Preface/Foreword

Part I

EC Competition Developments

CHAPTER 1 Horizontal Agreements/Restraints

§1.01 ECJ Judgments
§1.02 Commission Decisions
[1] Case COMP/D1/37.860 Morgan Stanley v. Visa International and
Visa Europe
[2] Case COMP/D1/38.606 Groupement des Cartes Bancaires
[3] Case COMP/34.579 "MasterCard's Multilateral Interchange Fees"
[4] Case COMP/38.628 "Synthetic Rubber"
[5] Case COMP/C-2/38.698 CISAC

§1.03 Commission Notices

CHAPTER 2 Vertical Agreements/Restraints

CHAPTER 3 Abuse of Market Power

§3.01 ECJ Judgments
[1] Case C-49/07 Motosykletistiki Omospondia Ellados NPID
("MOTOE") v. Elliniko Dimosio (Greek State)
[2] Joined Cases C-468/06 to C-478/06 Sot. Lélos Kai Sia EE and
Others v. GlaxoSmithKline AEVE
[3] Case C-52/07 Kanal 5 Ltd, TV 4 AB v. Föreningen Svenska
Tonsättares Internationella Musikbyrå (STIM)

§3.02 ECJ Advocate General Opinions
[1] Case C-113/07 SELEX Sistemi Integrati v. Commission
[2] Case C-202/07 P France Telecom SA v. Commission

§3.03 CFI Judgments
§3.04 Commission Decisions
[1] Case COMP/E-1/38.113 Prokent/Tomra
[2] E.ON

CHAPTER 4 Mergers and Acquisitions

§4.01 ECJ Judgments
§4.02 CFI Judgments
§4.03 Commission Decisions
§4.04 Second-Phase Decisions With Undertakings
§4.05 Second-Phase Decisions Without Undertakings
[1] Case COMP/M.3333 Sony/BMG
[2] Case COMP/M.4662 Syniverse/BSG
[3] Case COMP/M.4747 IBM/Telelogic
[4] Case COMP/M.4731 Google/Doubleclick
[5] Case COMP/M.4956 STX/Aker Yards
[6] Case COMP/M.4854 TomTom/TeleAtlas
[7] Case COMP/M.4942 Nokia/Navteq

§4.06 First-Phase Decisions with Undertakings
[1] Case COMP/M.4746 Deutsche Bahn/English Welsh & Scottish Railway Holdings (EWS)
[2] Case COMP/M.5121 News Corp/Premiere

§4.07 First-Phase Decisions without Undertakings
[1] Case COMP/M.4987 IBM/Cognos
[2] Case COMP/M.5008 Vivendi/Activision
[3] Case COMP/M.5188 Mars/Wrigley
[4] Case COMP/M.5238 INEOS/BASF ASSETS
[5] Case COMP/M.5155 Mondi/Loparex Assets
[6] Case Comp/M.5272 Sony/Sony BMG
[7] Case Comp/M.5148 Deutsche Telekom/OTE

§4.08 Commission notices
[1] Guidelines on Non-Horizontal Mergers
[2] Notice on Remedies

CHAPTER 5 State Aid

§5.01 ECJ Judgments
[1] Case C-199/06 Centre d'Exportation du livre français (CELF),
Ministre de la Culture et de la Communication v. Société
internationale de diffusion et d'édition (SIDE)
[2] Case C-521/06 Athinaiki Techniki v. Commission
[3] Joined Cases C-428/06 to C-434/06 Unión Generalde Trabajadores
de la Rioja
[4] Case C-334/07 P Commission v. Freistaat Sachsen
[5] Case C-384/07 Wienstrom v. Bundesminister für Wirtschaft und
Arbeit
§5.02 CFI Judgments
[1] Case T-289/03 British United Provident Association Ltd (BUPA),
BUPA Insurance Ltd, BUPA Ireland Ltd v. Commission
[2] Case T-442/03 SIC Sociedade Independente de Comunicaçao v.
Commission
[3] Case T-266/02 Deutsche Post v. Commission
[4] Joined Cases T-309/04, T-317/04, T-329/04, and T-336/04
TV2/Danmark A/S v. Commission
[5] Case T-196/04 Ryanair v. Commission

§5.03 Commission notices
[1] Commission Guidelines in the State Aid Sector
[2] New State Aid Block Exemption Regulation

CHAPTER 6 Policy and Procedure

§6.01 ECJ Advocate General Opinions
§6.02 CFI Judgments
[1] Case T-276/04 Compagnie Maritime Belge v. Commission
[2] Case T-99/04 AC-Treuhand v. Commission
[3] Case T-53/03 BPB v. Commission
[4] Case T-68/04 SGL Carbon v. Commission, Case T-69/04 Schunk And
Schunk Kohlenstoff-Technik v. Commission, And Case T-73-04 Le
Carbone-Lorraine v. Commission
[5] Case T-85/86 General Química, SA And Others v. Commission

§6.03 Commission decisions
[1] E.ON Fined ?38 Million For Breach Of a Commission Seal
[2] Microsoft Fined ?899 Million for Non-Compliance

§6.04 commission notices
[1] White Paper on Damages Actions For Breach Of The EC Antitrust
Rules
[2] Commission's Legislative Package Introducing A Settlement Procedure
For Cartels
[3] Commission's Guidelines on the Application of Article 81 EC to
Maritime Transport Services

Part II

National Competition Developments

CHAPTER 7 Austria

§7.01 Horizontal Agreements/Restraints
[1] Federal Competition Authority investigates fuel price developments
[2] Fines imposed on driving schools in Innsbruck
[3] Record Fines On Elevator And Escalator Cartel Members Confirmed
By Supreme Court

§7.02 Abuse of Dominant Position

CHAPTER 8 Belgium

§8.01 Horizontal Agreements/Restraints
[1] Competition Council Imposes Price Fixing Fine On Flemish Bakers'
Association
[2] Preliminary Reference To The European Court Of Justice In The
"Flemish Bakers' Association" Case
[3] Belgian Competition Council Imposes Fines On Chemical Cartel
[4] Belgian Competition Council Further Clarifies Under What
Circumstances Professional Associations May Recommend Prices To
Their Members
[5] Competition Council Fines The Federation Of Professional Driving
Schools Of Belgium
[6] Association of Interior Designers Found to have Committed Price-
Fixing Infringement

§8.02 Abuse of Dominant Position
[1] The Auditorate Concludes The Absence Of Predatory Pricing Or
Excessive Pricing By Electrabel In The Gas And Electricity Sector
[2] Brussels Court of Appeals Annuls Interim Order Imposed On Portima
For Failure To Provide Competitors With Interoperability Information

§8.03 Mergers and Acquisitions
[1] Supreme Court Clarifies Right Of Access To File In Merger Cases
[2] Court of Appeals Recognizes Letter As Council Decision In Wallonian
Cable Merger
[3] Court of Appeals Requires Competition Council To Re-examine
Kinepolis Merger Restrictions
[4] Belgian Competition Council Clears Wallonian Cable Network
Transaction
[5] Competition Council Partially Maintains 1997 Merger Conditions
Imposed On Kinepolis
[6] Competition Council Approves Kinepolis' Acquisition Of A 50% Share
In Imagimons
[7] Competition Council Approves Acquisition Of Betv By Tecteo With
Conditions
[8] Competition Council Conditionally Clears The Acquisition Of Scarlet
By Belgacom

CHAPTER 9 Denmark

§9.01 Horizontal Agreements/Restraints
[1] Danish Financial Institutions Found To Be Engaging In Unlawful
Concerted Behavior
[2] Local Banks Accept DKK 4 Million Fine In Bank Cartel
[3] The Danish Freight Transport Association Dansk Transport Og
Logistik Exchanges Illegal Information With Its Members

§9.02 Vertical Agreements/Restraints
[1] Yacht Manufacturers/Distributors Accept Fine For Anticompetitive
Vertical Pricing Agreements
[2] Matas To Remove Its Prohibition Of internet Sales By Its Dealers
[3] CEO Accepts The Largest Fine For Imposing Fixed Resale Prices On
Wholesale Distributor

§9.03 Abuse of Dominant Position
[1] Schneider Electrics A/S Found To Have Abused Dominant Position On
Market For Electric Installations
[2] Elsam's Excessive Electricity Wholesale Prices Found To Be An
Abuse Of Dominant Position
§9.04 Mergers & Acquisitions
[1] Sydbank A/S Acquires Bankrupt BankTrelleborg A/S
[2] FDB's Reacquisition Of Coop Danmark A/S Cleared Without
Conditions
[3] Saint-Gobain Distribution Nordic AB Acquires DLH Træ & Byg A/S [4] Danish Competition Council Issues First Prohibition Decision
[5] Reorganization of Broadcast Service Danmark A/S cleared subject to
conditions
[6] Danmarks Nationalbank and Det Private Beredskab acquire Roskilde
Bank
[7] Ditas-merger no longer subject to conditions
[8] Nordea Bank Denmark's Acquisition Of 9 Of Roskilde Bank's
Branches Is Cleared

1. §9.05 Policy and Procedure

[1] Supreme Court Judgment Denies Telia Telecom A/S Damages Claim
[2] Danish Competition Authority Publishes Danish Competition Report
2008
[3] Guidelines To The Competition Act
[4] Guidelines On The Application Of Competition Law To The
Construction Sector's Purchasing And Procurement Strategies
[5] Rejection Of Viasat's Appeal In The "Package-Case"
[6] New Report Recommends Reformation of Danish Merger Control

§9.06 Sectorial Investigations

CHAPTER 10 Finland

§10.01 Horizontal Agreements/Restraints
§10.02 Abuse of Dominant Position
[1] FCA Proposes Fines On Three Telecom Companies
[2] Lännen Puhelin Spared Fine for Dominant Position in Domestic
internet Market

§10.03 Mergers and Acquisitions

CHAPTER 11 France

§11.01 Horizontal Agreements/Restraints
[1] Paris Court of Appeals Overturns Competition Council Bid Rigging
Decision
[2] DGCCRF Issues Guidance To Encourage Civil Actions For Damages
Brought By Local Elected Representatives And Public Buyers
[3] Four Oil Companies Fined For Anticompetitive Practices During
Tender Offer By Air France
[4] Competition Council Imposes Record Fine on Steel Manufacturer
Cartel

§11.02 Vertical Agreements/Restraints
§11.03 Abuse of Dominant Position
[1] Competition Council Accepts NMPP's Commitments To Provide
Competitor Direct Access To Its Presse 2000 Software
[2] Paris Court of Appeals Partially Annuls Competition Council
Decision Condemning GlaxoSmithKline For Predatory Pricing

§11.04 Mergers and Acquisitions
[1] SNCF Fined For Failure To Notify Concentration
[2] SFR/Neuf Cegetel Pay-TV Transaction Cleared Subject to Extensive
Behavioral Commitments
[3] Fines Imposed Following Failure to Implement Commitments

§11.05 Policy and Procedure
[1] European Court Of Human Rights Condemns France For Breach Of
Article 6 Of Convention For The Protection Of Human Rights
[2] Merger Between The DGCCRF And The Competition Council To
Form A Single Competition Authority
[3] Competition Council Issues A Procedural Notice Detailing
Commitment Procedures
[4] French Supreme Commercial Court Confirms That Evidence Obtained
By Unfair Means Is Contrary To The European Convention For The
Protection Of Human Rights

CHAPTER 12 Germany

§12.01 Horizontal Agreements/Restraints
[1] FCO Fines Pharmaceuticals Manufacturers And Pharmacists'
Association
[2] FCO Fines Three Décor Paper Manufacturers ?62 Million
[3] FCO Fines Four Branded Cleaning Product Manufacturers ?37
Million
[4] FCO Prohibits Müller From Acquiring Three Cheese Dairies
[5] FCO Fines Manufacturers Of Luxury Cosmetics For Information
Exchange
[6] Düsseldorf Court of Appeals Finds That Insurers' Pool Is Exempted
From Cartel Restrictions Under European Law
[7] FCO Criticizes Association Of Dairy Farmers For Calling A Milk
Strike
[8] Majority of price abuse proceedings against gas suppliers draw to a
close

§12.02 Vertical Agreements/Restraints
§12.03 Mergers and Acquisitions
[1] Federal Court of Justice Declares Merger Control Rules Applicable To
The Hospital Sector And Prohibits Rhön-Klinikum's Acquisition Of A Bavarian District Hospital
[2] Düsseldorf Court of Appeals Declines To Issue Interim Order To
Allow Lottery Merger
[3] FCO Prohibits Transaction Between Major Copper Manufacturers
[4] FCO Clears Kabel Deutschland's Acquisition Of Seven Orion Cable
Subsidiaries
[5] Düsseldorf Court of Appeals Upholds Cargotec Corp./CVS Ferrari
Group Decision
[6] Düsseldorf Court of Appeals Finds That Public Hospital Transaction In
Mecklenburg-Western Pomerania Does Not Meet Notification
Thresholds
[7] FCO Clears EDEKA/Tengelmann Joint Venture Subject To
Comprehensive Commitments
[8] German Supreme Court Confirms Prohibition Of The E.ON/Eschwege
Merger
[9] FCO Imposes Fine On Mars For Violation Of Standstill Obligation

§12.04 Policy and Procedure
[1] FCO Establishes New Decisional Division (B 10) Responsible For
Abuse of dominant position Reviews In The Energy Sector And
Initiates Proceedings Against Gas Suppliers
[2] FCO Conducts Fuels Sector Inquiry
[3] FCO Raises Objections To German Football League's Scheme For
Future Central Marketing of TV Broadcasting
[4] Improvement Of Circumstances For Competition In Recycling Sector
[5] Consultation On Buyer Power In Competition Law

CHAPTER 13 Greece

§13.01 Horizontal Agreements/Restraints
§13.02 Vertical Agreements/Restraints
[1] HCC Condemns Price Fixing Agreements Between Milk Companies
And Supermarkets
[2] HCC Condemns Vertical Restraints By Dominant Geniki
Trofimon/Vivartia In Frozen Vegetable Industry

§13.03 Mergers and Acquistions
[1] HCC Fines Lafarge Beton For Failing To Submit Merger Notification
Filing
[2] HCC Approves By Reference To New Media Law The Acquisition By
Forthnet Of Pay-TV Provider Netmed, and Intervision

CHAPTER 14 Ireland

§14.01 Horizontal Agreements/Restraints
§14.02 Vertical Agreements/Restraints
[1] ASI Sugar Commences Damages Claim Against Greencore Group
[2] City Bin Company Complains To ICA Regarding Four Dublin Local
Councils

§14.03 Mergers and Acquisitions
[1] European Commission Refers Heineken's Proposed Acquisition Of
Scottish & Newcastle's Irish Business
[2] Irish Competition Authority to Merge With National Consumer
Agency
[3] Amendments to the Competition Act 2002: Mergers of Credit Institutions
[4] Competition Authority approves Heineken NV's acquisition of Beamish
& Crawford Plc.
[5] Advisory Group On Media Mergers Calls For Amendments To
Competition Act

§14.04 Policy and Procedure
[1] ICA Outlines Proposals For Reform
[2] ICA Publishes Study On Grocery Sector
[3] ICA And Communications Regulator Announce Cooperation
Agreement
[4] ICA Renews Petroleum Product "Solus Agreement" Block Exemption

CHAPTER 15 Italy

§15.01 Horizontal Agreements/Restraints
[1] Council Of State Upholds Jet Fuel Cartel Decision
[2] Council Of State Overrules 2006 Industrial Gas Cartel Decision
[3] Unione Panificatori di Roma Fined For Price Fixing
[4] Competition Authority's Concrete Cartel Decision Partially Annulled
[5] Authority Recalculates Fines in Disinfectant Products Case Following
Successful Appeal

§15.02 Abuse of Dominant Position
§15.03 Mergers and Acquistions
§15.04 Policy and Procedure

CHAPTER 16 The Netherlands

§16.01 Horizontal Agreements/Restraints
§16.02 Abuse of Dominant Position
§16.03 Mergers and Acquisitions
[1] NMa Sends European Directories' Acquisition of Truvo Nederland
To Phase II
[2] Mergers In The Health Care Sector
[3] The Dutch National Competition Authority Reacts Proactively To
The Continuing Migration Of Offline Advertising To Online
Space Providers
[4] The Dutch National Competition Authority Seeks To Broaden The
Industrial Water Market
[5] NMa Conditionally Approves KPN/Reggefiber JV

§16.04 Policy and Procedure
[1] Reorganization Of The NMa
[2] Dutch Competition Authority Amends The Domestic Regulations
Providing For When A Concentration May Be Cleared Without A
Motivated Decision

CHAPTER 17 Spain

§17.01 Horizontal Agreements/Restraints
§17.02 Vertical Agreements/Restraints
[1] Expte. 634/07, MDC Ingeniería/ Productos Haller
[2] The applicability of Commission Regulation (EC) No 240/96 and/or
Commission Regulation (EC) No 772/2004
[3] Mediaproducción Appeal Dismissed

§17.03 Abuse of Dominant Position
[1] Iberdrola Fined For Abuse Of Dominant Position
[2] Madrid's Estación Sur De Autobuses Fined For Abuse Of Dominant
Position

§17.04 Mergers and Acquisitions
[1] REPSOL/BP Joint Venture Cleared In Phase II
[2] Supermercados Sabeco/Galerías Primero

§17.05 Policy and Procedure
[1] New Competition Act Implementing Regulation
[2] Appeals proceedings against Directorate of Investigation decisions ?
Powers of Inspection

CHAPTER 18 Sweden

§18.01 Horizontal Agreements/Restraints
[1] Motor vehicle dealers convicted of cartel
[2] Stockholm City Court Imposes Substantial Fines on Construction
Cartel

§18.02 Policy and Procedure

CHAPTER 19 Switzerland

§19.01 Horizontal Agreements/Restraints
§19.02 Abuse of Dominant Position
[1] FCC Initiates Investigation Into Distribution Of Imported Books
[2] Competition Commission fines pharmaceutical publisher Documed
[3] Draft decision against Swisscom alleges abuse of dominant position
and Proposes CHF 237 million Fine

§19.03 Mergers and Acquisitions
[1] FCC Approves Maxit/Saint-Gobain Merger Subject To Commitments
[2] Competition Commission Approves Coop/Carrefour Merger Subject
To Commitments
[3] Competition Commission Approves Fenaco/Steffen-Ris AG Merger
[4] Competition Commission Approves CSS/Intras Merger
[5] Fcc Approves Swisscom/The Phone House Merger

§19.04 Policy and Procedure
[1] FCC Annual Report
[2] FCC Recommends More Protection For Military Goods Bidders
[3] Competition Commission Approves The Heineken/Eichhof Merger
[4] Swiss Supreme Court Upholds Right To Free Market Access
[5] Competition Commission Calls For Simpler Checking Of Network
Access Prices In The Telecom Market
[6] Swiss Supreme Court Acknowledges Limited Privilege For In-House
Solicitors

CHAPTER 20 United Kingdom

§20.01 Horizontal Agreements/Restraints
[1] House Of Lords Upholds Appeal Against US Extradition
[2] Marine Hose Cartel: First Criminal Convictions Under United
Kingdom Cartel Laws
[3] Pharmaceuticals Price-Fixing Case Collapses
[4] Courts Rule Against Restitutionary Rewards in Antitrust Claims
[5] Appeal Permitted Against Time Limitations In Private Damages Action

§20.02 Abuse of Dominant Position
§20.03 Mergers and Acquisitions
[1] OFT Refers De Minimis Merger Of Acid Manufacturers To The
Competition Commission
[2] Banking Crisis: State Intervenes In Lloyds/Hbos Transaction
[3] CAT Upholds Commission Prohibition Of BskyB Share Acquisition In
ITV
[4] CC Issues Revised Remedies Guidelines
[5] CC Prohibits Merger Following Extensive Remedies Discussions

§20.04 Policy and Procedure
[1] OFT Offers Payments To Cartel Informants
[2] OFT Consults On Revised Procedural Guidance For Merger
Investigations
[3] OFT And CC Signal Intention To Issue Joint Merger Guidelines

Table Of Cases

Subiotto Romano

Mr. Subiotto is a partner in the Brussels and London offices of Cleary Gottlieb Steen & Hamilton LLP. He is a graduate of the Universities of Málaga, King's College, London, Paris and Harvard. Mr. Subiotto became a Solicitor-Advocate (Higher Courts Civil Proceedings) in 2006, and was appointed Queen's Counsel in 2009. Mr. Subiotto advises companies on a wide range of issues under European and national antitrust law, and represents clients in arbitrations and before the European Commission, national antitrust authorities, the European Courts in Luxembourg and the High Court in London. Mr. Subiotto is a member of the Court of Arbitration for Sport as well as a member of the Academic Council of Harvard Law School's European Law Research Center.

Robbert Snelders

Robbert Snelders is a partner in the Brussels office of Cleary Gottlieb Steen & Hamilton LLP. He is a graduate of Harvard Law School, the College of Europe, and Leiden University, and clerked for Justice Kapteyn at the European Union's Court of Justice. Mr. Snelders is distinguished as a leading Competition/Antitrust lawyer by Chambers Global ? The World's Leading Lawyers, and is included in Global Competition Review's "40 Under 40" survey of the world's leading young antitrust lawyers. He advises companies on a wide range of issues under European and national antitrust and merger control law and also represents clients before the European Commission and national antitrust authorities and the European Courts in Luxembourg.