UK: Focus Antitrust - Competition Weekly Email Alert - 03 August 2011

Last Updated: 15 August 2011
Article by Paul Stone

In the News

The CAT has delivered its judgment on appeals by BT and Everything Everwhere against Ofcom's determinations of disputes relating to changes to BT's termination charges for 080 and 0845/0870 numbers. The CAT held that, contrary to Ofcom's determination, BT's price changes are fair and reasonable and that BT had the right to introduce the changes. Click here.

The High Court has ruled that Ofcom did not have the power to vary the 2G and 3G wireless telegraphy licences so that they could be reissued in the name of Everything Everywhere Limited rather than Orange Personal Communications Service Limited, following the merger between Orange and T-Mobile. Click here.


European Courts

  • Details of two appeals lodged by the European Commission and an appeal by Viega against the judgments of the General Court in relation to the copper fittings cartel have been published. Click here, here and here.
  • The General Court has rejected an application for interim measures in an appeal by Fapricela – Indústria de Trefilaria, SA against the European Commission's decision on the pre-stressing steel cartel. Click here to read the order in French.

Article 101/102

  • Details of an action brought by the Italian cement company Buzzi Unicem to challenge a decision of the European Commission to request information under Article 18 of Regulation 1/2003 have been published in the Official Journal. Click here.

Mergers – Cleared

Mergers – Invitation to Comment

State Aid

  • The ECJ has dismissed an appeal by Mediaset SpA against the General Court's judgment which had upheld a European Commission decision finding that subsidies granted to consumers in Italy for the purchase of certain digital terrestrial decoders constituted unlawful state aid. Click here.
  • A European Commission notice on state aid recovery interest rates and reference/discount rates for all 27 EU member states applicable from 1 August 2011 has been published in the Official Journal. Click here.
  • The European Commission has published a follow-up consultation on a Draft Framework on state aid to shipbuilding. Click here.


Competition Commission

  • The CC has accepted interim undertakings from both BATS Global Markets Inc and Chi-X Europe in relation to the anticipated acquisition by BATS Global Markets Inc of Chi-X Europe Limited. Click here.

Competition Appeal Tribunal

  • The CAT has delivered its judgment on Ryanair's application for review of the OFT's decision that it is "in time" to investigate Ryanair's acquisition of a minority stake in Aer Lingus. Click here.
  • The CAT has stayed an action for damages brought by Deutsche Bahn and a number of other claimants against participants in the carbon and graphite products cartel. Click here.
  • The CAT has dismissed an application by RG Carter Limited, RG Carter Building Limited, RG Carter Construction Limited and RG Holdings Limited for an extension of time in which to lodge a notice of appeal against the OFT decision fining construction companies for infringements of the Chapter I prohibition of the Competition Act 1998. Click here.
  • The CAT has published the transcript of the hearing of an application for costs by Hays PLC, Hays Specialist Recruitment Limited and Hays Specialist Recruitment (Holdings) Limited, arising from its appeal against the fines imposed by the OFT in its construction recruitment agencies decision. Click here.


  • Mergers – full text decisions: Digital Healthcare/Orion Imaging , click here; Smiths News/Dawson Holdings: click here.
  • Mergers – invitation to comment: Connect Distribution Services Limited of e-Spares Limited; Greencore Foods Limited/Uniq plc: click here.
  • Mergers – cleared: Diamond Foods, Inc/Procter & Gamble Company; Scientific Games Corporation/Barcrest Group Limited and Cyberview Technology CZ s.r.o. Click here.
  • Mergers – hold separate undertakings: Princes Limited/Premier Foods Group Limited, click here.
  • The OFT has published a consultation on its provisional decision to refer the market for statutory audit services to large companies in the UK to the Competition Commission for a market investigation under the Enterprise Act 2002. Click here.

Public Procurement

  • The Defence and Security Public Contracts Regulations 2011, implementing Directive 2009/81 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts in the field of defence and security, have been published. Click here.


  • Ofcom has published the results of its latest research on fixed line broadband speeds in the UK. Click here.
  • Ofcom has published its second annual Digital Progress Report covering developments in the digital radio market. Click here.
  • Ofcom has decided to amend the Premium Rate Services Condition to mirror the remit of PhonepayPlus under its new Code of Practice, which enters into force on 1 September 2011. 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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