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The Competition Appeal Tribunal has published its ruling on the
action brought by 2 Travel Group plc to seek damages from Cardiff
Bus for losses suffered as a result of predatory conduct by Cardiff
Bus contrary to the prohibition on the abuse of dominance. The case
followed on from an OFT infringement decision against Cardiff Bus.
The CAT awarded damages to 2 Travel for loss of profits of
£34,000, plus exemplary damages of £60,000 on the basis
that Cardiff Bus's conduct had been "outrageous".
This is the first time that damages have been awarded by the CAT.
However, the amount of damages awarded is significantly less than
the £3 million that 2 Travel was claiming.
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OFT refers local bus merger in North Devon to the
Competition Commission
The OFT has referred Stagecoach's anticipated acquisition of
the North Devon business and assets of First Devon and Cornwall
Limited to the Competition Commission.
Stagecoach and First operate competing local bus services in
North Devon, including in and around the town of Barnstaple. The
OFT is concerned that the proposed merger would reduce competition
on a number of route sections where the parties currently compete
and create a monopoly for several journeys in the area around
Barnstaple.
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EU
Articles 101 and 102
The European Commission is inviting comments from interested
parties on commitments offered by the Czech electricity incumbent
CEZ to address concerns that it may have infringed Article 102 by
hindering the entry of competitors onto the Czech electricity
markets, in particular through excessive capacity reservations. CEZ
has offered to divest coal-fired generation capacity in the Czech
Republic.
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Mergers
The European Commission has cleared the proposed creation of a
joint-venture between the French and Swiss postal incumbents La
Poste and Swiss Post to carry out most of their current activities
in the area of international mail delivery services. The decision
is conditional upon the divestiture of the subsidiary of Swiss Post
in France.
Click here.
The European Commission has cleared the proposed acquisition of
Georgia- Pacific's European consumer products business by
Svenska Cellulosa Aktiebolaget SCA AB. Both parties produce toilet
paper and other tissue-based products. The clearance is conditional
upon the divestment of a number of business activities in the UK,
Ireland, Sweden and the Netherlands.
Click here.
UK
Competition Appeal Tribunal
The CAT has published a notice of a claim brought by 21
claimants seeking damages from certain parties to the European
Commission's decision on the copper plumbing tubes cartel.
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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