ARTICLE
3 March 2010

Focus Antitrust - Competition Weekly Email Alert - 23 February 2010

CR
Charles Russell Speechlys LLP

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OFT issues Statement of Objections to Reckitt Benckiser for alleged abuse of a dominant position.
United Kingdom Antitrust/Competition Law

In the News

OFT issues Statement of Objections to Reckitt Benckiser for alleged abuse of a dominant position. To read the press release, click here. (http://www.oft.gov.uk/news/press/2010/20-10)

Competition Commission publishes Summary of Provisional Findings in Brightsolid/Friends Reunited merger. To read the document, click here (http://www.competition-commission.org.uk/inquiries/ref2009/brightsolid/pdf/summary_of_provisional_findings.pdf)and here (http://www.competition-commission.org.uk/press_rel/2010/feb/18-10.pdf).

OFT publishes Article 9 request to European Commission requesting the referral of the UK aspects of proposed joint venture between Orange UK and T-Mobile UK to the OFT. To read the request, click here (http://www.oft.gov.uk/shared_oft/mergers_ea02/678502/Orange-T-Mobile-article-9.pdf).

European Notifications and Publications

Mergers Invitation to Comment

  • COMP/M.5760: Lotte Group/Artenius UK Limited – manufacture and sale of Purified Terephthalic Acid and Polyethylene Terephthalate resin, petrochemicals. Interested parties should submit their comments by 1 March 2010. To read the notification, click here (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:042:0002:0002:EN:PDF).

Mergers Cleared

  • COMP/M.5727: Microsoft/Yahoo! Search Business – development and supply of computer software and related services, on-line search engine. To read the press release, click here (http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/167&format=HTML&aged=0&language=EN&guiLanguage=en).
  • COMP/M.5721: Otto/Primondo Assets – trading and service company, home shopping. To read the press release, click here (http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/162&format=HTML&aged=0&language=EN&guiLanguage=en).
  • 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. To read the press release, click here (http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/171&format=HTML&aged=0&language=EN&guiLanguage=en ).
  • COMP/M.5771: CSN/Cimpor – steel production, mining, logistics, cement production. To read the decision, click here (http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/161&format=HTML&aged=0&language=EN&guiLanguage=en).

Speeches

  • Joaquin Almunia speech: "Competition, State aid and Subsidies in the European Union". To read the speech, click here (http://europa.eu/rapid/pressReleasesAction.do?reference=SPEECH/10/29&format=HTML&aged=0&language=EN&guiLanguage=en).
  • Viviane Reding speech: "Towards a European Area of Fundamental Rights: The EU's Charter of Fundamental Rights and Accession to the European Convention of Human Rights". To read the speech, click here (http://europa.eu/rapid/pressReleasesAction.do?reference=SPEECH/10/33&format=HTML&aged=0&language=EN&guiLanguage=en).

Miscellaneous

  • DG Competition has published a study entitled: "Should aid be granted to firms in difficulty? A study on counterfactual scenarios to restructuring state aid". To read the study, click here (http://ec.europa.eu/competition/state_aid/studies_reports/studies_reports.html#studies).
  • DG Competition has reported the appointment of Dr. Alexander Italianer as the New Director General for Competition. To read the press release, click here (http://ec.europa.eu/dgs/competition/director_general.html).

UK Notifications and Publications

Consultations

  • Ofcom has opened a consultation into the possible uses of "Digital dividend: 600 MHz band and geographic interleaved spectrum". Interested parties should submit their comments by 28 April 2010. To read the notification, click here (http://www.ofcom.org.uk/consult/condocs/600mhz_geographic/).

CAT

  • (1) Moy Park Limited (2) Faccenda Group Limited (3) GW Padley Poultry Limited v (1) Evonik Degussa GmbH (2) Degussa Limited. The CAT has published the Notice of Claim for Damages. To read the Claim, click here (http://www.catribunal.org.uk/files/1147_Moy_Park_Limited_Notice_150210.pdf).
  • CTS Eventim AG v Competition Commission. The CAT has published the Ruling (Costs). To read the Ruling, click here (http://www.catribunal.org.uk/files/1150_CTS_Ruling_costs_17.02.10.pdf).

Mergers Invitation to Comment

  • Smurfit Kappa/Mondi – corrugated packaging. Interested parties should submit their comments by 3 March 2010. To read the notification, click here (http://www.oft.gov.uk/advice_and_resources/resource_base/Mergers_home/Mergers_Cases/2010/SmurfitKappa).
  • Trinity Mirror/Guardian Media – regional newspapers. Interested parties should submit their comments by 3 March 2010. To read the notification, click here (http://www.oft.gov.uk/advice_and_resources/resource_base/Mergers_home/Mergers_Cases/2010/TrinityMirror).

Mergers Cleared

  • Gurit Holding AG/High Modulus International – marine composite engineering. To read the decision, click here (http://www.oft.gov.uk/advice_and_resources/resource_base/Mergers_home/decisions/2010/Gurit).

Mergers – Full Text Decisions

  • London Stock Exchange Group Plc/Turquoise Trading Limited – equities trading. To read the full text decision, click here (http://www.oft.gov.uk/advice_and_resources/resource_base/Mergers_home/decisions/2010/london-stock-exchange).

Miscellaneous

  • Ofcom has published the Television Access Services: Fourth Quarter Report for 2009. To read the report, click here (http://www.ofcom.org.uk/tv/ifi/guidance/tv_access_serv/tvaccessrep/q409/).
  • Ofgem has published A review of the first year of the Energy Efficiency Commitment 2005-2008. To read the document, click here (http://www.ofgem.gov.uk/Sustainability/Environment/EnergyEff/PrevSchemes/Documents1/36%20annual%20review%202006.pdf).
  • Ofgem has published its Electricity and Gas Supply Market Report. To read the report, click here (http://www.ofgem.gov.uk/Markets/RetMkts/ensuppro/Documents1/QPR%20final%20feb.pdf).
  • Postcomm has published its preliminary findings in relation to its investigation into Royal Mail performance monitoring. To read the document, click here (http://www.psc.gov.uk/news-and-events/news-releases/2010/royal-mail-performance-monitoring-investigation--preliminary-findings.html).

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.

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