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Volume 2, issue 21 |
Wednesday 30 July 2014
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| Summary of Commission decision on automotive bearings cartel published. On 23 July 2014, the Commission published in the Official Journal a summary of its March 2014 decision on the automotive bearings cartel (Case AT.39922). The Opinion of the Advisory Committee and the Final Report of the Hearing Officer have also been published (OJ 2014 C-238/8-10). The Commission found that two European and four Japanese companies committed a single and continuous infringement of Article 101 TFEU (from April 2004 until July 2011) in the sector of bearings for automotive applications. The overall aim of the cartel was to coordinate the pricing strategy for automotive customers. |
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| Commission fines Marine Harvest for acquiring control of Morpol prior to clearance. On 23 July 2014, the European Commission announced that it has decided to fine Marine Harvest ASA EUR 20 million for acquiring de facto control of Marine Harvest prior to the Commission’s approval of the acquisition (IP/14/862). The Commission was notified of the transaction in August 2013 and the Commission conditionally approved the acquisition in September 2013 (Case M.6850). However, the Commission considered that Marine Harvest acquired control of Morpol in December 2012, when it acquired a 48.5% stake in the company. This constituted a breach of both Article 4(1) and Article 7(1) of the EU Merger Regulation. |
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Phase I Clearance |
- M.7152 – MZLZ Retail / Aéroports de Paris / Aelia (24.07.2014)
- M.7293 – Allergopharma / Stallergenes / Laboratorios Leti (23.07.2014)
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| Commission approves German renewable energy law. On 23 July 2014, the Commission announced that it has decided, under the state aid rules, to approve the new German Renewable Energy Act (EEG 2014). The Commission has concluded that the EEG 2014, which will enter into force on 1 August 2014, satisfies the conditions set out in the new Commission Guidelines on state aid for environmental protection and energy. The Commission was satisfied that the measures included in the EEG 2014 will further EU environmental and energy objectives without unduly distorting competition in the single market. |
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| Commission approves UK Electricity Market Reform measures and support for five offshore wind farm projects. On 23 July 2014, the Commission announced that it has decided that the UK Electricity Capacity Market (IP/14/866) and Contracts for Difference (CFD) schemes (part of the broader Electricity Market Reform package) (IP/14/865) are compatible with the state aid rules. It has also approved support for five offshore wind farms, using CFDs. The Commission has concluded that the UK schemes are in line with the conditions set out in the new Commission Guidelines on State aid for environmental protection and energy. The Commission was satisfied that the support measures will further EU environmental and energy objectives without unduly distorting competition in the single market. |
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| Commission approves restructuring aid for National Bank of Greece and Piraeus Bank. On 23 July 2014, the European Commission announced that, following an in-depth state aid investigation, it has approved state aid granted in the context of the restructuring of the National Bank of Greece (IP/14/869) and Piraeus Bank (IP/14/870). The Commission has concluded that, in each case, the restructuring measures will enable the banks to restore their long-term viability while limiting distortions of competition resulting from the state aid. It has approved the restructuring aid in accordance with the guidelines on the grant of state aid for the restructuring of banks during the economic crisis. |
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| CMA update on criminal cartel investigation into the supply of galvanised steel tanks for water storage. On 23 July 2014, the Competition and Markets Authority (CMA) provided an update on its website, following its announcement earlier this month that two individuals had been charged with breach of the criminal cartel offence as part of the CMA’s ongoing investigation into cartel activity in relation to the supply of galvanised steel tanks for water storage. |
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| CMA decision on acquisition by WGSN of Stylesight. On 18 July 2014, the CMA published its decision on the completed acquisition by WGSN Inc. of Stylesight Inc. The parties overlap in the provision of online subscription trend forecasting services to the fashion sector and design-led industries. The CMA found that the parties were each other’s closest competitors and received complaints from customers and competitors that the merger would remove a significant competitor and may lead to price rises. Overall, the CMA considered that a realistic prospect of a substantial lessening of competition arises as a result of the merger. However, it believes that the market concerned is not of sufficient importance to justify the making of a reference and it, therefore, decided to exercise its discretion in favour of applying the de minimis exception. |
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| CMA consults on draft order to implement Eurotunnel / SeaFrance merger remedies. On 23 July 2014, the Competition and Markets Authority (CMA) published for consultation a draft final order to implement the remedies to address the substantial lessening of competition arising from the completed acquisition by Groupe Eurotunnel S.A. (GET) of certain assets of former SeaFrance S.A. The draft order prohibits GET from operating ferry services at the port of Dover for two years with any vessel and with two of the acquired vessels for 10 years. However, it gives GET a six month period to divest those two vehicles (with a 10-year ban on re-acquisition), and also provides for interim measures and compliance and reporting obligations. Comments on the draft order are invited by 22 August 2014. |
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| Commission report on state of EU telecommunications markets, 22 July 2014. Report. |
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| CMA publication of market studies on personal current accounts and SME banking, 18 July 2014. Market studies.
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| BIS report on review of balance of competences in competition and consumer policy, 22 July 2014. Report.
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| CMA publication of an issues statement on its investigation into the GB energy market, 24 July 2014. Issues statement. |
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