high barriers to entry, increasing market concentration at the local level, and government involvement in control over outputs in the sector influence competitive conditions. To read the press release, click here.
  • Ofcom has published a statement on the renewal of radio multiplex licences. To read the statement, click here.
  • Ofcom has agreed to resolve a dispute between Colt and BT relating to the termination rate payable by BT for the termination of calls originating on or transiting across BT's fixed network for termination on Colts fixed network. To read the announcement, 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.

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