Focus Antitrust - 3 May 2017

In The News

ECJ upholds European Commission decision on South European bananas cartel

The ECJ has dismissed Pacific Fruit's appeal against the General Court's judgment in relation to the cartel for bananas sold in Greece, Italy and Portugal. The ruling indicates that, in proving a cartel, the European Commission can rely on and use as evidence documents that were lawfully transmitted to the Commission by national authorities other than competition authorities. Click here.

EU

Articles 101 and 102

• The ECJ has dismissed Akzo Nobel's appeal against the General Court judgment in relation to the heat stabilisers cartel, finding that Akzo Nobel continued to be liable for the infringement, even though the limitation period had expired in relation to its subsidiaries. Click here.
• The European Commission has closed its investigation in the automotive exhaust systems sector on administrative grounds. Click here.
• The Advocate General's opinion has been handed down on Toshiba's appeal against the General Court judgment in relation to the European Commission decision re-imposing fines for the gas insulated switchgear cartel. The opinion recommends dismissal of the appeal. Click here.

Mergers

• An Advocate General's opinion has been handed down, which recommends that the ECJ should confirm that the creation of a joint venture — be this by the formation of an entirely new undertaking or the conversion of an existing undertaking into a joint venture —is subject to the EU merger control regime, only if the undertaking in question is full-function. Click here.

UK

CMA

• The CMA has completed its remittal investigation into the private healthcare market investigation, concluding that there have been no material changes of circumstances since its previous report was issued. 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.