ARTICLE
28 September 2011

Focus Antitrust - 21 September 2011

The General Court has delivered its judgment in the appeal by Koninklijke Grolsch NV against the European Commission’s finding that it had infringed Article 101(1) TFEU by operating an illegal price-fixing cartel in the beer market in the Netherlands.
European Union Antitrust/Competition Law

In the News

The General Court has delivered its judgment in the appeal by Koninklijke Grolsch NV against the European Commission's finding that it had infringed Article 101(1) TFEU by operating an illegal price-fixing cartel in the beer market in the Netherlands. The General Court has annulled the Commission's decision on the basis that the Commission had failed to prove Grolsch's direct participation in the cartel. Click here.

The European Commission has published a notice in the Official Journal under Article 27(4) of Regulation 1/2003 to invite comments on commitments offered by International Business Machines Corporation (IBM) pursuant to Article 9 of Regulation 1/2003. The proposed commitments are designed to address the Commission's concerns that IBM has abused its dominant position on the market for various inputs which are required for the maintenance of IBM mainframe hardware and software. The Commission has also closed its investigation into complaints alleging that IBM was tying its mainframe hardware with its operating system. Click here.

The OFT has published the full text of its decision which held that Reckitt Benckiser has infringed Article 102 TFEU and the Chapter II prohibition of the Competition Act 1998, and imposed a fine of £10.2 million. Click here.

EU

Articles 101 and 102

  • The General Court has dismissed the appeal by Lucite International and Lucite International UK against the fine imposed on them by the European Commission's decision in the acrylic glass (methacrylates) cartel. Click here.

Mergers – invitation to comment

  • CVC/Virgin Group Holdings/Virgin Active Group. Click here.

Public Procurement

  • The General Court has annulled a decision of the European Investment Bank (EIB) not to accept a tender and to award a contract to another tenderer, on the basis that the EIB had breached the right to an effective remedy, the principles of transparency, equal treatment and sound administration and the duty to state reasons by failing to advise the unsuccessful tenderer of the contract award decision and by failing to provide reasons for this decision in due time. Click here.

State Aid

  • The ECJ has delivered dismissed an appeal by Germany against a General Court ruling upholding a decision of the European Commission that state subsidies granted to German commercial broadcasters for use of the digital terrestrial television network were illegal under Article 107(1) TFEU. Click here.
  • The European Commission has published its latest overview of national state aid measures adopted in response to the financial and economic crisis. Click here.
  • The European Commission published its proposals for the reform of the state aid rules on services of general economic interest. Click here.

Speeches

  • Joaquín Almunia, "New challenges in mergers and antitrust", click here.
  • Joaquín Almunia, "State aid control as a resolution tool in the EU", click here.

UK

OFT

  • Mergers – full text decisions: Agri Limited/Uffculme Feed Mill, click here; Tramlink Nottingham Consortium/NET Phase Two concession, click here
  • The OFT has launched a market study into NHS and private dentistry markets. Click here.

Other

  • Ofcom has published its final determination in a dispute between O2 and each of Vodafone and H3G in relation to their termination charges set in October 2010. Click here.
  • Ofcom has launched a consultation on a request by BT for an exemption from undertakings given under section 154 of the Enterprise Act 2002 in lieu of a market investigation reference to the Competition Commission. Click here

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