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The Competition Commission will require Anglo American and
Lafarge to sell a significant portfolio of operations before their
proposed construction materials joint venture can go ahead. In
February, the Commission provisionally ruled that the joint venture
could damage competition in certain markets for construction
materials. In its final report, the Commission has reiterated its
concern that the joint venture would increase the danger of
coordination in the market for bulk cement and would reduce
competition in local and national markets for other products
including aggregates, asphalt and ready-mix concrete. Click here.
EU
Mergers
The European Commission has closed its Phase II investigation
into the proposed acquisition of a branch of the Italian
state-owned ferry group Tirrenia by Compagnia Italiana di
Navigazione of Italy, after the parties abandoned the notified
transaction. Click here.
Articles 101 and 102
Advocate General Jääskinen has handed down an opinion
concluding that storing information provided by businesses on the
basis of statutory reporting obligations and allowing inspection of
this information was connected to the exercise of public powers and
did not constitute the performance of an economic activity. The
relevant public authority was therefore not acting as an
undertaking for the purposes of Article 102. Click here.
UK
OFT
The OFT has accepted undertakings from The Carlyle Group and
Palamon Capital Partners LP in relation to their joint acquisition
of Integrated Dental Holdings Limited and Associated Dental
Practices. As a result, the merger will not be referred to the
Competition Commission. Click here.
The OFT has provisionally decided not to launch a market study
into road fuels in the UK. Click here.
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On 20 December 2012, the UK Competition Appeal Tribunal handed down its judgment on Tesco’s appeal against an earlier Office of Fair Trading decision concerning dairy products retail pricing in the UK.
Yesterday, the European Court of Justice (ECJ) handed down its judgment on a preliminary reference from the Danish Supreme Court regarding the rules on selective discounts and below-cost selling under the competition law prohibition of the abuse of a dominant market position.
The General Court of the European Union handed down judgment upholding the decision by the European Commission in 2007 that the member bank delegates of MasterCard had collectively set cross border fall back multilateral interchange fees.
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