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Spotlight - Competition Regulation & Networks

27 Apr 12

Weekly Alert - 27 April 2012


Mergers – In Depth Investigations  
COMP/M.6314: Telefónica UK/Vodafone UK/Everything Everywhere/JV Press Release
Mergers Cleared – Subject to Conditions  
COMP/M.6459: Sony/Mubadala/EMI Press Release
COMP/M.6266: J&J/Synthes Press Release
Mergers – Appeals  
Case T-79/12: Cisco and Messagenet v Commission Notice
Competition – General  
Case C-549/10 P: Tomra v Commission Judgment
Case C-138/11: Compass-Datenbank v Austria AG’s Opinion
Case T-49/12: Lafarge v Commission Notice
EC issues statement regarding commitments offered by Apple and four publishers in the e-book investigation Statement
OECD cross-border merger control paper published OECD Paper
Viviane Reding speech: “The binding EU Charter of Fundamental Rights: Key trends two years later” Speech
Connie Hedegaard statement: “First annual report on the EU ETS to focus on timing of auctions” Statement
Joaquin Almunia speech: “International cooperation to fight protectionism” Speech
Public Procurement  
EC announces intention to move to full e-procurement for all public purchases by 2016

Press Release


EC grants Article 30 exemption from the Utilities Directive for production and wholesale of electricity from conventional sources in Germany Exemption
EC request UK implement EU rules in the area of defence procurement in Gibraltar Press Release
State Aid  
EC adopts de minimis Regulation for services of general economic interest Press Release
EC opens in depth investigation into Spanish compensation aid for digital terrestrial broadcasters to free digital dividend Press Release
EC opens in depth investigation into potential state aid at Nîmes airport, France Press Release
EC opens in depth investigation into preferential electricity tariffs granted by Romanian hydroelectricity generator Hidroelectrica Press Release
Electronic Communications  
EC expresses concerns over the Estonian Competition Authority’s proposal to impose some of the highest mobile termination rates in the EU Press Release
EC opens in depth investigation into French regulator’s decision to set higher mobile termination rates for new entrants (Free Mobile, Lycamobile and Oméa Telécom) Press Release
BEREC – Phase II Opinion published regarding Dutch regulator’s proposed determination that KPN does not have SMP in Unbundled Access to Corporate Fibre-Optic Network Opinion
BEREC Phase II Opinion published regarding Latvian regulator’s proposed decision not to impose access obligations on mobile operators Opinion
BEREC: “Input and Opinion on Universal Service” published Opinion
Case C-125/09: Commission v Cyprus Judgment
EC opens in depth investigation into proposals by Polish regulator to limit access to fibre networks Press Release
EC issues reasoned opinion to Greece regarding the Government’s retention of a “golden share” in the telecoms company, OTE, which is partly owned by Deutsche Telekom Press Release
“Smart Cities and Communities Stakeholder Platform” launched Website
ACER: “REMIT Registration Format” Consultation
ACER: “draft framework guidelines on electricity balancing” Consultation
CEER: “Fifth Benchmarking Report” published Report
EC sends reasoned opinions to 5 member states for failing to implement the energy third package Press Release


ESW GasVertrieb GmbH/Energie Südwest AG – cleared (German only) Press Release
Case report: Lifting of fines against Etex Holding and discontinuing of proceedings against an individual (German only) Press Release
Case summary: Clearance of acquisition of C.W. Busse Holding by Aschendorff Medien Press Release
FCO publishes the full text of the merger clearance re the founding of Rhein Cargo GmbH & Co. KG (a JV in the inland port sector), (German only) Press Release

United Kingdom

Mergers Full Text Decisions  
Linergy Limited/Ulster Farm By-Products Limited Full Text
The Digital Property Group/Zoopla Full Text
Mergers Acceptance of Undertakings  
Global Infrastructure Partners/Edinburgh airport Press Release
Jewson/Build Center Press Release
Carlyle and Palamon/Integrated Dental Holdings and Associated Dental Practices Press Release
Mergers Referred  
McGill’s/Arriva Scotland West

CC Press Release

OFT Press Release

Mergers Cleared  
South Staffordshire Water/Cambridge Water Press Release
Competition Commission  
FirstGroup plc/ScotRail franchise – variation of terms Notice
2012/13 Business Plan published Press Release
Statutory Audit services investigation law and regulation working paper published Paper
Competition General  
OFT fines BA £58.5 million for fuel surcharge cartel Press Release
Ofcom: “Proposed changes to Royal Mail’s Costing Manual” Consultation
Ofcom consents to BBC and ITV airing Euro 2012 Coverage Press Release
OFT decides not to carry out market study into road fuels in the UK Press Release
BIS: “Private actions in competition law” Consultation
Public Procurement  
Easycoach Ltd v Department for Regional Development Judgment
Cabinet Office: policy notice opposing EC’s proposal to close EU procurement market to third countries that do not have reciprocal arrangements Notice
Ofgem: “Modifications to Statements of the Basis for Transmission Owner Charges 2012/13” Consultation
Ofgem: “Notice of proposed modification to National Grid Gas’s (NGG’s) gas transporter licence - revenue drivers for South East exit capacity” Consultation
Ofgem: update on RIIO-T1: Implementing competition in onshore electricity transmission published Update
Ofgem: fifth version of the Low Carbon Networks (LCN) Fund Governance Document published Consultation


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