In the News
Competition Commission reverses findings in pay-TV movies inquiry
- The Competition Commission has published revised provisional findings as part of the Movies on Pay TV investigation. The Commission has found that Sky Movies no longer provides Sky with a material advantage over its rivals in the pay-TV retail market. This is a reversal of the Commission's original provisional finding published in August 2011 and the Commission has attributed this to the evidence now available. In particular, the Commission refers to Netflix launching its online service in the UK in January 2012 and LOVEFiLM enhancing significantly its Internet-distributed movie offering. Click here.
Competition Commissioner invites Google to offer commitments
- Joaquín Almunia, Commissioner for Competition, has issued a statement explaining that he has sent a letter to Google setting out the concerns arising from its investigation of Google's alleged abuse of dominance and inviting Google to offer commitments to remedy those concerns. The Commission has identified four areas where it considers Google business practices may amount to an abuse of dominance: preferential treatment for Google's vertical search services compared to those of competing services; Google's copying and use of content from competing vertical search services it in its own offerings; agreements for the supply of search advertisements which require Google's partner websites to obtain all or most of their requirements from Google; and restrictions that Google places on the portability of online search advertising campaigns from its platform AdWords to competing platforms. Click here.
OFT closes investigation into outdoor advertising following assurances
- Clear Channel and JCDecaux, two of the major outdoor advertising companies, have given voluntary assurances to the OFT to make changes to the way they enforce contracts with local authorities for advertising on bus shelters and information panels. The OFT opened a Competition Act investigation into street furniture advertising contracts held by the two companies following its 2011 market study into outdoor advertising. As a result of the assurances it has received, the OFT has now closed its investigation. Click here.
Commission opens Phase II investigation in steel merger
- The European Commission has opened an in-depth investigation under the EU Merger Regulation into the proposed acquisition of Inoxum, the stainless steel division of ThyssenKrupp of Germany, by the Finnish stainless steel company Outokumpu. The Commission's preliminary investigation indicated potential competition concerns in various markets for the production and distribution of stainless steel flat products. Click here.
Ryanair's appeal grounded
- The Court of Appeal has rejected Ryanair's appeal against the Competition Appeal Tribunal's judgment, upholding the OFT's decision that it was not out of time to investigate Ryanair's acquisition of a minority stake in Aer Lingus. The Court of Appeal confirmed the Tribunal's finding that the duty of sincere co-operation prevented the OFT from investigating the acquisition while appeals by Ryanair and Aer Lingus were still pending before the European Courts in relation to decisions of the European Commission. Click here.
EU
Articles 101 and 102 "
- The General Court has upheld an appeal brought by EnBW Energie Baden- Wurttemberg AG (EnBW), annulling a European Commission decision refusing it access to documents in the gas insulated switchgear case. Click here.
Mergers "
- Following a Phase II review, the European Commission has cleared the proposed acquisition of control by Südzucker of Germany, Europe's largest sugar producer, over ED&F MAN of the UK, the second largest sugar trader worldwide and a company also active in sugar production. The approval is conditional upon the divestiture of ED&F MAN's interests in the Brindisi refinery, the biggest and most modern production facility in Italy. Click here.
UK
Competition Commission "
- The Competition Commission has published for consultation the draft of final undertakings that it intends to accept from Stericycle, Inc and SRCL Limited in relation to its completed acquisition of Ecowaste Southwest Limited. The undertakings require the divestment of Ecowaste Southwest to a purchaser approved by the Competition Commission within a specified time period. Stericycle has appealed the Competition Commission's decision to the Competition Appeal Tribunal and the undertakings are expressed to be without prejudice to these proceedings. Click here.
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