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21 March 2013

Focus Antitrust - Competition Weekly Email Alert - 13 March 2013

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The European Commission has fined Microsoft EUR561 million for failing to comply with a 2009 binding commitments decision.
United Kingdom Antitrust/Competition Law

In the News

European Commission fines Microsoft for failing to comply with binding commitments

The European Commission has fined Microsoft EUR561 million for failing to comply with a 2009 binding commitments decision. The commitments decision required Microsoft to offer users of Microsoft Windows operating systems a choice screen enabling them to choose an alternative web browser. The Commission has found that Microsoft failed to roll out the required browser choice screen with its Windows 7 Service Pack 1 from May 2011 to July 2012. This is the first time that the Commission has fined a party for failing to comply with a commitments decision. Click here.

Commission opens Article 102 proceedings against Lithuanian railway incumbent

The European Commission has opened formal proceedings to investigate a suspected abuse of dominance by the Lithuanian railway incumbent. The Commission is investigating whether the company limited competition on the rail markets in Lithuania and Latvia by removing a railway track. Click here.

Court of Appeal dismisses appeal by EE against wholesale mobile voice call termination price control

The Court of Appeal has dismissed an appeal by Everything Everywhere Limited (EE) against the CAT judgment, and the CC's determination, on the appeals against Ofcom's 2011 decision on the wholesale mobile voice call termination price control. Click here.

Competition Commission issues statement in Ryanair/Aer Lingus merger

As part of its investigation into the completed acquisition by Ryanair Holdings plc of a minority interest in Aer Lingus Group plc, the Competition Commission has published an issues statement, setting out the issues that it is minded to consider in reaching its decision. In particular, it will assess whether, as a result of the acquisition, actual or potential rivalry between Ryanair and Aer Lingus has been or will be diminished. Click here.

EU

Articles 101 and 102

  • The European Commission has reduced the fines imposed on Saint-Gobain and Pilkington for their participation in the car glass cartel. The reductions correct certain errors in computing the fines. Click here

UK

Competition Commission

  • The CC has invited comments on its intention to accept final undertakings in relation to the proposed acquisition by The Rank Group Plc of Gala Casinos Limited. The undertakings prohibit Rank from acquiring four Gala casinos for a period of four years. Click here.
  • The CC has published a notice of its intention to release Heathrow Airport Holdings Limited (formerly BAA) from the final undertakings requiring it to divest Edinburgh Airport and Stansted Airport. Click here.
  • The CC has accepted interim undertakings from Poole Hospital NHS Foundation Trust and The Royal Bournemouth and Christchurch Hospitals NHS Foundation Trust, which are aimed at preventing the parties from taking any pre-emptive action that might prejudice the reference, pending the CC's determination of the proposed merger. Click here.

Office of Fair Trading

  • The OFT has published its decision that the anticipated acquisition by Expedia Inc of a majority share in Trivago GmbH does not give rise to a relevant merger situation that qualifies for investigation under the Enterprise Act 2002. Click here.

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