Winston & Strawn Antitrust and Competition - The EU Weekly Briefing, Volume 1, Issue 15

Volume 1, Issue 15
Monday 18 February 2013

Antitrust and Competition – The EU Weekly Briefing

Competition Commission provisionally decides to release Yellow Pages undertakings. The Competition Commission (CC) has provisionally decided to release hibu plc (hibu) (formerly Yell Group plc) from undertakings offered in April 2007 (News Release 70/06), consistent with OFT advice to the CC in October 2012 (OFT 1459). The CC considers that the undertakings, which include price control with respect to advertisements in hibu’s Yellow Pages printed directory, and restrictions on its ability to publish second-tier directories, may no longer be appropriate to current market conditions (CC News Release).

Phase I Clearance

M.6808 – PAI Partners / Industrial Parts Holding (EXME 12.02.2013).
M.6810 – E.ON / Enerjisa (15.02.2013) (simplified review).
M.6823 – CD&R / B&M (15.02.2013) (simplified review).

Competition Commission publishes summary of provisional findings in Global Radio / GMG merger inquiry. On 15 February 2012, the CC published provisional findings related to the completed acquisition by Global Radio Holdings Limited of GMG Radio Holdings Limited (see Global Radio / GMG merger inquiry). In the provisional view of the CC, the merger may be expected to result in a substantial lessening of competition in the UK radio market based on a loss of rivalry in seven regions (Provisional Findings). The CC has invited views on appropriate remedies in each of the affected areas by 27 February 2013 (Notice of Possible Remedies).

OFT refers Barr / Britvic merger to Competition Commission. On 13 February 2013, the OFT referred the proposed acquisition by A.G. BARR plc (Barr) of Britvic plc (Britvic) to the CC for in-depth investigation. According to the OFT, Barr and Britvic are two of the three main players in the UK that offer a wide range of soft drink brands. The OFT found that the proposed acquisition raised competition concerns with respect to the loss of competitive constraint on Barr’s ‘IRN BRU’ and ‘Orangina’ brands and was therefore unable to rule out the possibility of higher prices post-merger (Press Release 14-13).

DG Comp publishes Ernst & Young study on co(re)insurance pools and on ad-hoc co(re)insurance agreements on the subscription market. The Study provides an overview of co(re)insurance pools following the adoption of the new Insurance Block Exemption Regulation (Regulation (EU) No 267/2010) and ad-hoc co(re)insurance agreements on the subscription market (Study on co(re)insurance). The Report also takes a closer look at market practices concerning ad-hoc co(re)insurance agreements following up on the 2007 Commission Insurance Sector Inquiry.

Speech by OFT Chairman, Philip Collins. Our competition role – and how things are changing (Law Society of Scotland In-house Lawyers Group, 6 February 2013).

Al-Qaida
Commission Implementing Regulation (EU) No 123/2013 (OJ L 42/18, 13.02.2013) amending Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network. The Implementing Regulation amends Annex I listing designated persons/entities.

If you would like to contact the authors of The EU Weekly Briefing, please click here.

Attorney Advertising Materials

These materials have been prepared by Winston & Strawn LLP for informational purposes only. These materials do not constitute legal advice and cannot be relied upon by any taxpayer for the purpose of avoiding penalties imposed under the Internal Revenue Code. Receipt of this information does not create an attorney-client relationship. No reproduction or redistribution without written permission of Winston & Strawn LLP.