European Courts

• T-224/10: Association Belge des Consommateurs Tests-Achats v Commission. Details of an appeal against the European Commission’s decision to conditionally approve the acquisition of Segebel by EDF have been published in the Official Journal. To read the Official Journal notification, click here.
• T-384/09: SKW Stahl-Metallurgie Holding AG and SKW Stahl-Metallurgie GmbH v Commission. The General Court has published an order allowing an intervention by Arques Industries AG in the appeal by SKW Stahl-Meallurgie Holding AG and SKW Stahl-Metallurgie GmbH against the European Commission’s decision on the calcium carbide and magnesium based reagents cartel. To read the Order, click here.

Mergers Invitation to Comment

• COMP/M.5941: BDMI/DuMont Venture/Learnship – media company, investment in digital media technology companies. Candidate for simplified procedure. Interested parties should submit their comments by 13 August 2010. To read the notification, click here.
• COMP/M.5785: Sun Capital/DSM Special Products – intellectual property rights ownership, production of fine chemicals. Interested parties should submit their comments by 10 August 2010. To read the notification, click here.
• COMP/M.5886: Emerson Electric Co./Chloride Group – technological solutions for network power, electrical equipment, software, UPS systems. Interested parties should submit their comments by 08 August 2010. To read the notification, click here.
• COMP/M.5888: Delek Europe/BP France Retail – fuel products, retail sale of motor fuels. Candidate for simplified procedure. Interested parties should submit their comments by 8 August 2010. To read the notification, click here. 

Mergers – Phase II Proceedings

• COMP/M.5830: Olympic Air/ Aegean Airlines – Interested parties should submit their comments by 7 December 2010. To read the press release, click here.

Mergers Cleared

• COMP/M.5896: Credit Suisse/Barclays/Ionbond Group – global financial service providers. The full text of the decision will be available shortly.

State Aid

• The European Commission has announced its decision to prolong its temporary approval of a recapitalisation package in favour of ABN Amro and Fortis Bank Nederland until it completed its in-depth investigation, under Article 108(2) TFEU, into the aid granted by the Dutch state to the two banks.

UK Notifications and Publications

UK Courts

• Conex Banninger Ltd v The European Commission: the High Court has dismissed an application for a reference to the ECJ as to whether a national court can make declaration about company’s liability for fines for breach of Article 101. To read the judgment, click here.

CAT

• The CAT has published transcripts of the hearing in the appeal by Telefonica O2 Limited (O2) against a decision by Ofcom to refuse O2’s application for a variation of the terms of its Public Wireless Network Licence. To read the transcripts, click here and here.
• The CAT has published the transcripts of hearings in the appeal by Durkan Holdings Limited, Durkan Limited and Concentra Limited against the OFT’s construction bid-rigging decision. To read the transcripts, click here, here, here, here and here.
• The CAT has published an order extending the deadline for Dwr Cymru to file its defence to the damages claim brought by Albion Water under section 47A of the Competition Act 1998. To read the Order, click here.

Consultations

• Ofcom has published a consultation on the arrangements for cost sharing contained in the ITV Networking Arrangements. Interested parties should submit their comments by 5 October 2010. To read the consultation, click here.
• The OFT has published a consultation on its proposal to recommend the extension of the duration of the public transport ticketing schemes block exemption. Interested parties should submit their comments by 20 October 2010. To read the consultation, click here.
• The Competition Commission has published for consultation its provisional decision on remedies in relation to retail payment protection insurance (PPI). Interested parties should submit their comments by 3 September 2010. To read the consultation, click here.
• Ofgem has published a consultation on a proposal to introduce a new condition in the draft generic offshore transmission owner (OFTO) licence. Interested parties should submit their comments by 12 August 2010. To read the consultation, click here.
• Ofgem has published a consultation on the certification of transmission system operators to ensure that they are in compliance with the unbundling requirements contained in the EU third energy reform package. Interested parties should submit their comments by 23 September 2010. To read the consultation, click here.

Mergers – Full Text Decisions

• The Competition Commission has published its provisional decision in respect of the proposed acquisition by FirstGroup plc (FirstGroup) of the Scottish Passenger Rail (ScotRail) franchise. The provisional decision proposes to vary the undertakings so as to allow FirstGroup to withdraw or modify 15 routes controlled by the undertakings. To read the full text of the provisional decision, click here.
• ME/4522/10: Getty Images Inc/Rex Features Limited. The OFT has published the full text of its decision to refer the anticipated acquisition by Getty Images Inc of Rex Features Limited to the Competition Commission. To read the decision, click here.
• ME/4488/10: Babcock International Group plc/ VT Group plc. To read the clearance decision, click here.

Miscellaneous

• Ofcom has published a statement concerning its decision to remove the Airtime Sales Rules, relating to how broadcasters sell television advertising to media buyers and advertisers. It has also announced that it does not intend to launch a broader market study of TV advertising at this time To read the statement, click here.
• The Department for Business, Innovation and Skills (BIS) has published a draft of its structural reform plan, setting out the measures that it intends to take to implement the reforms set out in the coalition government agreement. The main objective will be to help to deliver a fair and balanced economy and a well functioning market. To read the draft plan, click here.
• BIS has announced that it has laid an order before Parliament to direct Ofcom to take action in relation to spectrum modernisation. To read the press release, click here.
• The Electricity (Competitive Tenders for Offshore Transmission Licences) Regulations 2010 have been published. To read the Regulations, click here.
• Ofgem has published an update letter on its review of its procedures for determining disputes. To read the letter, click here.
• Ofgem has published an assessment of liquidity in the British wholesale electricity market. Interested parties should submit their comments by 10 September 2010. To read the assessment, click here.

The European Commission has opened a formal investigation procedure into two alleged breaches of Article 102 TFEU connected with IBM Corporation’s conduct on the market for mainframe computers. To read the press release, click here.

The European Commission has issued a statement of objections to Les Laboratoires Servier and Servier SAS regarding Servier allegedly providing misleading information to the Commission in response to a questionnaire sent out to various stakeholders in the context of the pharmaceuticals sector inquiry. To read the press release, click here.  

European Notifications and Publications 

Mergers Invitation to Comment

• COMP/M.5925: MetLife/Alico/DelAm – insurance, retirement planning, and wealth management. Interested parties should submit their comments by 6 August 2010. To read the notification, click here.
• COMP/M.5944: Osaka/UFG/Infrastructure Arzak/Saggas – investment fund, supply of gas. Interested parties should submit their comments by 6 August 2010. To read the notification, click here.
• COMP/M.5935: VION/Weyl – international livestock. Interested parties should submit their comments by 1 August 2010. To read the notification, click here. 

Mergers Cleared

• COMP/M.5839: Schlumberger / Smith International – oilfield services. To read the press release, click here.
• COMP/M.5889: United Airlines/ Continental Airlines – domestic and international scheduled air passenger and cargo transport. To read the press release, click here.
• COMP/M.5836: FridayEuroTech Holding B.V./BIS Industrial Services Nederland B.V. – civil engineering, construction, industrial services. The full text of the decision will be available shortly.
• COMP/M.5924: Sedgwick/Trident and Hellman & Friedman – private equity investment funds. The full text of the decision will be available shortly.
• COMP/M.5891: Acument Global Technologies/CVC and SCPEL – manufacture of engineered mechanical fastening products and solutions. The full text of the decision will be available shortly.
• COMP/M.5876: Turmed/RACC – travel agencies. The full text of the decision will be available shortly.
• COMP/M.5870: Foxconn/Sony LCD TV Manufacturing Company in Slovakia. The full text of the decision will be available shortly.
• COMP/M.5840: Otto/Quelle Schweiz Assets. The full text of the decision will be available shortly.

Public Procurement

• The European Ombudsman has published a decision finding that the European Commission had committed an instance of maladministration in its conduct of a tender procedure. To read the decision, click here.

State Aid

• The European Commission notice on current state aid recovery interest rates and reference/discount rates for all 27 EU member states has been published in the Official Journal. To read the notice, click here.

UK Notifications and Publications

UK Courts

• Cooper Tire & Rubber Company Europe Ltd & Ors v Dow Deutschland Inc & Ors: the Court of Appeal has dismissed an appeal against a judgment whereby the Commercial Court refused to stay an action for damages based on the European Commission’s decision in the synthetic rubber cartel, where proceedings based on the same decision had also been brought in the Italian courts. To read the judgment, click here.
• Proactive Sports Management Ltd v Rooney and others: the High Court has held that an image rights agreement between Wayne Rooney and his former management company, Proactive Sports Management Ltd, was unenforceable by Proactive, as it was in restraint of trade. To read the judgment, click here.

CAT

• The CAT has published the transcripts of the latest hearings of the appeals against the OFT’s construction bid-rigging decision. To read the transcript in respect of Quarmby Construction, click here and here; AH Willis, click here, North Midland Construction, click here and GMI Construction, click here and here.
• The CAT has dismissed an application by Ofcom to stay BT’s appeal against Ofcom’s determination of disputes between BT and a number of communications providers in relation to BT’s introduction of termination charges for calls to 0800 and 0808 numbers. To read the ruling, click here.

Consultations

• The OFT has published a scoping paper seeking views on areas to be included in the next phase of its project, deigned to improve the transparency of its work and the way it engages with those interested in what it does. Interested parties should submit their comments by 30 September 2010. To read the scoping paper, click here.
• The OFT has published a consultation on proposals for action to protect consumers and drive competition and economic growth in online markets. Interested parties should submit their comments by 13 October 2010. To read the consultation, click here.
• The OFT has launched a consultation on online consumer protection. To read the press release, click here.
• Ofcom has published a consultation document on its proposed approach to its duty under the Digital Economy Act 2010 to report to the Secretary of State every three years on the UK’s communications infrastructure. Interested parties should submit their comments by 30 September 2010. To read the consultation, click here.
• The Department of Health has published a consultation on its proposals to establish Monitor as an economic regulator, with concurrent competition powers, for health service providers. Interested parties should submit their comments by 11 October 2010. To read the consultation, click here.
• Ofcom has published its draft local media assessment guidance for consultation. The aim of the LMA is to provide a means for Ofcom to provide views in order to assist the OFT in its assessment of mergers between local media companies. Interested parties should submit their comments by 20 September 2010. To read the guidance, click here.
• Ofgem has published for consultation its recommendations on a new regulatory framework for electricity and gas transmission and distribution. Interested parties should submit their comments by 6 September 2010. To read the consultation, click here.
• The Department for Energy and Climate Change (DECC) has published a call for evidence in order to inform its review of the regulatory role of Ofgem. Interested parties should submit their comments by 24 September 2010. To read the call for evidence, click here.
• The DECC has published a consultation on proposed changes to the GB energy market framework in order to implement the EU’s third energy reform package. Interested parties should submit their comments by 19 October 2010. To read the consultation, click here.
• The Department for Transport (DfT) has published a consultation on proposals for reforming rail franchising. Interested parties should submit their comments by 18 October 2010. To read the consultation, click here.

Mergers – Cleared

• ME/4544/10: Assa Abloy AB/ Paddock Holdings Limited – door locks. The full text of the decision will be available shortly.
• The Competition Commission has announced that it has cancelled its inquiry into the anticipated acquisition by Getty Images, Inc of Rex Features Limited, having received assurances from Getty Images, Inc that the proposed acquisition has been abandoned. To read the announcement, click here.

Mergers – Full Text Decisions

• ME/4563/10: AP Møller-Maersk A/S of a 31 per cent interest in DFDS A/S – shipping. To read the full text of the clearance decision, click here.

Miscellaneous

• The OFT has published its Annual Report for 2009/10. To read the press release, click here. To read the report, click here.
• The OFT has published a report on the consumer benefit of the work it has carried out during the last three financial years. To read the report, click here.
• The Competition Commission has published its Annual Report and Accounts for 2009/10. To read the press release, click here. To read the report, click here.
• Ofcom has published its first annual Digital Radio Progress Report covering developments in the digital radio market. To read the report, click here.

The European Commission has imposed a total fine of EUR175,647,000 on five producers for price-fixing and market-sharing in the market for animal feed phosphates. To read the press release, click here.

European Notifications and Publications

European Courts

• T-96/08: Global Digital Disc v Commission. The General Court has published an order removing from the Court’s register an action brought by Global Digital Disc GmbH to challenge a decision by the European Commission to dismiss a complaint against Philips. The order is not yet available in English. To read the order in French, click here.
• C-440/07: Commission v Schneider Electric SA – damages. The ECJ has published an order setting out the amount of damages (Euro 30,000) that the European Commission must pay to Schneider Electric SA for the costs incurred as a result of resumption of a Phase II merger investigation following an appeal. The order is not yet available in English. To read the order in French, click here.
• C-271/08: Commission v Germany – public procurement. The ECJ has delivered a judgment on an action brought by the European Commission against Germany for breach of the public procurement rules. To read the judgment, click here.

Article 101 – Commitments

• The European Commission has made legally binding commitments offered by British Airways, American Airlines and Iberia, three members of the oneworld airline alliance, offered in response to the Commission’s concerns that the planned joint venture between BA, AA and IB may be in breach of EU antitrust rules. To read the press release, click here. 

Mergers – Referred to National Competition Authorities

• COMP/M.5814: CVC/ Univar Europe/ Eurochem – distribution of chemicals. The European Commission has referred part of the proposed acquisition relating to Eurochem’s activities in France to the French competition authority at its request. To read the press release, click here.

Mergers Cleared

• COMP/M.5904: SAP/Sybase – databases, middleware and enterprise application software. To read the press release, click here.
• COMP/M.5747: Iberia/ British Airways – passenger and cargo transport. To read the press release, click here.
• COMP/M.5808 : JSA /Jacquet Metals/IMS – distribution of stainless steel products. To read the press release, click here.
• COMP/M.5877: Geodis/ Giraud – goods transport, freight. To read the press release, click here.
• COMP/M.5895: Busslink/Keolis – passenger transport. To read the Official Journal notification, click here. 

Public Procurement

• The European Commission has published a decision exempting the production and wholesale of electricity in Italy’s Macro-zone North from the application of Directive 2004/17 on procurement by utility companies (the Utilities Directive). To read the Commission decision, click here.

State Aid

• The European Commission has decided to open an in-depth state aid investigation into exchange rate risk insurance offered by the French authorities to companies supplying parts to aircraft manufacturers. To read the press release, click here.
• The European Commission has decided to approve the long-term annual funding mechanism for France Televisions. To read the press release, click here.
• The European Commission has approved a modified Swedish scheme that provides state support for newspapers. To read the press release, click here.
• The European Commission has decided to approve aid to be granted by Estonia to support the establishment of a country-wide high-speed broadband infrastructure. To read the press release, click here.
• Following an in-depth investigation, the European Commission has decided to approve a new tax-based funding system for the Spanish public broadcaster RTVE. To read the press release, click here.
• The European Commission has ordered the recovery of illegal state aid granted to Banco Privado Português. To read the press release, click here.

Speeches

• Neelie Kroes speech: “Facilitating a competitive environment for SMEs to develop future internet business models”. To read the speech, click here.

Miscellaneous

• The European Commission has relieved Sky Italia from one of the commitments given in respect of the Newscorp/Telepiu merger to allow it to bid for the allocation of digital terrestrial television multiplexes in Italy. To read the press release, click here.
• The European Regulators Group for Electricity and Gas has published for consultation pilot framework guidelines on electricity grid connection. Interested parties should submit their comments by 24 September 2010. To read the consultation, click here.
• ERGEG has published its final recommendations on the ten-year network development plan for gas. To read the recommendations, click here.

UK Notifications and Publications

UK Courts

• Jones v Ricoh UK Ltd: the High Court has delivered a ruling on an application for summary judgment in a claim alleging breach of a confidentiality agreement, holding that part of the agreement infringed Article 101. To read the judgment, click here.

CAT

• The CAT has published an order which grants Cable & Wireless, the Carphone Warehouse and Gamma Telecom permission to withdraw their appeals against Ofcom’s decision regarding carrier pre-selection charges. To read the order, click here.
• The CAT has published the transcripts of the latest hearings of the appeals against the OFT’s construction bid-rigging decision. To read the transcripts in respect of Quarmby Construction, click here and here; in respect of AH Willis, click here; in respect of North Midland Construction, click here; in respect of GMI Construction, click here and here.
• The CAT has published an order disposing of Stagecoach’s successful challenge to the Competition Commission’s decision on the Stagecoach/ Preston Bus merger. To read the order, click here.

Consultations

• The Competition Commission has published for consultation a proposal to accept undertakings varying ITV’s Contracts Rights Renewal undertakings (the CRR Undertakings), which were accepted in 2003 as a condition to the merger of Carlton Communications Plc and Granada Plc. Interested parties should submit their comments by 2 August 2010. To read the consultation, click here.
• The Department for Business, Innovation and Skills (BIS) has published for consultation a discussion paper on the deployment of superfast broadband and the benefits and problems associated with sharing the infrastructure of other non-telecommunications utilities. Interested parties should submit their comments by 16 September 2010. To read the discussion paper, click here.
• Ofcom has published a consultation on a proposed change of policy in relation to the duration of local analogue commercial radio licences. Interested parties should submit their comments by 9 September 2010. To read the consultation, click here.

Mergers – Invitation to Comment

• EDR Landmark Group Limited/ Argyll Environmental Limited – environmental risk reports. Interested parties should submit their comments by 4 August 2010. To read the invitation to comment, click here.
• British Sky Broadcasting Group plc/Virgin Media Group – TV broadcasting. Interested parties should submit their comments by 4 August 2010. To read the invitation to comment, click here.
• Hunter Douglas/Faber-Benthin – blinds. Interested parties should submit their comments by 2 August 2010. To read the invitation to comment, click here.
• Travis Perkins / BSS Group – retail sale of plumbing and heating equipment. Interested parties should submit their comments by 30 July 2010. To read the invitation to comment, click here.

Mergers – Cleared

• ME/4563/10AP: Moller-Maersk A/S of a 31% interest in DFDS A/S – shipping. The full text of the decision will be available shortly.
• ME/4548/10: Hotelplan (UK Group) Limited of Enigma Travel Group Limited – travel. The full text of the decision will be available shortly.

Mergers – Full Text Decisions

• GXS/Inovis – business-to-business e-commerce services and software solutions. To read the full text decision, click here.

Public Procurement

• The OGC has published a procurement policy note on the use of framework agreements set up by non-contracting authorities. To read the note, click here

Speeches

• Ed Richards speech: “Competition law and the communications sector”. To read the speech, click here.

Miscellaneous

• The Competition Commission has published a statement on its website about the future of the Stagecoach/ Preston Bus case. To read the statement, click here.
• Ofcom has published its annual report on public service broadcasting. To read the report, click here.
• The House of Commons Treasury Select Committee has announced a new inquiry into competition and choice in the banking sector. To read the press release, click here.
• Ofcom has announced the addition of a party to its determination of a dispute between BT and each of Cable & Wireless Worldwide, Gamma Telecom, Colt Technology Services and Verizon UK Limited regarding the repayment by BT of certain termination charges. To read the announcement, click here.
• The National Lottery Commission has reached a provisional decision, based on competition law grounds, to refuse an application by Camelot to provide ancillary services. To read the press release, click here.
• Postcomm published its annual report for the year ending 31 March 2020. To read the report, click here.
• Ofwat has published its annual report for the reporting year 1 April 2009 to 31 March 2010. To read the report, click here.

European Courts

• T-111/07: Agrofert Holding a.s. v Commission – refusal of access to information. The General Court has delivered its judgment on the appeal by Agrofert Holding a.s. against the European Commission’s refusal to disclose information relating to its approval of the PKN Orlen/ Unipetrol merger. To read the judgment, click here.
• Joined Cases C-78/08, C-79/08 and C-80/08: Paint Graphos Adige Carni and Franchetto – tax relief; state aid. AGl Jaaskinen has delivered an opinion on a preliminary reference from the Italian Supreme Court concerning the classification of Italian tax relief measures for co-operative societies as state aid. The opinion is not yet available in English. To read the opinion, click here.
• T-396/08: Freistaat Sachsen and Land Sachsen-Anhalt v Commission – state aid. The General Court has dismissed an appeal against a European Commission decision finding that the proposed grant of training aid to the express courier services company, DHL, was incompatible with the internal market. To read the judgment, click here.
• C-171/08: Commission v Portuguese Republic – freedom of establishment. The ECJ has delivered its judgment in an action in which the European Commission sought a declaration declaring Portugal’s failure to fulfil its Treaty obligations by maintaining golden shares in Portugal Telecom. The ECJ has granted the Commission’s application. To read the judgment, click here. 

Mergers Invitation to Comment

• COMP/M.5826: Anglo Irish Bank/RBS/Arnotts – banking and financial services. Interested parties should submit their comments by 20 July 2010. To read the notification, click here.
• COMP/M.5875: Lactalis/Puleva Dairy – production and sale of dairy products. Interested parties should submit their comments by 19 July 2010. To read the notification, click here.
• COMP/M.5908: Honeywell/Sperian – personal protective equipment. Interested parties should submit their comments by 18 July 2010. To read the notification, click here.

Mergers – Phase II Proceedings

• COMP/M.5675: Syngenta/Monsanto’s Sunflower Seed Business. Interested parties should submit their comments by 23 July 2010. To read the Official Journal notification, click here. 

Mergers Cleared

• COMP/M.5863: Merck/ Millipore – production and manufacture of pharmaceuticals, chemical and biological molecules. To read the press release, click here.
• COMP/M.5859: Whirlpool/ The Privileg Rights – manufacture of domestic appliances; acquired trademark applications. To read the press release, click here.
• COMP/M.5789: Volvo/Geely and Daqing – manufacturer of cars; investment and management of state-owned assets. To read the press release, click here.

Speeches

• Joaquin Almunia speech: “Competition in Digital Media and the Internet”. To read the speech, click here.

UK Notifications and Publications

UK Courts

• Pirtek (UK) Ltd/Joinplace Ltd: the High Court has handed down a ruling dismissing a competition defence against an alleged breach of a restrictive covenant in a franchise agreement. To read the judgment, click here.

CAT

• The CAT has delivered a judgment on the admissibility of evidence in the appeal brought by BT against the Ofcom determination of disputes between BT and a number of communications providers about BT’s introduction of termination charges for calls to 0800 and 0808 numbers. To read the judgment, click here.
• The CAT has published a ruling which grants an extension of time to BT for requesting permission to appeal against the CAT’s judgment in relation to disputes about BT’s charges for partial private circuits. To read the ruling, click here.
• The CAT has published the Competition Commission’s determination of the price control matters raised in the appeal by Cable & Wireless UK against parts of the decision of Ofcom regarding leased line charge control. To read the determination, click here.
• The CAT has published transcripts of more of the hearings in the appeals against the OFT’s construction bid-rigging decision. To read the transcripts in respect of Crest Nicholson, click here; in respect of ISG Pearce, click here and here; in respect of GF Tomlinson, click here; in respect of Sol Construction, click here.

Mergers – Referred to the Competition Commission

• The OFT has referred the anticipated acquisition of Rex Features Limited by Getty Images, Inc to the Competition Commission under the Enterprise Act 2002. To read the press release, click here.

Mergers – Invitation to Comment

• DS Smith/Otor – packaging. Interested parties should submit their comments by 22 July 2010. To read the invitation to comment, click here.

Mergers – Not Qualifying for Investigation

• ME/4548/10: Hotelplan (UK Group) Limited/Enigma Travel Group Limited. The full text of the decision will be available shortly.

Speeches

• John Fingleton speech: “Reforming Public Services”. To read the speech, click here.

Miscellaneous

• Ofcom has published its final statement on the changes that it is introducing to the mobile number porting process. To read the statement, click here.
• Ofcom has published a supplementary consultation on its draft determination to resolve a dispute between BT and certain Mobile Network Operators about BT’s termination charges for 0845 and 0870 calls. To read the supplementary consultation, click here.
• Ofgem has published a letter setting out the results of its review of the conduct of the electricity distribution price control review. To read the letter, click here.
• The OFT is seeking the views of businesses on the barriers faced by small and medium-sized firms online. To read the press release, click here.
• The OFT has published an update to its market study report on charges for unarranged overdrafts in personal current accounts (PCAs). To read the update, click here.
• The OFT has published a working paper on ensuring competitive neutrality in mixed markets in which state-owned enterprises, private firms and third sector organisations compete alongside one another. To read the paper, click here.
• The DCMS has published a Digital Radio Action Plan, setting out a number of actions that are intended to inform any future decision on digital radio switchover. To read the Action Plan, click here.

The European Commission has fined 17 producers of prestressing steel EUR 518.5 million for eighteen years’ participation in a price-fixing and market-sharing cartel. To read the press release, click here.

The Competition Act 1998 (Land Agreements Exclusion Revocation) Order 2010 (SI 1709/2010) was published on 5 July 2010, along with an Explanatory Memorandum. The Order will take effect from 6 April 2011 and will revoke the current exclusion for land agreements from the Chapter I prohibition of the Competition Act 1998. To read the Order, click here. To read the Explanatory Memorandum, click here.  

European Notifications and Publications

European Courts

• T-181/10: Reagens v Commission – cartel, refusal of access to documents. Details of an appeal by Reagens, seeking the annulment of a Commission decision to refuse access to documents relating to its application for inability to pay a cartel fine, have been published. To read the Official Journal notification, click here.
• T-189/10: GEA Group v Commission – cartel. Details of an appeal by GEA Group against the Commission’s decision on the heat stabilisers cartel have been published. To read the Official Journal notification, click here.
• T-321/05: AstraZeneca AB and AstraZeneca plc v Commission – abuse of a dominant position. The General Court has delivered its judgment on AstraZeneca’s appeal against a decision of the European Commission that fined AstraZeneca for abusive patent misuse. To read the judgment, click here.
• T-24/09: Biocaps v Commission – unannounced Commission inspections. The General Court has published an order dismissing an appeal brought by Biocaps against the Commission’s decision to conduct unannounced inspections in the biomedical analysis market. To read the order, click here.
• C-407/08P: Knauf Gips KG v Commission – plasterboard cartel. The ECJ has handed down its judgment in an appeal by Knauf Gips KG against the General Court’s decision to reject its appeal against the Commission’s decision in relation to the plasterboard cartel. To read the judgment, click here. To read the press release, click here.
• C-393/08 Emanuela Sbarigia v Azienda USL RM – pharmacy opening hours. The ECJ has delivered its judgment on a reference from an Italian court on the compatibility of regional rules restricting the opening hours of pharmacies with EU law. To read the judgment, click here.
• Joined Cases T-568/08 and T-573/08: Metropole television and Television française 1 SA v Commission – state aid. The General Court has delivered its judgment in appeals by M6 and TF1 against a decision approving a EUR150 million capital injection into France Televisions. The judgment and the press release are currently only available in French. To read the judgment, click here. To read the press release, click here.
• T-335/08: BNP Paribas and Banca Nazionale del Lavoro Spa v Comm – tax schemes constituting state aid. The General Court dismissed an appeal against the European Commission’s decision that an Italian aid scheme in favour of restructured banks was incompatible with the common market. To read the judgment, click here.
• The General Court has handed down its judgments on appeals brought by four parties against a European Commission decision that the grant by Italy of operating aid in the form of a preferential electricity tariff was incompatible with the internal market. To read the judgment in respect of Italy, click here; in respect of ThyssenKrupp click here; in respect of Cementir Italia Srl click here and in respect of Nuova Terni Industrie Chimiche SpA click here. To read the press release, click here.
• C-99/09: Polska Telefonia Cyfrowa – interconnection, number portability. The ECJ has delivered its judgment on a reference for a preliminary ruling from a Polish court on the correct methodology for charging for interconnection related to the provision of number portability. To read the judgment, click here.
• T-342/07: Ryanair v Commission – acquisition of Aer Lingus. The General Court has dismissed Ryanair’s appeal against the European Commission’s decision of June 2007, prohibiting the acquisition of Aer Lingus by Ryanair. To read the judgment, click here. To read the press release, click here.

Mergers Invitation to Comment

• COMP/M.5778: Novartis/Alcon – distribution and marketing of medical/eye care products. Interested parties should submit their comments by 10 July 2010. To read the notification, click here.
• COMP/M.5741: CDC/Veolia Environment/Transdev/Veolia Transport – transport services. Interested parties should submit their comments by 12 July 2010. To read the notification, click here.
• COMP/M.5830: Olympic/Aegean Airlines – air transport of passengers and cargo. Interested parties should submit their comments by 11 July 2010. To read the notification, click here. 

Mergers Cleared

• COMP/M.5854: Polimeri Europa Benelux/Total Petrochemicals Feluy – petrochemicals, manufacture of commodity polymers. To read the press release, click here.
• COMP/M.5871: KKR/ Triton/ Ambea BE – asset management, private equity. To read the decision, click here.
• COMP/M.5864: Avnet/Bell Micro – information technology products. To read the press release, click here.
• COMP/M.5838: Círculo/Bertelsmann/Planeta – media group, sale of books. To read the press release, click here.

Speeches

• Neelie Kroes speech: “Working together to implement the Digital Agenda”. To read the speech, click here.
• Neelie Kroes speech: “European media revolution – viability through innovation”. To read the speech, click here.

Miscellaneous

• Consolidated versions of the Rules of Procedure of the European Court of Justice and the Rules of Procedure of the General Court were published in the Official Journal. To read the rules in respect of the ECJ, click here. To read the rules in respect of the General Court, click here.
• The European Commission has published a report on its monitoring of patent settlements in the pharmaceutical sector. To read the press release, click here.
• The European Commission has published a report identifying key issues that are possibly hindering more efficient and fairer retail services within the EU. To read the report, click here. To read the press release, click here.

UK Notifications and Publications

Consultations

• The Competition Commission has published for consultation a new draft of the Groceries Market Investigation (Controlled Land) Order 2010. Interested parties must submit their comments by 9 July 2010. To read the notice of intention to make a draft order, click here.

CAT

• The CAT has published a notice of a claim for damages brought by Albion Water Limited against Dwr Cymru Cyfyngedig under section 47A of the Competition Act 1998. To read the notice, click here.
• The CAT has published the transcripts of the first hearings in the appeals against the OFT’s construction bid-rigging decision. To read the transcripts in respect of JH Hallam click here; in respect of Hobson & Porter click here; in respect of Kier Group click here; in respect of Corringway Conclusions click here; in respect of Sicon and John Sisk & Son click here; in respect of GAJ Construction click here; in respect of Ballast Nedam click here; in respect of Thomas Vale click here; in respect of Bowmer and Kirkland click here.
• The CAT has published a ruling on intervention and confidentiality in the appeals brought by Virgin Media, FAPL, Sky and BT against Ofcom’s decision following its review of the pay TV market. To read the ruling, click here. To read the order establishing a confidentiality ring, click here.

Mergers – Full Text Decisions

• ME/4539/10: 2 Sisters Property BV/Storteboom Group BV. To read the full text of the clearance decision, click here.
• ME/4406/10: GB Oils Limited/Brogan Holdings Limited. To read the full text of the decision, click here.

Public Procurement

• The Office of Government Commerce (OGC) has published a Procurement Policy Note, explaining the requirements for greater transparency in central government procurement, which have been introduced by the coalition government. To read the note, click here.
• The OGC has published a note updating guidance on the application of the public procurement rules to development agreements and planning agreements in order to take account of the ECJ March 2010 ruling in the case of Helmut Muller. To read the note, click here.

Speeches

• John Fingleton speech: “Challenges and opportunities for the competition regime”. To read the speech, click here.

Miscellaneous

• The OFT has published the full text of its decision to impose a £225m fine on two tobacco manufacturers and ten retailers. To read the decision, click here.
• The Autorité de la concurrence has ordered Google to implement in an objective, transparent and non discriminatory manner the content policy of its AdWords service. To read the press release, click here.

The European Commission has imposed a EUR 662 million fine on 17 bathroom equipment manufacturers for participation in a price-fixing cartel. To read the press release, click here.

The European Commission has decided to re-adopt its decision to fine Bollore in relation to its participation in the carbonless paper cartel. To read the press release, click here.

The European Commission has launched a public consultation on the review of the Market Abuse Directive. Interested parties should submit their comments by 23 July. To read the consultation, click here.

European Notifications and Publications

European Courts

• T-66/01: Imperial Chemical Industries Ltd v Commission – abuse of a dominant position. The General Court has handed down its judgment on an appeal by ICI against the European Commission’s decision finding that it had abused its dominant position in the soda ash market. To read the judgment, click here.
• C-441/07 P: Commission v Alrosa Company Limited – abuse of a dominant position. The Court of Justice has set aside the judgment of the General Court and upheld the Commission’s decision making binding the commitments offered by De Beers to cease all purchases of rough diamonds from Alrosa. To read the press release, click here To read the judgment, click here.
• C-139/07 P: European Commission v Technische Glaswerke Ilmenau GmbH – access to documents related to state aid investigation. The Court of Justice has held that the refusal of access to documents concerning a procedure for reviewing State aid may be justified by the general presumption that the disclosure of those documents would undermine investigation activities. To read the press release, click here. To read the judgment, click here.
• C-226/09: European Commission v Ireland – procurement process. Advocate General Mengozzi has delivered an opinion upholding one of two complaints by the European Commission. To read the opinion, click here.

Mergers Invitation to Comment

• COMP/M.5855: Deutsche Bahn/Arriva – passenger transport. Interested parties should submit their comments by 9 July 2010. To read the notification, click here.
• COMP/M.5889: United Air Lines/Continental Airlines – provision of air services for passengers and freight. Interested parties should submit their comments by 6 July 2010. To read the notification, click here.
• COMP/M.5839: Schlumberger/Smith International – oil and gas. Interested parties should submit their comments by 5 July 2010. To read the notification, click here.
• COMP/M.5904: SAP/Sybase – computer programming, consultancy and related activities and software publishing. Interested parties should submit their comments by 4 July 2010. To read the notification, click here.
• COMP/M.5865: Teva/Ratiopharm – manufacture of basic pharmaceutical products and pharmaceutical preparations. Interested parties should submit their comments by 3 July 2010. To read the notification, click here.

Mergers – Referred to National Competition Authorities

• COMP/M.5790: Lidl/Tengelmann – supermarket chains in Bulgaria and Romania. To read the press release, click here.

State Aid

• The European Commission has published its latest overview of national state aid measures adopted in response to the financial and economic crisis. To read the press release, click here.
• The European Commission has published its notice on current state aid recovery interest rates and reference/discount rates in the Official Journal. To read the notice, click here.

Miscellaneous

• The European Regulators Group for Electricity and Gas (ERGEG) has published its final position paper on smart grids. To read the position paper, click here.
• The European Commission has decided to send reasoned opinions to 20 member states requiring them to implement and fully apply various aspects of the EU legislation relating to the creation of a single EU market for gas and electricity. To read the press release, click here.
• The European Commission has issued a statement on the measures of the Roaming Regulation that come into force on 1 July 2010. To read the press releases, click here and here. The European Commission has also published an interim report on roaming prices which indicates that while prices are down, competition is still not strong enough. To read the press release, click here.
• The European Commission is taking legal action against Germany and Poland over failure to consult on price-control rules when regulating mobile termination rates. To read the press release, click here.
• The European Commission has begun infringement action against five member states for their failure to fully implement the new public procurement Remedies Directive into national law. To read the press release, click here.
• BEREC has published a joint BEREC-Radio Spectrum Policy Group (RSPG) draft report on the impact of technological and market evolution on market definitions in the case of spectrum. To read the report, click here.

UK Notifications and Publications

CAT

• The CAT has published notices of appeals brought by six companies against the OFT’s decision finding that they had infringed the Chapter I prohibition of the Competition Act 1998. To read the Notice of Appeal brought by Imperial Tobacco, click here; by Shell, click here; by Asda, click here; by Safeway, click here; by Morrisons, click here; and by Co-Op, click here.
• The CAT has published the transcripts of an interim hearing in the appeal by BT against the Ofcom determination on disputes about termination charges for calls to 080 numbers. To read the transcripts, click here and here.

Mergers – Invitation to Comment

• IDOX plc/Grantfinder Limited – computer software. Interested parties should submit their comments by 6 July 2010. To read the notification, click here.

Mergers – Not Qualifying for Investigation

• ME/4540/10: Sports Direct International plc/ Blacks Leisure Group – retailing of outdoor apparel and equipment. To read the decision, click here.

Mergers – Cleared

• ME/4488/10: Babcock International Group/VT Group plc – support services to defence industry. To read the decision, click here.
• ME/4475/10: GXS/Inovis – grocery retailing. To read the decision, click here.

Mergers – Cleared Subject to Undertakings

• ME/4406/10: GB Oils Limited/Brogan Holdings Limited – heating oils and transport fuels. To read the press release, click here. To read the decision, click here.

Mergers – Full Text Decisions

• ME/4519/10: RREEF Pan-European Infrastructure Fund LP/Kelda Holdings Limited – water. To read the full text of the clearance decision, click here.

Miscellaneous

• Ofcom has announced that it will resolve a dispute between BT and each of Cable & Wireless, Gamma, Colt and Verizon in relation to the repayment by BT of certain charges for the transit of traffic. To read the announcement, click here.
• Ofcom has published a discussion document on internet traffic management and “net neutrality”. To read the discussion document, click here.
• The OFT has published its revised guidance on director disqualification orders in competition law cases. To read the press release, click here. To read the guidance document, click here.
• The High Court has handed down a judgment which rejects an application by Leeds City Council to strike out or give summary judgment on parts of a claim for breach of the public procurement rules brought by Montpellier Estates Limited. To read the judgment, click here.
• BIS has announced that Richard Hooper will be updating his December 2008 Report on the maintenance of the universal postal service in the UK. To read the press release, click here.
• The government has published its response to the DCMS Select Committee’s report on the future for local and regional media, confirming that it intends to relax the rules on cross-media ownership. To read the response, click here.

The European Commission has sent a Statement of Objections to nine European producers of mountings for windows and window-doors, in relation to their alleged participation in a cartel covering mountings used to open and close windows and terrace and balcony-doors. To read the press release, click here. 

European Notifications and Publications

European Courts

• C-222/08: Commission v Belgium – implementation of the Universal Services Directive. The Advocate General has handed down his opinion on an application by the European Commission seeking a declaration that Belgium has failed to implement correctly the Universal Services Directive. This opinion is not yet available in English. To read the opinion in French, click here.
• C-389/08: Base and Others – provision of universal service. The Advocate General has given an opinion on whether a member state’s legislature has the competence to determine if the provision of universal service might pose an unfair burden on universal service providers. This opinion is not yet available in English. To read the opinion in French, click here.
• C-413/08 P: Lafarge SA v Commission – plasterboard cartel. The ECJ has dismissed in its entirety the appeal by Lafarge SA against the General Court’s judgment in relation to the plasterboard cartel. To read the press release, click here. To read the judgment, click here.
• T-65/08: Spain v Comission – control of concentrations. The General Court has published an Order to remove the action brought by Spain to appeal against Article 21 decision in relation to the Enel/Acciona/Endesa merger from its register. To read the Order, click here.
• T-177/07: Mediaset SpA v Commission – state aid. The General Court has dismissed an appeal by Mediaset SpA against a European Commission decision finding that subsidies granted to consumers in Italy for the purchase of digital terrestrial decoders constituted unlawful state aid. To read the judgment, click here.
• Details of an appeal brought by Niki Luftfahrt GmbH before the General Court to seek the annulment of the European Commission’s decision to grant conditional approval for the acquisition by Lufthansa of Austrian Airlines were published in the Official Journal. To read the OJ notification, click here.

Mergers Invitation to Comment

• COMP/M.5904: SAP/ Sybase – computer programming, consultancy and related activities and software publishing. Interested parties should submit their comments by 22 July 2010. To read the notification, click here.
• COMP/M.5865: Teva/ Ratiopharm – manufacture of basic pharmaceutical products and pharmaceutical preparations. Interested parties should submit their comments by 19 July 2010.
• COMP/M.5877: Geodis/ Giraud – combined transport, freight and freight forwarding. Interested parties should submit their comments by 16 July 2010. To read the notification, click here.
• COMP/M.5779: Comcast/ NBC – operation of cable systems, licensing of TV content and channels and operation of websites and the development, production, marketing and distribution of entertainment, news, and information. Interested parties should submit their comments by 16 July 2010. To read the notification, click here.
• COMP/M.5747: Iberia/ British Airways – Air transport services. Interested parties should submit their comments by 15 July 2010. To read the notification, click here.

Mergers – In depth investigation

• COMP/M.5675: Syngenta/ Monsanto’s sunflower seed business. The European Commission has opened an in-depth investigation into the proposed acquisition of the global sunflower seed business of US company Monsanto by Syngenta of Switzerland. To read the press release, click here.

Mergers Cleared

• COMP/M.5755: Schneider Electric/Areva T&D – energy management, transmission and distribution of medium voltage electrical power. To read the Official Journal notification, click here.
• COMP/M.5811: Erste Bank/ASK – banking and financial services. To read the Official Journal notification, click here.
• COMP/M.5740: Gazprom/ A2A / JV – gas retail supply. To read the press release, click here.
• COMP/M.5844: JP Morgan/ RBS Sempra – commodities. To read the press release, click here.
• COMP/M.5802: RWE Energy/Mitgas – retail supply of gas, electricity, heat. To read the press release, click here.
• COMP/M.5828: Proctor & Gamble/ Sara Lee Aircare – manufacturing, development, distribution and marketing of household care/air fresheners. To read the press release, click here.
• COMP/M.5841: Cathay Pacific/ Air China – air transport. To read the press release, click here.
• COMP/M.5655: SNCF/ LCR/ Eurostar – railway infrastructure. The European Commission has decided in accordance with Article 6(2) of the EU Merger Regulation to grant conditional approval to the proposed joint venture by SNCF and London Continental Railways. To read the press release, click here.
• COMP/M.5756: DFDS/ Norfolk – shipping. The European Commission has decided in accordance with Article 6(2) of the EU Merger Regulation to grant conditional approval to the acquisition of Norfolk Holdings B.V. by DFDS Tor Line Holding AB. To read the press release, click here.

Miscellaneous

• The European Commission has accepted a proposal by the Austrian telecoms regulator to oblige Telekom Austria to provide virtual access to its network. To read the press release, click here.
• The European Parliament has adopted a resolution calling on the European Commission to ensure effective implementation of legislation to open up rail networks. To read the resolution, click here.
• The European Regulators Group for Electricity and Gas (ERGEG) has submitted the final version of its pilot framework guideline for capacity allocation on European gas transmission networks to the European Commission. To read the pilot framework guideline, click here.

UK Notifications and Publications

CAT

• Telefonica O2 Limited v Office of Communications. The CAT has published an Order setting out future progress of the appeal and allowing T-Mobile, Three and Vodafone leave to intervene in the appeal. To read the Order, click here.
• The CAT has published a notice of appeal by Top Up TV against Ofcom’s decision to approve Project Picnic (a proposal by BSkyB and Arqiva to replace Sky’s existing free-to-air channels with pay-TV services). To read the Notice of Appeal, click here.

Competition Commission

• The Competition Commission has published its provisional findings on the appeal by Bristol Water plc against Ofwat’s price control determination. To read the press release, click here. To read the provisional findings, click here.

Mergers – Not Qualifying for Investigation

• RREEF Pan-European Infrastructure Fund / Kelda Holdings / Yorkshire Water Services – water. To read the decision, click here.

Mergers – Full Text Decisions

• Servisair UK Limited /Aviance UK Limited – ground handling services. To read the full text of the clearance decision, click here.

Miscellaneous

• The OFT has published a non-confidential version of its first Short-form Opinion which offers guidance (to facilitate self assessment) on the application of the Chapter I prohibition CA 1998 and/or Article 101 of the TFEU to a prospective joint purchasing agreement in the wholesale grocery market. To read the Opinion, click here.
• The OFT has published a statement on its approach to improving the transparency of its work. To read the statement, click here.
• Ofgem has published its latest report on the electricity and gas supply market, reviewing the relationship between energy retail and wholesale prices. To read the report, click here.

European Courts

• T-237/05: Éditions Jacob v Commission – public access to institutional documents. The General Court has handed down its judgment on an appeal against a European Commission decision refusing to disclose certain documents in respect of a Commission investigation under the EU Merger Regulation. The judgment is at present only available in French. To read the judgment, click here.
• C-140/09 Fallimento Traghetti del Mediterraneo SpA v Presidenza del Consiglio dei Ministri – state aid, subsidies. The ECJ has given its judgment on the interpretation of EU state aid law as applied to compensation for the discharge of public service obligations. To read the judgment, click here.

Mergers Invitation to Comment

• COMP/M.5859: Whirlpool/Privileg Rights – manufacturing and marketing of domestic appliances. Interested parties should submit their comments by 22 June 2010. To read the notification, click here.
• COMP/M.5863: Merck/Millipore – manufacturing and supply of pharmaceuticals and chemicals; life science. Interested parties should submit their comments by 20 June 2010. To read the notification, click here.

Mergers Referred to National Competition Authorities

• COMP/M.5803: Eurovia/ Tarmac Commission – aggregates, asphalt mix, civil engineering/road works. The Commission has cleared part of the proposed acquisition and refers certain aspects to French and Czech national competition authorities. To read the press release, click here.

State Aid

• The European Commission is consulting on the application of the state aid rules to services of general economic interest. The consultation runs until 10 September 2010. To read the press release, click here. To read the consultation, click here.
• The European Commission has ordered the recovery of EUR112 million state aid granted to the Hungarian oil and gas company, MOL. To read the press release, click here.
• The EFTA Surveillance Authority Decision No 500/08/COL amending the procedural and substantive rules in the field of State aid by introducing a new chapter on State aid for environmental protection, has been published in the Official Journal. To read the Decision, click here.

Speeches

• Alexander Italianer speech: “The role of competition policy in supporting the achievement of the Europe 2020 policy objectives”. To read the speech, click here.
• Joaquin Almunia speech: “Competition and Regulation: Micro-economic support for macro-economic recovery”. To read the speech, click here.
• Joaquin Almunia speech: “New Transatlantic Trends in Competition Policy”. To read the speech, click here.
• Joaquin Almunia speech: “State aid rules can help Europe exit crisis”. To read the speech, click here.
• Neelie Kroes speech: “Openness at the heart of the EU Digital Agenda”. To read the speech, click here.

UK Notifications and Publications

CAT

• The CAT has published four summaries of appeals against the Ofcom decision in its investigation into pay TV. The CAT has also published orders in the appeals abridging the time for requesting permission to intervene. To read the summary of appeal in respect of BT, click here. To read the Order, click here. To read the summary of appeal in respect of British Sky Broadcasting Limited, click here. To read the Order, click here. To read the summary of appeal in respect of Virgin Media, Inc., click here. To read the Order, click here. To read the summary of appeal in respect of The Football Association Premier League Limited, click here. To read the Order, click here.
• Marshall Food Group Limited and Others v (1) Evonik Degussa GmbH (2) Degussa Limited. The CAT has published an Order staying damages actions against Degussa. To read the Order, click here.
• T-Mobile (UK) Limited v Office of Communications. The CAT has published the Order permitting withdrawal of the appeal in relation to donor conveyance charges. To read the Order, click here.
• British Telecommunications Plc v Office of Communications (Partial Private Circuits). The CAT has published a judgment on preliminary issues arising in the appeal. To read the judgment, click here.

Mergers Invitation to Comment

• Zipcar/Streetcar Ltd – car sharing services. Interested parties should submit their comments by 25 June 2010. To read the notification, click here.
• General Healthcare/Covenant Healthcare – hospitals. Interested parties should submit their comments by 22 June 2010. To read the notification, click here.
• Carpetright / Allied Carpets – carpet retail. Interested parties should submit their comments by 25 June 2010. To read the notification, click here.

Mergers – Full Text Decisions

• IntercontinentalExchange Inc/Climate Exchange plc – emissions trading. To read the full text decision, click here
• Asda Stores Limited/Co-operative Group Limited (Kettering Store) – grocery retail. To read the full text decision, click here.

Miscellaneous

• The OFT has published its final report of the review of the high-cost credit sector. To read the press release, click here. To read the report, click here.
• The OFT seeks views for its plan to undertake a market study into equity underwriting and associated services. To read the press release, click here.
• Ofcom has published a draft determination to resolve a dispute between BT and Vodafone, T-Mobile, H3G, O2 and Orange about BT’s termination charges for 0845 and 0870 calls. Comments are invited by 24 June. To read the determination, click here.
• Ofcom has published its final determination to resolve a dispute between Stour Marine and O2 relating to termination rates for voice calls originating on O2′s network and terminating on Stour Marine’s network. To read the determination, click here.
• Ofgem has issued a consultation on the form of long term development statements for electricity distribution network operators. To read the letter initiating the consultation, click here.
• Ofgem has published a summary of discussions on the possible introduction of longer-term price controls. To read the summary, click here.
• The Department for Business, Innovation and Skills (BIS) has published a report on the impact of the provisions of the Enterprise Act 2002 covering market studies and market investigations. To read the report, click here.
• The Department for Business, Innovation and Skills (BIS) has published a “beginner’s guide”, to the EU state aid rules. To read the guide, click here.

European Commission initiates proceedings against J&T Finance Group, J&T Investment Advisors (both part of the “J&T Group”) and Energetický a průmyslový holding, active in the electricity and lignite sectors in the Czech Republic, regarding the possible obstruction of the Commission’s inspection at their premises on 24 to 26 November 2009. To read the press release, click here.

 European Notifications and Publications

Mergers Invitation to Comment

• COMP/M.5870: Foxconn/Sony LCD TV Manufacturing Company in Slovakia – electronic manufacturing, LCD televisions. Interested parties should submit their comments by 8 June 2010. To read the notification, click here.

Mergers Cleared

• COMP/M.5658: Unilever/Sara Lee Body Care – manufacturer of food, home care and personal care products, personal and laundry care. To read the press release, click here.
• COMP/M.5796: Eni/Mobil Oil Austria – exploration, production, storage of natural gas, marketing of refined petroleum products. To read the press release, click here.

State Aid

• The European Commission has approved the €10 million Dutch aid for the Nuon’s energy-saving CO2 capture project. To read the press release, click here.
• The European Commission has approved the restructuring of SNCB’s freight activities. To read the press release, click here.
• The European Commission has concluded that the Italian compensation for interruptibility services in the electricity sector in Sardinia and Sicily do not constitute state aid. To read the press release, click here.
• The European Commission’s latest Scoreboard shows that there is a reduced use of crisis support to banks. To read the press release, click here.

Speeches

• Joaquín Almunia speech: “New competition rules for the car sector”. To read the speech and related documentation, click here, here and here.
• Joaquín Almunia speech: “The role of public services in “Europe 2020”. To read the speech, click here.
• Neelie Kroes speech: “Bringing European values to the Internet of Things”. To read the speech, click here.
• Neelie Kroes speech: “The critical role of cities in making the Digital Agenda a reality”. To read the speech, click here.
• Neelie Kroes speech: “Why Europe needs the Digital Agenda”. To read the speech, click here.

Miscellaneous

• The European Commission has issued its report on national telecoms regulation which shows there is more competition but no Single Market. To read the press release, click here.

UK Notifications and Publications

Consultations

• Ofcom has opened a consultation into “Online Infringement of Copyright and the Digital Economy Act 2010 – Draft Initial Obligations Code”. Interested parties should submit their comments by 30 July 2010. To read the consultation, click here.

CAT

• Telefónica O2 UK Limited v Office of Communications (900 MHz Band). The CAT has published the Summary of Appeal and Order of the President. To read the documents, click here and here.

Competition Commission

• The Competition Commission and the OFT are to jointly consult on Good Practice In Merger Surveys. To read the press release, click here and here.
• The Competition Commission has published an occasional paper by Peter Davis and Adam Cooper “On the Use of Counterfactuals in Merger Inquiries”. To read the paper, click here.

Mergers Invitation to Comments

• Assa Abloy/Paddock – door locks. Interested parties should submit their comments by 14 June 2010. To read the notification, click here.

Mergers Full Text Decisions

• Arriva Northumbria Limited/certain assets and the local bus operations of Go North East Limited at Ashington, Northumberland – local bus services. To read the full text decision, click here.
• Servisair UK Limited/the Regional Ground Handling Business of Aviance UK Limited – other supporting Air Transport Services. To read the full text decision, click here.

Miscellaneous

• Ofcom has announced its decision to amend the Wireless Telegraphy (Automotive Short Range Radar) (Exemption) (No. 2) Regulations 2005. To read the statement, click here.
• Ofgem has published its “Procurement Policy”. To read the document, click here.

European Commission fines € 331 million for price cartel in the DRAM producers sector, reaching its first settlement in a cartel case. To read the press release, click here and here.

OFT decides that Project Canvas falls outside UK merger control jurisdiction. To read the press release, click here.

European Notifications and Publications

European Courts

• Joined Cases T-425/04, T-444/04, T-450/04 and T-456/04: France and Others v Commission. The ECJ has ruled that “the statements of the French authorities aimed at assuring France Télécom of their support at a time when the operator was experiencing a major crisis cannot be classified as State aid” and therefore annulled the Commission decision. To read the press release, click here.
• Joined Cases T-11/05, T-18/05, T-19/05, T-20/05, T-21/05 and T-25/05: Wieland-Werke AG and Others, IMI plc and Others, Boliden AB and Others, Outokumpu Oyj and Others, Chalkor AE, KME Germany AG and Others v Commission. The ECJ has reduced the fines imposed on IMI and Chalkor for the copper plumbing tube cartel to €38.556 million and €8.2467 million, respectively. To read the press release, click here.

Mergers Invitation to Comment

• COMP/M.5802: RWE Energy/Mitgas – electricity and natural gas. Interested parties should submit their comments by 29 May 2010. To read the notification, click here.
• COMP/M.5828: Procter & Gamble/Sara Lee Air Care – manufacture, development, distribution of household care products, air care products. Interested parties should submit their comments by 29 May 2010. To read the notification, click here.
• COMP/M.5841: Cathay Pacific Airways/Air China/ACC – airline and cargo services. Interested parties should submit their comments by 29 May 2010. To read the notification, click here.
• COMP/M.5844: JP Morgan/RBS Sempra – financial services. Interested parties should submit their comments by 1 June 2010. To read the notification, click here.

Mergers Cleared

• COMP/M.5724: Suez Environnement/Agbar – provision of water and wastewater services. To read the decision, click here.
• COMP/M.5781: Total Holdings Europe S.A.S./ERG SPA/JV – production of oil and natural gas, petroleum products. To read the press release, click here.

State Aid

• DG Comp has published a “Staff working paper on phasing out of bank guarantees”. To read the document, click here.

UK Notifications and Publications

Consultations

• Ofcom has opened a consultation into “Draft Determination to resolve a dispute between Stour Marine and O2 about termination rates” and published an update note. Interested parties should submit their comments by 3 June 2010. To read the consultation, click here and to read the update note, click here.

CAT

• Stagecoach Group Plc v Competition Commission. The CAT has published the Judgment (Non-confidential version). To read the Judgment, click here.

Competition Commission

• The Competition Commission has published a note on process in relation to the Heathrow consultation protocol in relation to BAA Airports. To read the document, click here.
• The Competition Commission has published Peter Freeman’s speech: “Too big to fail, but not too big to be unbundled?” Investigating the Banks – The importance of competition. To read the speech, click here.

Mergers Invitation to Comment

• Asda/Co-op store in Kettering – grocery retail. Interested parties should submit their comments by 4 June 2010. To read the notification, click here.
• IntercontinentalExchange/Climate Exchange – emissions trading. Interested parties should submit their comments by 7 June 2010. To read the notification, click here.

Mergers Full Text Decisions

• C&C Group/the business and associated trading assets of Constellation Europe (trading as Gaymers Cider Company) – cider. To read the full text decision, click here.
• GB Oils Limited/Brogan Holdings Limited – heating oils and transport fuels. To read the full text decision, click here.
• Smurfit Kappa Group plc/the UK Corrugated Packaging Operations of Mondi Group AG – corrugating packaging. To read the full text decision, click here.
• Trinity Mirror plc/the regional newspaper titles of Guardian Media Group plc – publishing of newspapers. To read the full text decision, click here.

Miscellaneous

• The OFT has published a report on “Drivers of Compliance and Non-compliance with Competition Law”. To read the note, click here.
• The OFT has published Phillip Collins’ speech: “Government – reflections in possible evolution of the UK’s competition and consumer regimes”. To read the speech, click here.