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CR Focus 18th September 2007

To visit the "Cartel Watch" section, click here.
In the News

Charles Russell opens Bahrain Office offering a focused range of services, including regulatory work (telecoms and utilities) >>>more>>>

T-201/04: Microsoft v Commission >>>more>>>

T-125/03 and T-253/03: Akzo Nobel v Commission >>>more>>>

EC welcomes CFI's judgment in needles and other haberdashery products cartel case >>>more>>>

French Competition Council fines Le Havre Port Authority (a public institution) €2.6m for abuse of dominant position >>>more>>>

French Competition Council confirms it is investigating toy sector >>>more>>>

Ryanair Holdings PLC lodges appeal over merger decision >>>more>>>

 
European Notifications and Publications
Mergers - Invitations to Comment

European Mergers - Requests for Comments >>>more>>>

Mergers - Initiation of Proceedings

INEOS/Kerling >>>more>>>

Mergers Cleared

E.ON/Endesa Europa/Viesgo >>>more>>>

ENEL/Acciona/Endesa >>>more>>>

STM/Intel/JV >>>more>>>

Autogrill/Alpha Airports Group >>>more>>>

Speeches

Charlie McCreevy speech: "The future of the Single Market" >>>more>>>

Jacques Barrot speech: "Sustainable transport policy in Europe" >>>more>>>

José Manuel Durão Barosso speech: "Making the right choices for Europe" >>>more>>>

Meglena Kuneva speech: "Governance of global product safety" >>>more>>>

Andris Piebalgs: Nabucco pipeline and security of supply >>>more>>>

State Aid

EC opens formal investigation into German State aid to Deutsche Post >>>more>>>

EC opens in depth investigation into Flemish aid to support training at Volvo Cars >>>more>>>

EC opens investigation into Italian State aid to Alghero airport >>>more>>>

Koninklijke Friesland Foods NV, formerly Friesland Coberco Dairy Foods Holding NV v Commission judgment >>>more>>>

Germany/NERES/Dortmund Airport state aid to establish new flight connections >>>more>>>

Miscellaneous

EC orders carmakers to give independent garages access to repair information >>>more>>>

EC supports French telecoms regulators lowering mobile services wholesale rates >>>more>>>

Association de la presse internationale a.s.b.l. v Commission - CFI publishes notice clarifying rules to accessing documents in pending cases >>>more>>>

Draft maritime guidelines: EC requests comments >>>more>>>

EU finance ministers decide against establishing rules on how to bail out banks with cross-border operations >>>more>>>

EC and Japan's FTA meet to discuss competition policy >>>more>>>

 

UK Notifications & Publications
Consultations

Ofcom: Monitoring Compliance with Charge Controls >>>more>>>

Ofgem: GDPCR (Gas Distribution Price Control Review): Initial Licence drafting >>>more>>>

OFT

European Central Counterparty Limited: OFT requests comments on its application to be recognised as UK clearing house >>>more>>>

CAT

British Telecommunications Plc v Office of Communications (Termination Rate Dispute).>>>more>>>

Cable & Wireless and others v Office of Communications (Termination Rate Dispute) >>>more>>>

Hutchison 3G UK Limited v Office of Communications (Termination Rate Dispute) >>>more>>>

T-Mobile (UK) Limited v Office of Communications (Termination Rate Dispute) >>>more>>>

Competition Commission

Kemira GrowHow Oyj/Terra Industries Inc merger - Notice of Acceptance of Final Undertakings and Final Undertakings >>>more>>>

BSkyB/ITV extended timetable for investigation >>>more>>>

CC makes Home Credit order >>>more>>>

Mergers - Invitation to Comment

SWX Group, SIS Swiss Financial Services Group AG/Telekurs Holding AG >>>more>>>

Resolution plc/Friends Provident >>>more>>>

Centenary Music Holdings Limited/V2 Music Group Limited >>>more>>>

Mergers - Full Text Decisions

Musgrave Investments plc/J & J Haslett Holdings Limited >>>more>>>

Miscellaneous

Ofcom: terms of reference for second review of public service television broadcasting >>>more>>>

Ofwat: Business Plan Information Requirements: Cost Base >>more>>>

ORR: updated "Land Disposal Consultation" page >>>more>>>

 
In the News

Charles Russell is delighted to announce that it has now received a licence to practice in the Kingdom of Bahrain.
It enables us to offer clients in the region a more efficient and cost effective service. It also provides clients with access to our UK resources and expertise, including a large UK-based team of lawyers. To view office details and map please click here.

T-201/04: Microsoft v Commission. CFI has published its decision, largely rejecting Microsoft's appeal. The CFI has, however, annulled certain parts of the Commission's decision relating to the appointment of a monitoring trustee. To read the CFI press release, click here. To read the judgment, click here. To read the Commission press release, click here. To read Neelie Kroes's speech, click here . For the Commission's chronology of the case, click here.

T-125/03 and T-253/03: Akzo Nobel v Commission. CFI has published its decision confirming that advice prepared in-house is not subject to legal privilege. To read the press release, click here. To read the judgment, click here.

The European Commission has welcomed the CFI's judgment in the needles and other haberdashery products cartel case. To read the press release, click here.

The French Competition Council has fined the Le Havre Port Authority (a public institution) €2.6m for abuse of a dominant position (discriminatory pricing). To read the Conseil de la Concurrence press release, click here.

The French Competition Council has confirmed that it is investigating the toy sector. To read the press release, click here.

Ryanair Holdings PLC, represented by John Swift QC, of Monckton Chambers, Dr Vincent Power and Alan McCarthy, Solicitors, both of A & L Goodbody, and Dr. Georg M Berrisch, Rechtsanwalt, and David W Hull, Solicitor, both of Covington & Burling, has filed an application pursuant to Article 230 EC against the Commission's decision of 27 June 2007 declaring a concentration (the merger between Ryanair and Aer Lingus) to be incompatible with the common market and the functioning of the EEA Agreement (Case No COMP/M. 4439 – Ryanair/Aer Lingus).

 
European Notifications and Publications
Mergers - Invitation to Comment

COMP/M.4753: Antalis/MAP - distribution of paper. Interested parties should submit their comments by 22 September 2007. To read the notification, click here.

COMP/M.4871: KPN/Getronics - telecommunications services, ICT services. Interested parties should submit their comments by 21 September 2007. To read the notification, click here.

COMP/M.4897: Arcapita/HT Troplast - investment bank, vinyl profiles for windows and doors. Candidate for simplified procedure. Interested parties should submit their comments by 21 September 2007. To read the notification, click here.

COMP/M.4901: Gilde/Swets - provider of subscription services to publishers and subscribers. Candidate for simplified procedure. Interested parties should submit their comments by 23 September 2007. To read the notification, click here.

COMP/M.4828: Owens Corning/Saint Gobain Vetrotex - galssfibre reinforcements and composites. Comments should be received by 25 September 2007. To read the notice, click here.

COMP/M.4775: MAN/Hörmann/JV - production of parts and components for trucks. Comments should be received by 25 September 2007. To read the notice, click here.

Mergers - Initiation of Proceedings

COMP/M.4734: INEOS/Kerling - production sale and marketing of speciality chemicals, PVC and caustic soda. The Commission has invited comments on its Phase II investigation, which was announced last week. Comments should be received by 28 September 2007. To read the notice, click here.

Mergers Cleared

COMP/M.4672: E.ON/Endesa Europa/Viesgo - supply and distribution of gas and electricity. To read the decision, click here.

COMP/M.4685: ENEL/Acciona/Endesa - distribution and supply of electricity, purchase and sale of natural gas, infrastructure and real estate projects, development and operation of renewable energies. To read the decision, click here.

COMP/M.4751: STM/Intel/JV - semiconductors, microprocessors, chipsets, flash memory business. To read the decision, click here.

COMP/M.4762: Autogrill/Alpha Airports Group - food and beverages for travellers, catering and retailing to airports and airlines. To read the decision, click here.

Speeches

Charlie McCreevy speech: "The future of the Single Market". To read the speech, click here.

Jacques Barrot speech: "Sustainable transport policy in Europe". To read the speech, click here.

José Manuel Durão Barosso speech: "Making the right choices for Europe". To read the speech, click here.

Meglena Kuneva speech: "Governance of global product safety". To read the speech, click here.

Andris Piebalgs: Nabucco pipeline and security of supply. To read the speech, click here.

State Aid

The European Commission has opened a formal investigation into German State aid to Deutsche Post. To read the press release, click here.

The European Commission has opened an in depth investigation into Flemish aid granted to support training at Volvo Cars. To read the press release, click here.

The European Commission has opened an investigation into the Italian State aid to Alghero airport. To read the press release, click here.

Case T-348/03: Koninklijke Friesland Foods NV, formerly Friesland Coberco Dairy Foods Holding NV v Commission - Dutch corporation tax scheme. The CFI held that parties with pending applications had a legitimate expectation that they may be able to benefit from a scheme that was being phased out and annulled part of the Commission decision. To read the CFI press release, click here. To read the judgment (in French), click here.

C 26/07 (ex NN 28/07): Germany/NERES/Dortmund Airport - establishment of new flight connections. Comments should be received by 15 October 2007. To read the notice, click here.

Miscellaneous

Commission orders carmakers to give independent garages access to repair information. The Commission has taken decisions against DaimlerChrysler, Toyota, General Motors and Fiat ordering the provision of access to information. To read the press release, click here.

Commission supports the French telecoms regulator's initiative to lower mobile services wholesale rates. To read the press release, click here.

Case T-36/04: Association de la presse internationale a.s.b.l. v Commission. The CFI published a notice clarifying the rules relating to access to documents concerning pending cases. To read the notice, click here. To read the judgment, click here.

Draft maritime guidelines: the Commission has requested comments on the draft guidelines on the application of competition rules to the maritime transport sector. Comments should be received by 9 November 2007. To read the press release, click here. To read the guidelines, click here. For further information on the draft guidelines, click here.

The EU finance ministers decided against establishing rules on how to bail out banks that have cross-border operations in the EU. To read the FT article, click here.

A high level meeting on competition policy between Commission and Japan's FTA took place on 14 September 2007. To read the press release, click here.

 
UK Notifications & Publications
Consultations

Ofcom has opened a consultation into Monitoring Compliance with Charge Controls. Interested parties should submit their comments by 23 October 2007. To read the notification, click here.

Ofgem has opened a consultation into GDPCR (Gas Distribution Price Control Review): Initial Licence drafting. Interested parties should submit their comments by 22 October 2007. To read the consultation, click here. and click here.

OFT

European Central Counterparty Limited: OFT is undertaking a competition assessing EuroCCP's rules as part of its application to be a recognised clearing house in the UK. Comments should on EuroCCP's rules should be received by 26 October 2007. To read the OFT press release, click here. To see EuroCCP's rules, click here.

CAT

British Telecommunications Plc v Office of Communications (Termination Rate Dispute). The CAT has published the Order of the Tribunal and Summary of Appeal. To read the Order, click here. and to read the Summary, click here.

Cable & Wireless and others v Office of Communications (Termination Rate Dispute). The CAT has published the Order of the Tribunal and Summary of Appeal. To read the Order, click here. and to read the Summary, click here.

Hutchison 3G UK Limited v Office of Communications (Termination Rate Dispute). The CAT has published the Order of the Tribunal and Summary of Appeal. To read the Order, click here. and to read the Summary, click here.

T-Mobile (UK) Limited v Office of Communications (Termination Rate Dispute). The CAT has published the Order of the Tribunal and Summary of Appeal. To read the Order, click here. and to read the Summary, click here.
Competition Commission

The Competition Commission has published its Notice of Acceptance of Final Undertakings and Final Undertakings in the Kemira GrowHow Oyj/Terra Industries Inc merger. To read the Notice, click here. and to read the Undertakings, click here.

BSkyB/ITV - television broadcasting. The Competition Commission has extended the timetable for its investigation. To read the press release, click here. To see the new administrative timetable, click here.

The Competition Commission has made an order in relation to Home Credit. To read the Notice, click here. and to read the Order, click here.

Mergers - Invitation to Comment

SWX Group, SIS Swiss Financial Services Group AG/Telekurs Holding AG - financial services. Interested parties should submit their comments by 26 September 2007. To read the notification, click here.

Resolution plc/Friends Provident - life insurance and asset management services. Comments should be received by 28 September 2007. To read the notification, click here.

Centenary Music Holdings Limited/V2 Music Group Limited - music recording. Comments should be received by 20 September 2007. To read the notification, click here.

Mergers - Full Text Decisions

Musgrave Investments plc/J & J Haslett Holdings Limited - grocery wholesalers. To read the full text decision, click here.

Miscellaneous

Ofcom has published the terms of reference for its second review of public service television broadcasting. To read the press release, click here.

Ofwat has published its Business Plan Information Requirements: Cost Base. To read the plan, click here.

ORR has updated its "Land Disposal Consultation" page. To read the update, click here.