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Focus Antitrust - 24 June 2015

In The News

European Commission fines parking heaters producer €68 million in cartel settlement

The European Commission has found that two German producers of automotive parts, Eberspächer and Webasto, have breached Article 101. The Commission found that the two companies, which were the only two suppliers of parking heaters in Europe, coordinated prices and allocated customers with regards to fuel-operated parking heaters (which heat parked cars or trucks) and auxiliary heaters (which support the heating system of a running car or truck). The Commission has imposed a fine of €68,175,000 on Eberspächer for its involvement in the cartel. This fine was reduced under the Commission's leniency programme to reflect Eberspächer's cooperation with the investigation. Webasto was not fined because it benefited from immunity for revealing the existence of the cartel to the Commission. Both companies agreed to settle the case with the Commission, so that Eberspächer's fine was reduced by a further 10%. Click here.


Articles 101 and 102

  • The European Commission is inviting comments from interested parties on commitments offered by the State-owned Bulgarian Energy Holding EAD (BEH) to address competition concerns about BEH's behaviour on the non-regulated wholesale electricity market in Bulgaria. The commitments are intended to address the Commission’s concerns that BEH may be hindering the resale of electricity by imposing territorial restrictions on traders. Click here.

  • The ECJ has upheld part of the appeal by Deutsche Bahn against a General Court judgment which upheld three European Commission dawn raid decisions. The ECJ held that the second and third decisions were unlawful on the basis that the Commission had breached Deutsche Bahn's rights of defence by telling its agents, prior to the first inspection, about additional suspected competition law infringements which were not covered by the decision authorising the first inspection. Click here.


  • The CMA has accepted undertakings in lieu of a reference offered by Greene King to remedy competition concerns identified as a result of its acquisition of Spirit. Click here.
  • The CMA has accepted undertakings in lieu of a reference offered by Stagecoach to remedy competition concerns over the award of the InterCity East Coast rail franchise. Click here.