UK: Focus Antitrust - Competition Weekly Email Alert - 21 December 2011

Last Updated: 4 January 2012
Article by Paul Stone


The Competition Appeal Tribunal (CAT) has delivered a judgment allowing appeals brought by Imperial Tobacco and five retailers against the OFT's decision finding that they had infringed the Chapter I prohibition of the Competition Act 1998 in relation to the retail pricing of tobacco. The CAT has quashed the OFT's decision in relation to the appellants. Click here.

European Commission officials, accompanied by their counterparts from the relevant NCAs have conducted unannounced inspections at the premises of Brussels Airlines and TAP Portugal in Belgium and Portugal. The inspections relate to the Commission's investigation into code-sharing agreements on routes between the two airlines' respective hubs (Brussels-Lisbon). Click here.

The European Commission has decided to make legally binding commitments offered by International Business Machines Corporation (IBM), having been satisfied that the commitments address its concerns that IBM has abused its dominant position on the market for certain inputs that are required for the maintenance of IBM mainframes. Click here.


Articles 101 and 102

  • The European Commission has decided to open formal proceedings to investigate whether agreements between Honeywell and DuPont breach Article 101 TFEU and whether Honeywell has abused a dominant position in breach of Article 102 TFEU. Click here.
  • The General Court has delivered a judgment on an appeal by CDC Hydrogene Peroxide Cartel Damage Claims (CDC), an organisation bringing damages actions on behalf of undertakings harmed by the bleaching chemicals cartel, against a decision by the European Commission to refuse access to the statement of contents of the case file in a cartel investigation. The General Court has annulled the Commission's decision to refuse access. Click here.

Mergers – cleared

  • Bridgepoint/Infront. Click here.
  • Volkswagen Financial Services/D'Ieteren. Click here.
  • Volkswagen/KPI Polska, Skoda Auto Polska, VW Bank Polska and VW Leasing Polska. Click here.
  • Panrico/Oaktree. Click here.
  • Omega Pharma/Waterland and Alychlo. Click here.

Public Procurement

  • The European Commission has published its proposals for modernising the EU public procurement rules. Click here.

State Aid

  • The European Commission has adopted measures for the reform of the state aid rules on services of general economic interest. Click here.


  • Joaquin Almunia: "A fair and open system for payments in the Single Market", click here.


  • The Telecoms Council has adopted conclusions on the open internet and net neutrality in Europe. Click here.
  • The Telecoms Council has adopted a position at first reading on the draft decision on the multi-annual radio spectrum policy programme. Click here.



  • The CAT has delivered a judgment on the admissibility of evidence in a claim for damages brought by 2 Travel Group plc (in liquidation) against Cardiff City Transport Services Limited. Click here.
  • The CAT has refused Quarmby permission to appeal against its ruling on the costs of Quarmby's appeal against the OFT's decision in the construction cover pricing case. Click here.
  • The CAT has delivered a ruling on an application by Dwr Cymru to challenge passages of Albion Water's Amended Particulars of Claim, in Albion Water's action to seek damages from Dwr Cymru for breach of the Chapter II prohibition of the Competition Act 1998. Click here.
  • The CAT has published the transcripts of the main hearing in the appeal by Talk Talk to challenge Ofcom's decision on the wholesale broadband access charge control. Click here.
  • The CAT has published an order setting out the future progress of an appeal brought by Telefonica UK Limited under section 192 of the Communications Act 2003. Click here.

Competition Commission

  • The CC has published its final report on its market investigation into local bus services. Click here.
  • The CC has published the administrative timetable for its market investigation into the supply of statutory audit services to large companies in the UK. Click here.
  • The CC has published its provisional findings on the completed acquisition by Stericycle, Inc of Ecowaste Southwest Limited. Click here.
  • The CC is satisfied with the revised Heathrow Consultation and Information Protocol. Click here.


  • Mergers – invitation to comment: Abellio Greater Anglia ltd/theGreater Anglia Franchise. Click here.
  • Mergers – full text decisions: Autobar Group Limited/Provend Group Limited, click here; Electruepart/Espares, click here; Book Depository, click here; One Equity Partners/Linpac's Returnable Plastic Transit business, click here; Cavendish Square Partners/Keepmoat and Apollo, click here.
  • Mergers – undertakings in lieu: Betfred/Tote, click here.
  • Mergers – hold separate undertakings: FleetCor UK/AllStar Business Solutions, click here.
  • The OFT has decided to launch a market study into private motor insurance in the UK. Click here.


  • Ofcom has decided to exercise its discretion not to make a market investigation reference in relation to the UK TV advertising trading mechanism. Click here.
  • Ofcom has published its 2011 review of the international communications market. Click here.
  • Ofcom has decided to use its powers under the Communications Act 2003 to resolve a dispute between Cable & Wireless Worldwide plc and British Telecommunications plc. This dispute concerns the level of BT's charges for Wholesale Extension Services and Backhaul Extension Services. 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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