UK: Focus Antitrust - Competition Weekly Email Alert - 30 October 2013

Last Updated: 5 November 2013
Article by Paul Stone and Elora Mukherjee

In the News

ECJ dismisses Kone appeal against General Court judgment in lifts and escalators cartel

The ECJ has dismissed an appeal by companies in the Kone group against the General Court's judgment on their appeal against the European Commission's decision in the lifts and escalators cartel. The ECJ considered that the General Court had not erred in law in its interpretation of the 2002 Leniency Notice. The judgment summarises the recent case law concerning the standard of review that should be applied by the European Courts, in light of the rights to a fair trial and to effective judicial proceedings. Click here.

General Court dismisses application for disclosure of Commission's internal documents

The General Court has dismissed an application by an individual challenging the European Commission's decision to refuse to grant access to an internal Commission document drawn up in the context of the Deutsche Borse/NYSE merger. On the basis that there is an action pending before the General Court for the annulment of the Commission's decision, the General Court held that there is a presumption that any obligation on the Commission to disclose internal documents could undermine the Commission's decision-making process. The General Court further considered that there was no overriding public interest requiring disclosure. Click here.


Articles 101/102

  • Details of an appeal by Arrow Group and Arrow Generics against the European Commission's decision to fine them for entering "pay for delay" agreements with Lundbeck, in breach of Article 101 TFEU have been published in the European Journal. Arrow claims that the Commission neither established that Arrow and Lundbeck were potential competitors, nor that the agreements had the object of restricting competition. Click here.
  • Details of the European Commission's appeal against a General Court judgment that reduced the fine imposed on Parker ITR Srl and Parker-Hannifin Corp for participation in the marine hose cartel have been published in the Official Journal. The Commission claims that the General Court incorrectly applied the case law on intra-group economic succession and on the transfer of liability between consecutive undertakings. Click here.
  • Details of an appeal by Orange against the European Commission's decision ordering France Telecom, Orange and their subsidiaries to submit to inspections in respect of an ongoing investigation into potential breaches of Article 102 TFEU in the internet connectivity services sector have been published in the Official Journal. Orange claims that the Commission did not have grounds for conducting an inspection and in doing so, breached the principles of necessity and proportionality. Click here.


  • The Council and the European Parliament have reviewed the European Commission's proposal for a directive on rules governing actions for damages for competition law infringements. Presidency compromise texts have been issued by the Council General Secretariat and a draft report on the proposed Directive has been prepared by the Committee on Economic and Monetary Affairs. Click here and here.


UK Courts

  • The High Court has delivered a ruling, allowing the claimants to amend their particulars of claim in a damages action brought against MasterCard. The amendment sought to add a new claim that a concerted practice existed between MasterCard Inc, MasterCard International Inc, MasterCard Europe SPRL and MasterCard UK Members Forum. The claimants argued that the amendment formed part of the originally pleaded cause of action and dated back to the start of the limitation period of the pre-existing claim. The High Court did not accept that the new claim could date back to the start of the limitation period of the pre-existing claim. Click here.

Competition Appeal Tribunal

  • The CAT has published Orders of the Court of Appeal, granting a stay of proceedings by UK claimants against certain participants in the carbon and graphite products cartel. Click here.

Competition Commission

  • The CC has published its provisional findings report on the completed acquisition by Optimax Clinics Limited of Ultralase Limited, provisionally concluding that the merger would not be likely to give rise to a substantial lessening of competition in any market in the UK. Click here.


  • The OFT has decided to refer the completed joint venture between Tradebe Environmental Services Ltd and Sita UK Ltd to the CC, following concerns that the transaction may give rise to a substantial lessening of competition in respect of the collection, processing and disposal of healthcare risk waste for 'large quantity generator' customers in the areas around Birmingham and Gloucester. Click here.


  • Ofcom is beginning a review of the wholesale mobile voice call termination market for the period April 2015 to March 2018 and is inviting stakeholders input into its preliminary thinking. 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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