Focus Antitrust - 13 September 2017

In The News

ECJ refers Intel rebates case back to the General Court

The European Court of Justice has set aside the General Court’s judgment, which upheld the European Commission’s abuse of dominance decision against Intel in relation to exclusivity rebates granted to its customers. The ECJ held that, as Intel had put forward evidence to the Commission that its conduct was not capable of restricting competition, the General Court should have examined Intel’s arguments challenging the Commission analysis of this issue. The ECJ has therefore referred the case back to the General Court for reconsideration. Click here.

Secretary of State proposes to refer Fox/Sky merger to CMA

The Culture Secretary has announced that she is minded to refer the Fox/Sky merger to the CMA on the grounds of media plurality and genuine commitment to broadcasting standards. The parties now have 10 working days to make representations on the proposed decision. Click here.  

EU

Articles 101 and 102

• The General Court has issued its judgment on Laufen Austria AG's appeal against the European Commission's decision on the bathroom fixtures and fittings cartel. The case was referred back to the General Court by the European Court of Justice because of an error in applying the 10% worldwide turnover ceiling for fines and the General Court has now reduced the fine imposed on Laufen accordingly. Click here.

Mergers

• The European Court of Justice has confirmed that the EU merger regulation applies to a change in the form of control of an existing undertaking which, previously exclusive, becomes joint, only if the joint venture created by such a transaction performs on a lasting basis all the functions of an autonomous economic entity. Click here.

UK

CMA

• The CMA has accepted undertakings in lieu of a reference in relation to Wood Group’s purchase of Amec Foster Wheeler. Click here. 
• The CMA is consulting on undertakings in lieu of a reference offered by Origin in relation to its merger with Bunn. Click here.

This article was written by Paul Stone. For more information, please contact Paul on +44(0)20 7203 5110 or at paul.stone@crsblaw.com.