CARTELS

Mitsubishi Electric and Toshiba appeal re-imposed fines in GIS cartel. In June 2012, the European Commission (Commission) re-imposed fines on Mitsubishi Electric and Toshiba for their participation in the GIS cartel (Case COMP/38899) following the annulment by the General Court of those fines (see Case T-113/07, Toshiba v Commission and Case T-133/07, Mitsubishi Electric v Commission). Both Toshiba and Mitsubishi Electric have brought actions before the General Court seeking the annulment of the fines re-imposed by the Commission (Case T-404/12, Toshiba v Commission and Case T-409/12, Mitsubishi Electric v Commission OJ 2012 C 343/19, 10.11.2012).

YKK appeals General Court judgment on fasteners cartel. In September 2007, the Commission imposed a fine on YKK for its participation in the fasteners cartel (Case COMP/39168). An appeal brought by YKK was dismissed in its entirety by the General Court in June 2012 (Case T-448/07, YKK v Commission). YKK has now brought an appeal before the European Court of Justice (ECJ) that the judgment of the General Court be set aside (Case C-408/12 P, YKK v Commission).

General Court partially annuls Commission inspection decisions. On 14 November 2012, the General Court partially annulled Commission decisions related to unannounced inspections (so-called “dawn raids”) at the premises of Nexans and Prysmian (Case T-135/09, Nexans v Commission and Case T-140/09, Prysmian v Commission).

EU MERGERS

Phase I Clearance

  • M.6694Helvetia/Certain parts of Gan Eurocourtage marine insurance portfolio (12.11.2012, IP/12/1196).
  • M.6705 Procter & Gamble/Teva Pharmaceuticals OTC II (12.11.2012, IP/12/1193).
  • M.6721 First Reserve Management/SK Capital Partners/ TPC Group, (12.11.2012 EXME 12/12.11).
  • M.6718Toyota Tsusho Corpoartion/CFAO (14.11.12, IP/12/1206)

UK MERGERS

Court of Appeal grants Ryanair permission to challenge CAT judgment on Competition Commission (CC) investigation of Aer Lingus shareholding. The order of the Court of Appeal granting Ryanair permission to appeal against the CAT’s judgment of 8 August 2012 has been published by the CAT (Order of the Court of Appeal, 4 October 2012). In that judgment, the CAT dismissed an application by Ryanair challenging the CC’s investigation of Ryanair’s completed acquisition of a minority shareholding in Aer Lingus. The CAT held that the Competition Commission’s investigation could continue despite the existence of a parallel investigation by the Commission of Ryanair’s bid to acquire the entirety of Aer Lingus.

Clearance

Epwin/Latium acquisition cleared by the Competition Commission (Press Release, 13 Nov 12).

Referral

Groupe Eurotunnel/SeaFrance completed acquisition referred to Competition Commission for a detailed investigation (ME/5570/12).

EU ECONOMIC SANCTIONS UPDATES

Iran

Council Regulation (EU) No 1067/2012 (OJ L 318/1, 15.11.2012) amending Council Regulation (EU) No 267/2012 concerning restrictive measures against Iran. The amendments introduce a further exemption in relation to those listed in Annex IX of Regulation (EU) No 267/2012 with respect to production sharing agreements awarded by Governments (other than Iran) prior to 27 October 2010.