Focus Antitrust - Competition Weekly Email Alert - 21 August 2013

In the News

CC announces adverse provisional finding in Cineworld/City Screen merger

The CC has provisionally concluded that the completed acquisition by Cineworld Group plc of City Screen has, or may be expected to result, in a substantial lessening of competition in the market for cinema exhibition services in a number of areas. In order to remedy the competition concerns, the CC may require the divestiture of one of the parties' cinemas in each of the affected areas. Click here.

Commission notice on Deutsche Bahn commitments to address abuse of dominance concerns

The European Commission has published a notice to seek views on commitments offered by Deutsche Bahn to address concerns that it may have breached the prohibition on abuse of a dominant position under Article 102 on the market for the provision of traction current in Germany. The Commission is concerned that Deutsche Bahn's pricing system for providing traction current to railway companies might have hampered the development of competition on rail markets, in particular, by creating a margin squeeze on the long distance passenger rail transport and rail freight markets in Germany. Click here.

EU

European Commission

The European Commission has published the full, non-confidential text of its November 2011 decision to grant conditional approval to the acquisition by Western Digital Corporation of Viviti Technologies Limited. Click here. UK

Competition Appeal Tribunal

The CAT has ruled on an application by UK-based claimants to lift the stay on their damages action against participants in the carbon and graphite products cartel. The damages action had been stayed pending an appeal to the Supreme Court by one of the defendants, Morgan Crucible, in respect of whether the actions against it had been brought on time. The claimants argued that the stay should be lifted as against the other defendants because, whatever the outcome of Morgan Crucible's appeal to the Supreme Court, the CAT nonetheless has jurisdiction over the claims against the other defendants. The CAT agreed and has lifted the stay in respect of the claims against all defendants other than Morgan Crucible. Click here. Competition Commission The CC has published a direction requiring Ultralase Optimax Group Ltd and Optimax Clinics Limited to appoint a monitoring trustee in respect of their completed merger. Click here. The CC has extended the period for its inquiry into the proposed merger between Poole Hospital NHS...