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Focus Antitrust - 28 August 2014

28 August 2014


Article 101 and 102
  • Details of appeals by The Goldman Sachs Group (GSG) and six other companies that were fined by the European Commission for their participation in the power cables cartel have been published in the Official Journal. GSG alleges that the Commission wrongfully held it jointly and severally liable for the infringement allegedly committed by Prysmian. The other applicants allege that the Commission erred in assessing the infringement of Article 101 TFEU and in calculating the fine imposed.
  • Details of appeals lodged by Buzzi Unicem SpA and Italmobiliare SpA against General Court judgments dismissing actions to challenge a European Commission decision requesting information under Article 18 of Regulation 1/2003 have been published in the Official Journal. The appellants allege that the General Court erred in law and did not state its reasons when dismissing complaints on the lawfulness and proportionality of the Commission's information request decision. 


  • The CMA has made an initial enforcement order addressed to Capital Management Limited, Pork Farms Limited and Pork Farms Caspian Limited to prevent pre-emptive action in respect of the acquisition of the chilled savoury pastry business of Kerry Foods Limited by Pork Farms Caspian Limited.
  • Following consultation on draft undertakings, the CMA has accepted final undertakings (without material change to the form consulted on) from Hanson and, jointly, from Hanson and Lafarge Tarmac to remedy the adverse effects on competition that were identified in the final report on the aggregates, cement and ready-mix concrete market investigation. As part of the undertakings, Hanson has agreed to divest an active ground granulated blast furnace slag plant to an approved purchaser (who is not another granulated blast cement producer). The undertakings that have been jointly given by Hanson and Lafarge Tarmac ensure that the acquirer of the GGBS plant should be able to obtain supplies of granulated blast furnace slag and pellite from Lafarge Tarmac and access to existing stockpiles.

This article was written by Paul Stone.  

For more information please contact Paul on +44 (0)20 7203 5110 or paul.stone@crsblaw.com.