Antitrust, Competition & EU Law: Competition & EC Law Update - May 2010

by Reed Smith

In This Issue:



• OFT withdraws criminal proceedings against current and former BA executives

• OFT decides that Project Canvas falls outside UK merger control jurisdiction

• OFT publishes decision that Coca-Cola increased shareholding in Fresh Trading does not give rise to relevant merger situation

• OFT and Competition Commission consultation on good practice in consumer surveys in merger inquiries

• OFT invitation to comment on possible water merger

• OFT publishes decision clearing acquisition of Titan by JC Decaux

• OFT announces stock-take of infrastructure ownership and control

• OFT launches market study into outdoor advertising

• OFT publishes views on online targeted advertising

• OFT market study on advertising of prices

• OFT launches review of barriers to entry, expansion and exit in retail banking

• Speech by Philip Collins on UK competition and consumer regimes

Competition Commission

• CC publishes final decision on ITV’s CRR Undertakings

• Competition Commission publishes final decision in Ticketmaster/Live Nation merger

• CC publishes paper on the use of counterfactuals in merger inquiries

• CC publishes note on Heathrow consultation protocol

• Speech by Peter Freeman, Chairman of CC, on investigation of the banks

Competition Appeal Tribunal

• CAT judgment in Stagecoach appeal

Court of Appeal

• Court of Appeal ruling on requirement of dishonesty in criminal cartel offence


• Government decides to repeal Land Agreements Exclusion Order

• Coalition and implications for competition law

• Ofcom extends deadline for responses to consultation on Airtime

Sales Rules

• Ofgem announces new policy on network mergers



• Commission fines DRAM producers €331 million for price cartel – first settlement in a cartel case

• Commission confirms dawn raids in the sector of stretch film for agricultural use

• Commission opens proceedings against Czech J&T Group for obstruction during inspection

• Commission consults on commitments offered by Visa Europe

• Commission accepts binding commitments from E.ON to open up German gas market to competitors

• Commission publishes summary of decision to accept commitments from EDF in relation to long-term contracts

State Aid

• General Court ruling in appeal against France Telecom aid decision

• Commission requests France to comply with Court judgment on recovery of incompatible tax exemptions for takeover of ailing companies

• Commission publishes latest overview of national state aid measures adopted in response to the economic crisis

• Commission publishes working document on phasing out bank guarantees Mergers

• Commission approves acquisition of animal health assets of Pfizer by Eli Lilly

• OECD publishes paper on the tests for the assessment of mergers Public procurement

• ECJ ruling on right to bring actions against public procurement procedures


• Commission consultation on draft revised Research and Development block exemption, Specialisation block exemption and Horizontal Co operation Agreements Guidelines

• New guidelines on vertical restraints published in Official Journal

• Commission adopts new motor vehicle block exemption regulation and accompanying guidelines

•Speech by Commissioner Almunia on the challenges for EU competition policy

• Speech by Alexander Italianer on current priorities for competition policy

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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