ARTICLE
23 August 2010

Focus Antitrust for ITV

CR
Charles Russell Speechlys LLP

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The Organisation for Economic Cooperation and Development (OECD) has published a paper which considers the use of the failing firm defence in mergers, and whether the elements required to prove that a firm is a failing firm should be made more lenient during an economic downturn.
United Kingdom Antitrust/Competition Law

In the News

The Organisation for Economic Cooperation and Development (OECD) has published a paper which considers the use of the failing firm defence in mergers, and whether the elements required to prove that a firm is a failing firm should be made more lenient during an economic downturn. To read the paper, click here.

European Notifications and Publications

Mergers Invitation to Comment

  • COMP/M.5867: Thomas Cook/Öger Tours – package holidays. Interested parties should submit their comments by 27 August 2010. To read the notification, click here.
  • COMP/M.5922: POSCO/Daewoo International – steel products. Interested parties should submit their comments by 27 August 2010. To read the notification, click here.
  • COMP/M.5881: ProSiebenSat.1 Media/RTL interactive/JV – television, media and broadcasting. Interested parties should submit their comments by 23 August 2010. To read the notification, click here.

Mergers Referred to National Competition Authorities

  • COMP/M.5741: CDC/Veolia Environment/Transdev/Veolia Transport – public passenger transport. The European Commission has decided to refer the merger to the French and Dutch competition authorities in so far as it relates to the parties' activities in France and the Netherlands. To read the press release, click here.

Mergers Cleared

  • COMP/M.5910: Martank B.V. and MTTI SDN/VTTI B.V – oil and gas trading, offshore floating facilities. The full text of the decision will be available shortly.
  • COMP/M.5855: Deutsche Bahn/Arriva – rail and bus operators. The European Commission has conditionally approved the merger. To read the press release, click here.

State Aid

  • The European Commission has published a notice on current state aid recovery interest rates and reference/discount rates for all 27 EU member states in the Official Journal. To read the notice, click here.
  • The European Commission has decided to approve the roll out of a public open high-speed broadband network (Xarxa Oberta) in Catalonia, under the state aid rules. To read the press release, click here.

Miscellaneous

  • The European Commission has launched an online consultation on the future of electronic commerce in the internal market and the implementation of the Directive on electronic commerce (Directive 2000/31). Interested parties should submit their comments by 15 October 2010. To read the consultation, click here.
  • The European Commission has established the European Regulators Group for Postal Services. To read the Official Journal notification, click here.

UK Notifications and Publications

Consultations

  • Ofwat has published a consultation on the potential regulatory issues arising from the completed acquisition of Cascal N.V., the parent company of Bournemouth and West Hampshire Water plc (BWH), by Sembcorp Industries Limited. Interested parties should submit their comments by 21 September 2010. To read the consultation, click here.

Mergers – Invitation to Comment

  • ESBNI/ Northern Ireland Electricity Plc - energy sector. Interested parties should submit their comments by 27 August 2010. To read the invitation to comment, click here.

Mergers – Referred to the Competition Commission

  • The OFT has referred the completed acquisition of Streetcar Limited by Zipcar, Inc., to the Competition Commission. To read the OFT press release, click here.
  • To read the Competition Commission press release, click here.

Mergers – Cleared

  • The OFT has decided not to refer the anticipated acquisition by DS Smith plc of Otor S.A to the Competition Commission under the Enterprise Act 2002.

Miscellaneous

  • The Competition Commission has published the final version of the Groceries Market Investigation (Controlled Land) Order 2010. To read the Order, click here.
  • Ofcom has published its final determination in a dispute between BT and mobile operators about the introduction by BT of new termination charges for 0845 and 0870 calls. To read the determination, click here.
  • The OFT has asked for views on its review of the undertakings given by the General Electric Company plc, Siemens AG and GEC Siemens plc, under the Fair Trading Act 1973, following the acquisition by GEC Siemens plc of Plessey Company. Interested parties should submit their comments by 25 August 2010.

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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