UK: Competition Weekly Email Alert

Last Updated: 29 September 2010
Article by Paul Stone

In the News

The OFT and Competition Commission have published the final version of their new joint merger assessment guidelines. To read the guidelines, click here.

European Notifications and Publications

European Courts

  • Cases C-514/07P: Sweden v API and Commission, C-528/07P: API v Commission and C-532/07P: Commission v API - the ECJ has delivered its ruling in three appeals against a General Court judgment regarding access to Commission pleadings in actions before the European Courts. To read the judgment, click here.
  • Case C-32/09 P(R): Artisjus Magyar Szerzői Jogvedő Iroda Egyesulet v European Commission - the ECJ has published an order dismissing an appeal against an order of the General Court, which refused to grant interim measures in favour of an appellant against the CISAC infringement decision. To read the order, click here.
  • Case T-34/06: Universal Corp v Commission – the General Court has published an order removing the appeal lodged by Universal Corp against the European Commission's decision on the Italian raw tobacco cartel from its register. To read the order, click here.
  • Case T-58/09: Schemaventotto SpA v European Commission - the General Court has published an order by which it ruled that an appeal by Schemaventotto SpA against a decision of the European Commission to close proceedings against Italy under Article 21 of the EU Merger Regulation is inadmissible. The order is not yet available in English. To read the order in French, click here
  • Case C-306/08: European Commission v Kingdom of Spain - Advocate General Jaaskinen has delivered an opinion on an action brought by the European Commission against Spain's application of the public procurement rules to urban development schemes. To read the opinion, click here

Mergers Invitation to Comment

  • COMP/M.5948: Banco Santander/Rainbow – retail banking. Interested parties should submit their comments by 2 October 2010. To read the notification, click here.
  • Case COMP/M.5965: Brookfield/Prime – infrastructure assets. Candidate for simplified procedure. Interested parties should submit their comments by 2 October 2010. To read the notification, click here.
  • COMP/M.5972: CKI/HEH/EDF (UK Electricity Distribution Business) – electricity generation, transmission and distribution. Candidate for simplified procedure. Interested parties should submit their comments by 27 September 2010. To read the notification, click here.
  • COMP/M.6000: E.ON/PP (II) – gas, electricity, heat (Czech Republic). Candidate for simplified procedure. Interested parties should submit their comments by 26 September 2010. To read the notification, click here.
  • COMP/M.5968: Advent/Bain Capital/RBS Worldpay – private equity. Interested parties should submit their comments by 26 September 2010. To read the notification, click here.

Mergers Cleared

  • COMP/M.5944: Saggas/Osaka – liquid natural gas, electricity, gasification. The full text of the decision will be available shortly. To read the press release, click here."
  • COMP M.5911: TenneT/ Elia/ Gasunie/ APX-ENDEX – electricity and gas. To read the press release, click here."
  • COMP/M.5784: Vepoint / Magna International / Semikron Elektronik – automotive supplier, electronic producer. The full text of the decision will be available shortly. "
  • COMP/M.5967: Permira/Compagnia Surgelati Italiana – private equity, frozen food products. The full text of the decision will be available shortly.
  • COMP/M.5921: Triton/Ovako – management advice, low-alloy and carbon steels. The full text of the decision will be available shortly.
  • COMP/M.5955: Metinvest / IISW – mining, metals, steelwork. The full text of the decision will be available shortly.

Public Procurement

  • The European Ombudsman has published a decision finding that the European Anti-Fraud Office (OLAF) had failed to properly examine whether a contract for the financing of a new European Parliament building should have been tendered in accordance with the public procurement rules. To read the press release, click here.

State Aid

The European Commission has issued a statement on the implications of any possible merger of WestLB and BayernLB on the Commission's investigations into state aid granted to the banks. To read the press release, click here.


  • Joaquin Almunia: "Due process and competition enforcement" – to read the speech, click here.


  • The European Commission has published three measures which are intended to facilitate the delivery of fast and ultra-fast broadband, in accordance with the Europe 2020 strategy and the Digital Agenda. To read the press releases, click here. here, here, and here.
  • The OECD has published a paper setting out the proceedings of a policy roundtable on the competition policy implications of margin squeeze cases. To read the paper, click here.
  • The OECD has published a paper setting out the proceedings of a policy roundtable on competition, concentration and stability in the banking sector. To read the paper, click here.
  • The European Regulators' Group for Electricity and Gas (ERGEG) has published a status review of end-user price regulation, i.e. prices subject to regulation by a public authority. To read the review, click here.

UK Notifications and Publications


  • The CAT has published a ruling to dispose of the appeal by Cable & Wireless against parts of Ofcom's decision in relation to leased line charge control. To read the ruling, click here


  • Ofcom has issued a consultation document on draft guidance on fair and reasonable charges for fixed geographic call termination. Interested parties should submit their comments by 26 November 2010. To read the consultation, click here.
  • Ofcom has issued a consultation on proposed modifications to the Ofcom Metering and Billing Direction 2008 and to General Condition 11 Interested parties should submit their comments by 18 October 2010. To read the consultation, click here.

Mergers – Invitation to Comment

  • Dorf Ketal / Johnson Matthey – titanate and zirconate. Interested parties should submit their comments by 1 October 2010. To read the invitation to comment, click here.


  • The Competition Commission has published its notice of acceptance of undertakings varying ITV's Contracts Rights Renewal undertakings (the CRR Undertakings), which were accepted in 2003 as a condition to the merger of Carlton Communications Plc and Granada Plc. To read the notice, click here.
  • Ofcom has announced that it will determine a dispute between TelNG and Gamma about a number of charges for interconnection and porting levied by Gamma on TelNG under its Carrier Services Agreement. To read the announcement, click here.
  • Ofcom has published a report on the technical options for the delivery of local television services in the UK. To read the report, click here.
  • The Communications Act 2003 (Maximum Penalty for Persistent Misuse of Network or Service) Order 2010 (SI 2010/2291) has been published, increasing the maximum penalty for persistent misuse from £50,000 to £2,000,000. To read the Act, click here.
  • The OFT has announced that it is investigating suspected cartel activity amongst UK commercial vehicle manufacturers. To read the announcement, click here.
  • The OFT has announced that it is conducting a formal investigation into suspected breaches of competition law in the hotel online booking sector. To read the announcement, click here.
  • The OFT has announced further management changes to complete its senior team line up. To read the press release, click here.
  • Ofwat has published its prioritisation principles for deciding whether to conduct an investigation under the Competition Act 1998, which explains the principles that it will use in deciding whether to open or continue investigations under the Competition Act and in deciding whether and what enforcement action it should take. To read the prioritisation principles, 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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