UK: Focus Antitrust - Competition Weekly Email Alert - 19 October 2011

Last Updated: 25 October 2011
Article by Paul Stone

In the News

The ECJ has delivered its ruling in a preliminary reference from the Paris Court of Appeal which questioned the application of Article 101 TFEU to selective distribution agreements that contain absolute bans on selling cosmetics and personal care products to end-users. The ECJ held that a contractual clause that amounted to an absolute ban on internet selling was a restriction by object within the meaning of Article 101(1) TFEU unless it was objectively justified. Click here.

The European Commission has found that two importers of bananas operated an illegal price-fixing cartel in breach of Article 101 TFEU. The Commission held that reference prices were co-ordinated on a weekly basis from July 2004 to April 2005 for bananas imported into Italy, Greece and Portugal. Pacific Fruit has been fined €8.919 million, whilst Chiquita received full immunity from fines. Click here.

The General Court has delivered its judgments on appeals by Agroexpansión SA and Alliance One International Inc against the European Commission's decision to fine them jointly and severally for their participation in a cartel on the Spanish raw tobacco market. The General Court held that the Commission had not erred in holding Agroexpansión and Dimon jointly and severally responsible for Agroexpansión's involvement in the cartel. However, it found that the Commission had not attributed enough credit for Agroexpansión's co-operation and reduced the fine from €2,592,000 to €2,430,000. Click here and here.


Articles 101 and 102

  • The European Commission has published the final version of its Notice on best practices for the conduct of proceedings concerning Articles 101 and 102 of the TFEU. Click here.
  • The European Commission has published the final version of best practices for the submission of economic evidence and data collection in cases relating to the application of Articles 101 and 102 of the TFEU and in merger cases. Click here.

EU Courts

  • Association belge des consommateurs test-achats v Commission: the General Court has held that an appeal by a Belgian consumer group against the European Commission's decision to approve subject to conditions the EDF/Segebel merger was inadmissible on the basis that the consumer group was not individually concerned and so did not have standing to challenge the substance of the decision. Click here.

Mergers – invitation to comment

Mergers – Phase II investigations

  • Details of an appeal by Western Digital against a European Commission decision in relation to its Phase II investigation into Western Digital's proposed acquisition of Viviti Technologies have been published. Click here.
  • Details of an appeal by Editions Odile Jacobs against the European Commission's decision to re-approve Wendel as purchaser of assets divested as a condition of the approval in 2004 of the Lagardere/Natexis/VUP merger have been published. Click here.

Mergers – cleared


  • Alexander Italianer: "Zero tolerance for international cartels", click here.
  • Joaquin Almunia: "Building Europe's future payments market", click here.


  • The European Commission has announced that DG Competition and the US Federal Trade Commission and Antitrust Division of the Department of Justice have agreed revised best practices for cases where the Commission and a US agency are reviewing the same merger. Click here.



  • The CAT has published a ruling on admissibility of evidence in the appeals by British Telecommunications plc, Vodafone Ltd, Hutchison 3G UK Limited and Everything Everywhere Ltd against Ofcom's 2011 decision on the wholesale mobile voice call termination price control. Click here, here, here and here.
  • The CAT has delivered its ruling on applications by Eden Brown and Hays for the costs of their appeals against the fines imposed by the OFT in the construction recruitment agencies cartel decision. Click here and here.
  • The CAT has published a notice of an appeal lodged by Tesco to challenge the OFT's decision fining Tesco for its involvement in two infringements of the Chapter I prohibition in relation to the retail pricing of cheese. Click here.
  • The CAT has dismissed an application by Cardiff Bus for security of costs against 2 Travel Group plc, which is seeking damages from Cardiff Bus under section 47A of the Competition Act 1998. Click here.

Competition Commission

  • The CC has published its issues statement as part of its inquiry into the completed acquisition by Stericycle of Ecowaste Southwest. Click here.
  • The CC has published a working paper on route and urban area analysis as part of its market investigation into local bus services. Click here.
  • The CC has published for consultation draft undertakings that it intends to accept from BAA to require it to divest either Edinburgh or Glasgow Airport and Stansted Airport. Click here.


  • Mergers – invitation to comment: Investec plc/Evolution Group plc; PHS Group plc/ Albany Facilities Limited, click here.
  • Mergers – cleared: London Stock Exchange plc/the Transaction Reporting System business of the Financial Services Authority; INRIX/ITIS Holdings plc; Carefusion Corporation/Rowa, click here.
  • Mergers – full text decisions: Survitec Group Limited/Marine Division of Cosalt plc, click here; Survitec Group Limited/SOLAS Division of Zodiac Marine & Pool SASU, click here; Odeon Cinema Holdings/assets of Reel Cinemas, click here
  • Mergers – referred to the Competition Commission: Kent Messenger Group/ several newspapers from Northcliffe Media Limited, click here.
  • The OFT has published its market study on off-grid energy. Click here.


  • Philip Collins: "Competition in Professions", 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.

In association with
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
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). 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 & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd 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 or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.