UK: Focus Antitrust Competition - Weekly Email Alert

Last Updated: 25 February 2010
Article by Emanuela Lecchi

European Notifications and Publications

European Courts

  • C-406/08: Uniplex (UK) Ltd v NHS Business Services Authority. ECJ judgment on preliminary ruling in relation to limitation periods for bringing challenges for breach of the public procurement rules. To read the documents, click here (http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=Submit&numaff=C-406/08).

Mergers Invitation to Comment

  • COMP/M.5727: Microsoft/Yahoo! Search Business – development and supply of computer software and related services, on-line search engine. Interested parties should submit their comments by 6 February 2010. To read the notification, click here (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:020:0032:0032:EN:PDF).
  • COMP/M.5735: UTC/GE Security – manufacture and supply of high technology products and services for building systems and aerospace industries, fire detection and electronic security equipment. Interested parties should submit their comments by 7 February 2010. To read the notification, click here (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:021:0041:0041:EN:PDF).
  • COMP/M.5762: Innolux/Chi Mei/TPO – manufacture of LCD panels. Interested parties should submit their comments by 12 February 2010. To read the notification, click here (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:025:0029:0029:EN:PDF).
  • COMP/M.5780: Allianz/ING/Allee Center – insurance and financial services, development of real estate operation of shopping centres in Budapest. Candidate for simplified procedure. Interested parties should submit their comments by 12 February 2010. To read the notification, click here (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:025:0028:0028:EN:PDF).

Mergers Cleared

  • COMP/M.5656: Europ Assistance Holding/SFR Développement/Océalis – investments in mobile communications sector, counselling services to physical and legal entities. To read the decision, click here (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:023:0001:0001:EN:PDF).
  • COMP/M.5709: Volkswagen/MAHAG – manufacture and sale of cars and light commercial vehicles, spare parts, accessories. To read the decision, click here (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:023:0001:0001:EN:PDF).
  • COMP/M.5726: Deutsche Bank/SAL.Oppenheim – deposit and lending operations, private banking, banking, private equity. To read the press release, click here (http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/108&format=HTML&aged=0&language=EN&guiLanguage=en).
  • COMP/M.5730: Telefónica/Hansenet Telekommunikation – fixed and mobile telephony, broadband internet access. To read the press release, click here (http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/109&format=HTML&aged=0&language=EN&guiLanguage=en).
  • COMP/M.5739: EQT V/Springer Science + Business Media – private equity, business media, publishing of academic books, journals and periodicals. To read the decision, click here (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:025:0018:0018:EN:PDF).

Mergers Referred Back

  • COMP/M.5677: Schuitema/Super de Boer Assets – procurement, wholesale and retail of daily consumable goods, supermarkets. The European Commission has referred the merger to the Dutch authority Nederlandse Mededingingsautoriteit as it will affect competition in The Netherlands only. To read the press release, click here (http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/50&format=HTML&aged=0&language=EN&guiLanguage=en).

Public Procurement

  • The European Commission has sent a reasoned opinion to Germany with regard to the award of contracts for architectural services by municipality of Niedernhausen. To read the press release, click here (http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/78&type=HTML&aged=0&language=EN&guiLanguage=en).

State Aid

  • The European Commission has authorised the Spanish aid in the form of a film support scheme in the sum of €576 million. To read the press release, click here (http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/57&format=HTML&aged=0&language=EN&guiLanguage=en).
  • The European Commission has completed its investigation into the unlimited state guarantee which has up until now been implicitly conferred on the French Post Office, due to its public body status. The Commission concluded that legal measures should be introduced to effectively end the state guarantee, which confers an economic advantage on the French Post Office to the detriment of its competitors. To read the press release, click here (http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/51&format=HTML&aged=0&language=EN&guiLanguage=en).
  • The European Commission has opened an in-depth inquiry into the Greek aid in the form of preferential electricity tariffs for Aluminium of Greece. To read the press release, click here (http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/58&format=HTML&aged=0&language=EN&guiLanguage=en ).
  • The European Commission has ordered the recovery of German aid granted to Sovello AG (formerly EverQ GmbH). To read the press release, click here (http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/104&format=HTML&aged=0&language=EN&guiLanguage=en).
  • The European Commission has referred Italy to the ECJ for its failure in recovering illegal aid from hotels in Sardinia. To read the press release, click here (http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/103&format=HTML&aged=0&language=EN&guiLanguage=en).
  • The European Commission has closed its investigation into an agreement between Bratislava Airport and Ryanair concluding that the agreement can be justified. To read the press release, click here (http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/56&format=HTML&aged=0&language=EN&guiLanguage=en).

Speeches

  • Neelie Kroes speech: "The important role of the Body of European Regulators for Electronic Communications". To read the speech, click here (http://europa.eu/rapid/pressReleasesAction.do?reference=SPEECH/10/15&type=HTML&aged=0&language=EN&guiLanguage=en).
  • Viviane Reding speech: "A new beginning for EU telecoms regulation: EU telecoms regulator starts work". To read the speech, click here (http://europa.eu/rapid/pressReleasesAction.do?reference=SPEECH/10/13&type=HTML&aged=0&language=EN&guiLanguage=en).
  • Viviane Reding speech: "Privacy: the challenges ahead for the European Union". To read the speech, click here (http://europa.eu/rapid/pressReleasesAction.do?reference=SPEECH/10/16&format=HTML&aged=0&language=EN&guiLanguage=en).

Miscellaneous

  • The European Commission has announced the first of meeting of the telecoms regulators of the 27 EU countries in Brussels forming the new Telecoms Regulator - Body of European Regulators for Electronic Communications (BEREC). To read the press release, click here (http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/62&type=HTML&aged=0&language=EN&guiLanguage=en) and here (http://www.ofcom.org.uk/media/news/2010/01/nr_20100128).
  • The European Commission has initiated infringement procedure against France with regard to the 'telecoms tax' on telecommunications operators. To read the press release, click here (http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/67&format=HTML&aged=0&language=EN&guiLanguage=en).
  • The European Commission has initiated legal proceedings against Bulgaria to implement EU rules making radio spectrum available for devices that help senior citizens - hearing aids and social alarms. To read the press release, click here (http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/66&type=HTML&aged=0&language=EN&guiLanguage=en).
  • The European Commission is assessing the proposed commitments from British Airways, American Airlines and Iberia aimed at alleviating concerns over potential anticompetitive agreements in relation to the Oneworld airline alliance. To read the press release, click here (http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/10/25&format=HTML&aged=0&language=EN&guiLanguage=en).
  • The European Competition Network has published the first issue of the ECN Brief. To read the press release, click here (http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/73&type=HTML&aged=0&language=EN&guiLanguage=en).

UK Notifications and Publications

Consultations

  • Postcomm has opened a consultation into its "expected work plan for the next two years". Interested parties should submit their comments by 28 March 2010. To read the consultation, click here (http://www.psc.gov.uk/news-and-events/news-releases/2010/postcomm-work-plan-opens-for-consultation.html).

Competition Commission

  • The Competition Commission Chairman has asked an independent panel of three experienced and knowledgeable people to examine the CC's rules and practices with regard to possible conflicts of interest of its members. To read the press release, click here (http://www.competition-commission.org.uk/press_rel/2010/jan/29-10.pdf).
  • The Competition Commission has appointed Laura Carstensen as new Deputy Chair. To read the press release, click here (http://www.competition-commission.org.uk/press_rel/2010/jan/28-10.pdf).
  • The Competition Commission has published the Notice of Acceptance of Final Undertakings in the Stagecoach/Preston Inquiry. To read the Notice, click here (http://www.competition-commission.org.uk/inquiries/ref2009/preston/pdf/final_undertakings_010210.pdf).

CAT

  • The Carphone Warehouse Group Plc v Office of Communications (Wholesale Line Rental). The CAT has published the Order (Permission to Intervene). To read the Order, click here (http://www.catribunal.org.uk/files/1149_Carphone_Warehouse_Order_26.01.09.pdf).
  • The Competition Appeal Tribunal has published a ruling and order with its decision as regards the course of proceedings in the appeals against the Office of Fair Trading's decision on construction bid-rigging, holding that each of the 25 appeals will be heard separately. The CAT has also published the transcript of the case management conference. To read the documents, click here (http://www.catribunal.org.uk/files/1114-1139_Constructions_Order_25.01.10.pdf), here (http://www.catribunal.org.uk/files/1114-1139_Constructions_Transcript_25.01.10.pdf) and here (http://www.catribunal.org.uk/files/1114-1139_Constructions_Ruling_25.01.10.pdf )

Mergers Invitation to Comment

  • Gurit/High Modulus – marine composite engineering. Interested parties should submit their comments by 15 February 2010. To read the notification, click here (http://www.oft.gov.uk/advice_and_resources/resource_base/Mergers_home/Mergers_Cases/2010/Gurit).
  • Marsh & McLennan/HSBC Insurance Brokers – insurance and reinsurance. Interested parties should submit their comments by 15 February 2010. To read the notification, click here (http://www.oft.gov.uk/advice_and_resources/resource_base/Mergers_home/Mergers_Cases/2010/HSBCInsuranceBrokers).

Mergers – Full Text Decisions

  • Go-Ahead Group plc/Plymouth CityBus Limited – buses. To read the full text decision, click here (http://www.oft.gov.uk/advice_and_resources/resource_base/Mergers_home/decisions/2010/go-ahead-group).

Miscellaneous

  • Ofcom has published a regulatory statement in relation to the consultation into Next Generation Networks – Responding to recent developments to protect consumers, promote competition and secure efficient investment. To read the statement, click here (http://www.ofcom.org.uk/consult/condocs/ngndevelopments/ngnstatement/).
  • Ofgem has published an "Open letter to Industry participants on potential fraudulent activity in the European gas and electricity markets". To read the letter, click here (http://www.ofgem.gov.uk/Licensing/Work/Documents1/Fraud%20Risk%20open%20letter.pdf).
  • Ofgem has published its review of the gas and electricity connection markets in 2008-09. Including data on the number of connections, charges levied and performance against standards. To read the document, click here (http://www.ofgem.gov.uk/Pages/MoreInformation.aspx?file=CIR%20report%20%20final%20draft.pdf&refer=Networks/Connectns/ConnIndRev).
  • Ofgem has announced that it is suspending the energy network merger policy (which has been in place since 2002) following a consultation. The suspension is effective immediately and will remain in place until a review of the policy has been completed. The review is necessitated by changes in ownership structure and will consider how future potential mergers will be treated. To read the related documents, click here (http://www.ofgem.gov.uk/Media/PressRel/Documents1/SE%20note%20(2%20Feb%2010)%202%20doc%20%20%20CL.pdf) and here (http://www.ofgem.gov.uk/Media/PressRel/Documents1/SE%20note%20(2%20Feb%2010)%202%20doc%20%20%20CL.pdf).
  • Ofwat has published its response to the Defra consultation "Marine Strategy Framework Directive (MSFD) - Consultation on the draft Marine Strategy Regulations 2010". To read the response, click here (http://www.ofwat.gov.uk/sustainability/sustainabledev/res_ofw_20100122deframsfd.pdf).

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 Mondaq.com.

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

Authors
 
In association with
Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
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
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
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

Mondaq.com (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 www.mondaq.com

To Use Mondaq.com 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.

Disclaimer

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.

General

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