Competition weekly news summary
Friday, September 11, 2009

Conferences and Speeches

  • Competition law in an economic crisis
    Opening address at 13th Annual Competition Conference of the International Bar Association, Fiesole, Neelie Kroes
    11 September 2009
    "The trillions that have been used to support banks is your money. I want you to escape paying for the mistakes of unsound banks. If banks are properly restructured they will be able to repay the State and pay that bill."
  • Policy Developments in competition
    Meeting with the European Economic and Social Committee, Internal Market Section, Brussels, Neelie Kroes
    9 September 2009
    "I believe that the Commission's actions in the field of competition were a determining factor in preserving the single market and the benefits of competition for the European economy and consumers, while ensuring stability in the financial system."

Mergers

Antitrust

State aid

Competition

  • Commission reappoints Professor Damien Neven as Chief Competition Economist
    8 Septembre 2009
    The Commission decided to reappoint Professor Neven for a further period of three years to ensure continuity in projects that last beyond a period of three years, and to avoid continuity problems, which may be particularly relevant in the current times of financial and economic crisis, where the mandate of the Chief Economist and the Commission end around the same time.

Court

  • Commission welcomes Court judgment in Akzo Nobel case
    10 September 2009
    The judgment of the European Court of Justice in Case C- 97/08 dismissed in its entirety Akzo Nobel's appeal of a 2007 judgment of the Court of First Instance (Case T-112/05). The 2007 judgment had confirmed a Commission decision of 2004 (see IP/04/1454) imposing fines for cartel activities regarding choline chloride, a feed additive. The ECJ confirmed the Commission finding that a parent company may be held liable for anti-competitive behaviour of its subsidiaries even if it did not itself participate in those activities. The Court ruled that a 100% shareholding of a parent company in a subsidiary creates a rebuttable presumption that the parent company exercised decisive influence over the commercial policy of the subsidiary, no other elements being necessary to establish the presumption.
  • T-75/03 Banco Comercial dos Açores v Commission
    10 September 2009
    The Court of First Instance ruled on an appel by Banco Comercial dos Açores against a Commission decision of 11 December 2002 that found certain fiscal aid measures in Portugal partially incompatible with the EU state aid rules. The Court of First Instance entirely confirmed the Commission's assessment and dismissed the appeal.
  • Commission welcomes Court of First Instance Clearstream judgement
    9 September 2009
    In its judgment in case T-301/04 the Court of First Instance dismissed the action by Clearstream against a Commission decision of June 2004 (see IP/04/705). In its decision, the Commission found that Clearstream had abused its dominant market position by refusing to supply certain clearing and settlement services to one of its customers (Euroclear Bank SA), and by applying discriminatory prices to that same customer. The Court of First Instance upheld the Commission's decision in its entirety, both as regards the finding of a dominant position and the finding of a violation of Article 82. This judgement is important because it confirms the special responsibilities of dominant service providers for not impairing the provision of efficient and cheaper services in a market where the costs of cross-border securities transactions continue to be higher than for national ones within the Single Market.
  • Joined cases T-30/01 and others, Joined cases T-227/01 and others, Joined cases T-230/01 and others
    9 September 2009
    The Court of First Instance ruled on several appeals against two Commission decisions of July and December 2001, finding tax breaks adopted between 1993 and 1998 by the Spanish Basque Provinces of Alava, Vizcaya and Guipuzcoa in favour of certain newly created companies, incompatible with EU state aid rules. The CFI entirely confirmed the Commission's assessment and dismissed all appeals.
  • T-303/05 AceaElectrabel v Commission
    8 September 2009
    The Court of First Instance ruled on an appeal by AceaElectrabel against a Commission decision of 16 March 2005 suspending the payment of an aid measure declared compatible with the EU state aid rules until prior incompatible aid to the same beneficiary had been fully recovered. The CFI entirely confirmed the Commission's decision and dismissed the appeal.

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Published by the Competition Directorate General of the European Commission. The content of this publication does not necessarily reflect the official position of the European Commission. Neither the Commission nor any person acting on its behalf is responsible for the use which might be made of the above information.

© European Union, 2009. Reproduction is authorised provided the source is acknowledged.

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