Antitrust Review: September

Antitrust Review: September - October 2011

Editors: Alex Nourry, Chris Worrall, Christopher Duff and Chandralekha Ghosh

In this issue:

European Union

In-depth investigation - Deutsche Börse / NYSE Euronext. The European Commission has decided to open an in-depth Phase II investigation into the proposed merger between Deutsche Börse and NYSE Euronext.
European Commission opens investigation into e-payments market. The European Commission has opened an antitrust investigation into the standardisation process undertaken by the European Payments Council for payments made over the internet.
Commission confirms natural gas sector dawn raids. The European Commission has conducted unannounced inspections at the premises of companies active in the supply, transmission and storage of natural gas in several EU Member States.
General Court finds Commission failure to act. The General Court has ruled that the European Commission failed to fulfil its obligations to act on a complaint by Ryanair against the Italian government for alleged state aid to Alitalia and Volare.

China

MOFCOM enacts merger control rules governing the assessment of effects on competition. Rules enacted by China's Ministry of Commerce that govern the assessment of effects on competition entered into force on 5 September 2011.
MOFCOM adopts procedural regulations in relation to the national security review regime. China's Ministry of Commerce has adopted procedural regulations in relation to the national security review regime.

France

French Competition Authority withdraws approval for CPG / Vivendi acquisition of TPS / CanalSatellite. The French Competition Authority has withdrawn the approval given in 2006 for the acquisition by Canal Plus Group and Vivendi Universal of TPS and CanalSatellite due to the parties' alleged failure to fulfil the original commitments.
Commercial Court orders French Competition Authority to disclose documents. The Commercial Court in Paris has ordered the French Competition Authority to disclose documents in relation to a settled antitrust investigation against HighCo and Sogec, which manage e-coupons and reduction coupons in France.

Germany

Sector inquiry into the food retail sector. The Federal Cartel Office has initiated a sector inquiry into the food retail sector to obtain an accurate picture of market conditions.

The Netherlands

Fines by NMa and European Commission not tax deductible. The Dutch Supreme Court has ruled that fines imposed by the Dutch Competition Authority and fines imposed by the European Commission are not tax deductible.

Poland

Cable TV providers granted conditional merger clearance. After a review lasting almost nine months, the President of the Office of Competition and Consumer Protection has issued a conditional clearance decision relating to the proposed merger between the two cable pay TV providers Aster and UPC Polska.

Romania

Baxter and Belupo fined by Romanian Competition Council. The Romanian Competition Council has fined Baxter, Belupo and their distributors for prohibiting the export of pharmaceutical products.

Slovak Republic

Bill on revised merger control rules approved by the Slovak Parliament. The Slovak Parliament has approved revised merger control rules under the Slovak Competition Act.

Spain

CNC investigates Microsoft for alleged restrictive practices. The Spanish Competition Authority has opened formal proceedings against Microsoft Ibérica, S.R.L. Unipersonal and Microsoft Ireland Operations Limited for alleged restrictive practices.

United Kingdom

OFT to consult on referral of aggregates market to the Competition Commission. The Office of Fair Trading has made a preliminary decision to refer the UK markets for aggregates, cement and ready-mix concrete to the Competition Commission for a market investigation.
OFT refers construction materials JV to CC. The Office of Fair Trading has referred the proposed UK construction materials joint venture between Anglo American PLC and Lafarge S.A. to the Competition Commission for further investigation.
Competition Commission clears Thomas Cook / Co-op travel agency joint venture. The Competition Commission has unconditionally cleared the joint venture between Thomas Cook Group plc, the Co-operative Group Limited and the Midlands Co-operative Society Limited.
OFT receives super-complaint about travel money. The Office of Fair Trading has received a super-complaint from Consumer Focus about the cost of obtaining foreign currency and overseas use of credit and debit cards.
OFT launches dentistry market study. The Office of Fair Trading has launched a market study to examine whether the private and NHS dentistry markets are working well for patients.

United States

Third Circuit decides that Foreign Trade Antitrust Improvements Act claims do not serve as jurisdictional limit. The Third Circuit held that the "U.S. effects" requirement under the Foreign Trade Antitrust Improvements Act was a substantive element of an antitrust claim, rather than a jurisdictional limit, therefore overturning its own precedent.

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