In the News
Competition Commission set to clear Booker/Makro merger
The Competition Commission has provisionally cleared the completed acquisition by Booker Group of Makro Holding. Booker and Makro are both national cash-and-carry wholesalers supplying a range of food, drinks, grocery and non-food products to independent retailers and caterers. The Commission has concluded that the merged company would continue to face sufficient competition from other wholesalers - both cash-and-carry and delivered - in all areas affected by the merger. The Commission therefore believes that the existing and potential alternatives offered by other suppliers will ensure that the merger does not lead to a substantial lessening of competition. Click here.
EU
Articles 101 and 102
- The General Court has dismissed a number of appeals against the European Commission's decision in relation to the banana importers cartel. However, the court reduced the fine imposed on Del Monte from €14.7 million to €8.82 million on the basis that greater credit should have been given for its co-operation and lesser involvement in the infringement. Click here.
- The ECJ has handed down a ruling on a preliminary reference holding that agreements concerning the price of repairs of insured vehicles concluded between insurance companies and repair shops have an anti-competitive object and are therefore prohibited under Article 101 where they are, by their very nature, injurious to the proper functioning of normal competition. Click here.
- The ECJ has dismissed Viega's appeal against the General Court judgment upholding the European Commission's copper fittings cartel decision. Click here.
- The General Court has partially upheld an application for interim relief by Pilkington in relation to a decision by the European Commission to refuse confidential treatment for certain information concerning the car glass cartel. However, the Court dismissed the part of the application in relation to information where the risk of serious and irreparable harm was to third parties and not Pilkington. Click here.
- The ECJ has dismissed an application by EDF for interim relief in relation to a decision by the European Commission to refuse to postpone the deadline for fulfilling certain conditions of the Commission's decision approving the EDF/ Segebel merger. The ECJ found that EDF had failed to establish that it would suffer serious or irreparable harm if the interim relief was not granted. Click here.
UK
Competition Commission
- The Competition Commission has decided to remove undertakings which currently control the prices hibu (formerly Yell Group) can charge advertisers for inclusion in its Yellow Pages printed directory and also place restrictions on its publication of other printed directories. This confirms the Commission's provisional decision which was published last month. The undertakings will be removed with immediate effect. Click here.
Office of Fair Trading
- The OFT has announced that it has closed two of its Competition Act investigations on administrative priority grounds. The first investigation was into suspected anticompetitive arrangements in the transport sector and the second was into suspected breaches of competition law in a local bus market, in particular in relation to suspected predatory conduct. Click here.
Ofwat
- Ofwat has launched a formal abuse of dominance investigation into charges made to self-lay operators. The charges relate to the provision of new water mains for new development sites by a water company. Click here.
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