UK: Focus Antitrust: Competition Weekly Email Alert - 4 May 2011

Last Updated: 6 May 2011
Article by Paul Stone

In the News

The European Commission has opened two investigations into suspected breaches of Article 101 and/or Article 102 TFEU in the Credit Default Swaps (CDS) market. The first concerns the CDS information market, where the Commission is concerned that only one company (Markit) is being provided with essential information by the investment banks involved. It is examining whether this is the result of collusion or an abuse of collective dominance. The second is in relation to concerns that agreements between nine CDS dealers and ICE Clear Europe have the effect of market foreclosure. Click here.

The Supreme Court has refused permission for Safeway to appeal the Court of Appeal's ruling in Safeway Stores Limited & Others v Twigger & Others. The ruling held that fines imposed on an undertaking under the Competition Act 1998 are "personal" to that undertaking, such that undertakings cannot recover fines or the costs of an OFT investigation from employees or directors who carried out the infringing behaviour. Click here.


European Courts

  • Prezes Urzędu Ochrony Konkurencji i Konsumentów v Tele2 Polska sp. zoo, now Netia SA w Warszawie. The ECJ has delivered its judgment on a reference from the Polish Supreme Court on the powers of national competition authorities. It held that, under Article 5 of Regulation 1/2003, NCAs do not have the power to take a decision finding that there has been no breach of Article 102 TFEU. Rather, their power is limited to the adoption of a decision stating that there are no grounds for action. A finding that there has been no breach of Article 102 can only be made by the European Commission, even if Article 102 is applied in a procedure undertaken by an NCA. Click here.

European Commission

  • The European Commission has published for consultation draft best practices for co-operation between national competition authorities in multi-jurisdictional merger cases, which fall below the thresholds of the EU Merger Regulation but require notification in several member states. Click here.

Article 101

  • Details of an appeal by LG Display Co. Ltd and LG Display Taiwan against the European Commission's decision that six manufacturers of LCD panels operated an illegal price-fixing and information exchange cartel have been published in the Official Journal. LG alleges that the Commission incorrectly calculated the fine imposed, that it was wrongly denied immunity from fines for 2005 (contrary to the Leniency Notice), and that the Commission erred in not granting an additional reduction in its fine for assistance which went beyond its obligations under the Leniency Notice. Click here.
  • The European Commission has opened an investigation into whether a settlement agreement in relation to patent infringement disputes in the UK and USA between the pharmaceutical companies Cephalon and Teva has the object or effect of hindering the entry of generic Modafinil in the EEA, contrary to Article 101 TFEU. Click here.

Mergers – Cleared

Mergers – Invitation to Comment

State Aid

  • A European Commission notice on state aid recovery interest rates and reference/discount rates for all 27 EU member states applicable as from 1 May 2011 has been published in the Official Journal. Click here.


  • Joaquin Almunia: "Reforming EU State aid rules on public services: The way forward". Click here.


Competition Appeal Tribunal

  • The CAT has dismissed two appeals brought by BT under section 192 of the Communications Act 2003 challenging Ofcom's jurisdiction to determine two disputes between BT and various communications providers in respect of BT's termination charges for calls to 080 numbers, and its charges for "Ethernet" facilities pending appeals before the CAT on overlapping issues. Click here.
  • The CAT has handed down its judgments on the appeals by North Midland Construction, AH Willis & Sons and GMI Construction against the OFT's decision in the construction cover pricing/ bid-rigging case. The CAT reduced the total fine imposed on North Midland from L1,543,813 to L300,000, and set aside the penalties imposed on AH Willis and GMI Construction. Click here, here and here.

Competition Commission

  • The CC has published draft merger procedural guidance for consultation. The guidance explains the main stages of a merger inquiry and the CC's procedures in relation to information gathering, assessment, the negotiation of remedies and the implementation of remedies. Click here.
  • The CC has published an initial draft of revised market investigation guidelines for consultation. The draft guidelines discuss the role and origin of market investigations, the meaning of "adverse effect on competition" and the CC's general approach to applying this test, remedies and procedures. Click here. "
  • Sector Treasury Services Ltd / Butlers: the CC has published an issues statement as part of its investigation into the completed acquisition by STS of Butlers, setting out the areas it intends to examine in relation to market definition, counterfactual and its current theory of harm. Click here.
  • Thomas Cook/Co-operative Group/ Midlands Co-operative joint venture: the CC has published an issues statement as part of its investigation into the joint venture Click here. " The CC has published its final report on its review of undertakings given by Kemira Growhow Oyj and Terra Industries Inc following the CC's 2007 report on the joint venture between the companies. Click here.
  • The CC has published guidance on telecommunications price control appeals under section 193 of the Communications Act 2003, following a review of the telecommunications price control appeal process. The guidance is intended to assist parties and their advisers involved in such appeals. Click here.


  • The OFT has decided to release General Healthcare Group Holding Partnership LLP (GHG) from the undertakings in lieu (given in relation to GHG's acquisition of four hospitals controlled by the Covenant Healthcare Group) requiring it to divest the Abbey Carrick Glen hospital. Click here.
  • Advent International Corporation / Priority Investment Holdings Limited: full text of clearance decision published. Click here.
  • MBL/ TrigoldCrystal: full text of decision to refer to the Competition Commission published. Click here.
  • Mergers – Invitation to Comment: Hanover Insurance Group, Inc / Chaucer Holdings plc; Asda Stores Limited / Kings Lynn store; Walstead / St Ives. Click here.


Ofcom has published a statement setting out guidance on the wholesale termination rates charged by landline operators for calls to geographic telephone numbers (01 and 02 numbers). 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.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
Charles Russell Speechlys LLP
Charles Russell Speechlys LLP
Charles Russell Speechlys LLP
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Charles Russell Speechlys LLP
Charles Russell Speechlys LLP
Charles Russell Speechlys LLP
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions