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OFT refers Ryanair's minority stake in Aer Lingus to
Competition Commission
The OFT commenced an investigation into Ryanair's stake of
29.8 per cent in Aer Lingus in October 2010. The OFT was unable to
act prior to this date because Ryanair's bid for outright
control of Aer Lingus was under review by the European Commission
and European Courts. The OFT's investigation was also suspended
on two occasions, once by the OFT because it had insufficient
information with which to proceed, and once due to a legal
challenge by Ryanair, which was dismissed by the Court of Appeal on
22 May 2012. The OFT has now concluded that Ryanair's stake may
give it the ability to exercise material influence over the
commercial policy of Aer Lingus and that there is a realistic
prospect that its stake has resulted or will result in a
substantial lessening of competition on a number of Ryanair and/or
Aer Lingus routes between the UK and Ireland. The OFT therefore
considers it appropriate for the Competition Commission to
undertake a more detailed investigation into this matter. Click here.
OFT passes truck cartel case to the European Commission
The OFT has decided to close its civil investigation into
suspected cartel behaviour amongst commercial vehicle
manufacturers. Following a detailed review of the available
evidence and discussions with the European Commission, the OFT has
concluded that the European Commission is particularly well placed
to take the investigation forward as part of its wider
investigation into the European truck industry. Click here.
Clive Maxwell appointed new OFT Chief Executive
Business Secretary Vince Cable has announced the appointment of
Clive Maxwell as Chief Executive of the OFT. Mr Maxwell is
currently an Executive Director and Board member of the OFT and
will succeed the outgoing CEO, John Fingleton, who announced in
February that he was stepping down after seven years in the role.
Click here.
OFT refers PVC roofline products merger to Competition
Commission
The OFT has referred the completed acquisition by Epwin Holdings
Limited of Latium Building Products Holdings Limited to the
Competition Commission for further investigation. The companies
supply replacement windows, rainwater collection products, and PVC
roofline products such as soffit boards, fascia and cladding. The
OFT considers that the two companies were close competitors before
the merger and that, post-merger, the parties will be the leading
suppliers in PVC roofline products. Click here.
EU
Articles 101 and 102
The European Commission has opened formal proceedings to
investigate whether the German railway incumbent Deutsche Bahn AG
and several of its subsidiaries operate an anticompetitive pricing
system for traction current in Germany, in breach of Article 102.
Traction current is a type of electricity used by trains on the
railway network. The Commission is investigating whether discounts
applied by Deutsche Bahn lead to higher prices for its competitors.
Click here.
The European Commission has made legally binding commitments
offered by Siemens AG and Areva SA to reduce the product scope and
duration of a non-compete obligation in the market for nuclear
technologies. The Commission had concerns that the non-compete
obligation might breach Article 101. After market testing the
commitments offered by Siemens and Areva, the Commission is
satisfied that they address its concerns and has closed its
investigation. Click here.
Mergers
Deutsche Borse has appealed against the European Commission
decision to block its merger with NYSE Euronext. Click here.
UK
Competition Commission
The Competition Commission has published for consultation its
draft revised guidelines on market investigation references. Click here.
The Competition Commission has published for consultation a
draft of the undertakings that it proposes to accept from Anglo
American and Lafarge to address the adverse effects of their
proposed construction materials joint venture. Click here.
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On 20 December 2012, the UK Competition Appeal Tribunal handed down its judgment on Tesco’s appeal against an earlier Office of Fair Trading decision concerning dairy products retail pricing in the UK.
Yesterday, the European Court of Justice (ECJ) handed down its judgment on a preliminary reference from the Danish Supreme Court regarding the rules on selective discounts and below-cost selling under the competition law prohibition of the abuse of a dominant market position.
The General Court of the European Union handed down judgment upholding the decision by the European Commission in 2007 that the member bank delegates of MasterCard had collectively set cross border fall back multilateral interchange fees.
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