News

Polish cement decision

Premium 01 May 1999

The Polish Antimonopoly Court overturned the decision of the Polish Office for the Protection of Competition and Consumers prohibiting an acquisition by Cementownia Ozarow SA, a large cement factory controlled indirectly by Irish CRH Plc, of a controlling stock in Faelbud SA in Lublin.

Reliant Energy/UNA

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Houston-based energy firm Reliant is to enter the European Energy market with the US$2.4 billion acquisition of NV Energieproduktiebedrijf UNA, one of the biggest power companies in the Netherlands.

Union Camp/International Paper

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US paper and forestry products producer International Paper is to acquire paper manufacturer Union Camp in a tax-free, stock-for-stock exchange valued at US$6.6 billion.

Barr Laboratories/DuPont

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The US District Court of Delaware recently ruled that Barr Laboratories could proceed with its antitrust suit against DuPont.

Intel/Intergraph

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Intel Corporation has settled with the FTC on the eve of its landmark antitrust case.

IMS/ PMSI

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The UK Monopolies and Mergers Commission recently ruled that the merger between pharmaceutical business information firms IMS Health INC and Pharmaceutical Marketing Services INC (PMSI) could reduce competition in pharmaceutical data services, and required IMS to divest the Source Dispenser business and to give undertakings in relation to supplying these services.

Intel/ Intergraph

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Intel Corporation has settled with the FTC on the eve of its landmark antitrust case.

EU: Competition hearing procedures simplified

Premium 01 April 1999

These two new regulations, in fact, do more than just simplify existing procedural rules. Under Regulation No 2842/98 the ‘sufficient interest’ requirement no longer applies to addressees, applicants, complainants or other third parties wishing to express their views orally. However, it is still at the Commission’s discretion whether they are allowed to do so. As a result of the second new Regulation, No 2843/98, procedures for the transport sector have been brought into line with procedures governing other sectors. It is therefore an important development in the application of competition rules and procedures to this sector.

New Zealand: Proposed changes to Commerce Act will mean tougher penalties

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The New Zealand Ministry of Commerce has recommended changes to the Commerce Act 1986 designed to increase the Act’s deterrent effect against anticompetitive behaviour by large New Zealand firms. The changes are likely to be in force later this year, and should see tougher penalties and a wider range offences being caught.

Switzerland: Concept of collective dominance established

Premium 01 April 1999

In a decision based on a rigorous economic analysis, the Swiss Competition Commission has introduced the concept of collective dominance into Swiss antitrust law. Drawing in its analysis on the EU Commission’s decisions and the checklist of the German Bundeskartellamt, the Commission ordered the merging companies to divest two affiliated companies. The decision centred on the duopoly which would have been created by the merger and the fact that both companies were vertically integrated.