Competition weekly news summary
Friday, September 18, 2009

Conferences and Speeches

  • Commission Guidelines for broadband networks
    Introductory Remarks at Press Conference, Brussels, Neelie Kroes
    17 September 2009
    "These guidelines should facilitate public support for the rollout of new, neutral and open broadband infrastructures in underserved or unprofitable areas, on which a competitive market for services needs to develop."
  • The Opel case in the debate of restructuring the European car industry
    Address at the Plenary session of the European Parliament, Strasbourg, Neelie Kroes
    14 September 2009
    "All the plans to save Opel/Vauxhall presented by different potential investors have foreseen both plant closures and job cuts. However, a serious restructuring is the only way to ensure viable and stable jobs for the future. The Commission cannot and should not try to dictate where such cuts will fall, nor can it try to prevent them. We will however be scrutinising the process carefully to ensure that it is based on commercial considerations, designed to sustain viable jobs, and not protectionist motives."

Mergers

  • Commission approves proposed acquisition of KOM-STROM by DONG
    16 September 2009
    The Commission examined notably the vertical link between the market for electricity wholesale and the market for retail electricity supply in the region of Lübeck. The Commission concluded that the proposed merger would not close off the market to competition because a sufficient number of competitors would remain able to provide electricity at the wholesale supply level and there would be a sufficient customer base at the retail supply level.

Antitrust

State aid

Court

  • C-519/07 Commission v Friesland Campina
    17 September 2009
    The European Court of Justice ruled on an appeal brought by the Commission against a Court of First Instance judgment of 12 September 2007 (case T-348/03) that had partially annulled a Commission decision of 17 February 2003 declaring the Dutch GFA scheme, on tax provisions for the international financing activities of companies, incompatible with the EU state aid rules. The Court of Justice set aside the CFI judgment and confirmed that the Commission did not breach the principles of protection of legitimate expectations and of equal treatment by excluding Friesland Campina from the transitional provisions of its decision, granted to companies who benefitted from the GFA scheme at the time of the Commission's decision. Friesland Campina was not a beneficiary of the scheme, but had only filed its first application for authorisation to enter the scheme, at the time of the Commission's decision. The Court referred the case back to the Court of First Instance, in order to examine other pleas brought by Friesland Campina, alleging in particular an infringement of the duty to state reasons.
  • C-520/07 Commission v MTU Friedrichshafen
    17 September 2009
    The Court of Justice ruled on an appeal by the Commission against a judgment of the Court of First Instance of 12 September 2007 (case T-196/02) that had partially annulled a Commission decision of 9 April 2002 insofar as it had held MTU Friedrichshafen solidarily liable for the repayment of part of a state aid granted to SKL Motoren- und Systembautechnik. The Court confirmed the CFI ruling, finding that there was not enough evidence to establish that MTU had partially benefitted from the aid granted to SKL Motoren- und Systembautechnik.

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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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