Competition policy newsletter

European Commission Directorate-General For Competition

Description

Number 1, Spring 2005
Competition policy
Target audience: Specialised/Technical

Informations

• Publié par: EUROPEAN-COMMISSION-DIRECTORATE-GENERAL-FOR-COMPETITION
• Nombre de lectures: 58
• Langue: English
• Poids de l'ouvrage: 3 Mo

Extrait

ISSN 1025-2266
COMPETITION POLICY
l· .ETTER
EC COMPETITION
POLICY NEWSLETTER
Editors: 2005 Φ NUMBER 1 Φ SPRING
Linsey Mc Callum
Published three times a year by the
Nicola Pesaresi
Competition Directorate-General of the European Commission
Address:
European Commission,
Also available online: J-70, 04/226
http://europa.eu.int/comm/competition/publications/cpn/ Brussel B-1049 Bruxelles
Tel.: [phone]
Fax: [phone]
World Wide Web:
http://europa.eu.int/comm/
competition/i ndex_en.html
INSIDE:
• Introduction by Commissioner Neelie Kroes
• State aid rules and public funding of broadband
• First experiences with the new merger regulation
• Recent cartel cases
• Profit splitting mechanisms in the gas market
• State aid and shipyards — recent developments
MAIN DEVELOPMENTS ON
• Antitrust — Merger control — State aid control — Enlargement
EUROPEAN COMMISSION Contents
1 Introduction by Commissioner Kroes
Articles
3 A new perspective for Spanish shipyards — reducing distortions in shipbuilding by Hans BERGMAN and
Kai STRUCKMANN
8 State aid rules and public funding of broadband by Monika HENCSEY, Olivia REYMOND, Alexander RIEDL,
Sandro SANTAM ATO and Jan Gerrit WESTERHOF
16 State aid aspects in the implementation of the Emission Trading Scheme by Brigitta RENNER-LOQUENZ
19 The Court of Justice rules for the first time on Article 21(3) of the Merger Regulation in case C-42/01
Portuguese Republic v. Commission by Tea MÄKELÄ
Opinions and comments
25 Profit splitting mechanisms in a liberalised gas market: the devil lies in the detail by Harold NYSSENS and
lain OSBORNE
31 The BdKEP decision: the application of competition law to the partially liberalised postal sector by Manuel
MARTINEZ LOPEZ and Silke OBST
35 Capacity limitations for shipyards in the context of the Court of Justice' judgement on Kvaerner Warnow Werft
(KWW) byJoerg KOEHLI
International/Enlargement
39 Next EU enlargement: Romania and State aid control by Koen VAN DE CASTEELE
Competition Day
43 European Competition day in Luxembourg
Antitrust
45 Les décisions GDF
La Commission est formelle: les clauses de restriction territoriale dans les contrats de gaz violent l'article 81
par Concetta CULTRERA
49 Two recent veto decisions under the new Regulatory framework for electronic communications — The
importance of competition law principles in market analysis by Dirk GREWE, Andrås G. ¡NOTAI and
Stefan KRAMER
53 The Court of First Instance rejects Microsoft's request for interim measures concerning the Commission's
decision of 24 March 2004 by Cecilio MADERO, Nicholas BANASEVIC, Christoph HERMES, Jean HUBY and
Thomas KRAMLER
59 The needles case: how to find within a complex scheme of bilateral agreements, a tripartite market sharing
agreement by Christian ROQUES
Cartels
63 Comment un armistice se transforme en cartel sur le marché de la bière française by Ann RUTGEERTS
65 Commission fines companies for colluding on raw tobacco prices in Spain by Carlota REYNERS FONTANA,
Massimo DE LUCA and Rafael MORILLAS
67n adopts cartel decision imposing fines on copper plumbing tube producers by Harald MISCHE
71 Commission fines members of the monochloroacetic acid cartel by Christopher MAYOCK
Merger control
73 Merger control: Main developments between 1 September and 31 December 2004 by Mary LOUGHRAN and
John GATTI
79 First experiences with the new merger regulation: Piaggio / Aprilia by Mario TODINO
84 EDP/ENI/GDP: the Commission prohibits a merger between gas and electricity national incumbents by
Giuseppe CONTE, Guillaume LORIOT, François-Xavier ROUXEL and Walter TRETTON
State aid control
89 Décision finale positive dans le dossier des centres de coordination belges par Jean-Marc HUEZ
94 State aid for restructuring the steel industry in the new Member States by Max LIENEMEYER
103 Flemish region authorized to participate in the capital increase of the R&D company OCAS by Christophe
GALAND
105 Aid in favour of Trinecké Zelezárny, a.s. a steel producer in the Czech Republic by Ewa SZYMANSKA
108 German Landesbanken: Recovery of more than €3 billion, plus interest, from WestLB and six other public
banks by Martha CAMBAS, Elke GRÄPER, Stefan MOSER, Yvonne SIMON and Annette SÖLTER
111 Information section Competition Policy Newsletter
Neelie Kroes, Commissioner responsible for Competition
Welcome to the spring 2005 edition of the Competition Policy Newsletter!
come; promote peace, security and respect for
rights within our borders; and, of course, export
these principles to partners throughout the world.
Competition policy has a crucial role to play in the
partnership for growth and jobs. Competition
drives up innovation and drives down prices.
Competition is the centralr for economic
growth.
I am firmly convinced that it is markets that
generate wealth — and, as a result ofthat, jobs —
and not governments. Competition is the essential
and necessary ingredient of markets. Market based
This is the first edition of the Newsletter since I
competition rewards strong firms that offer better
took over as European Commissioner for Compe­
goods and services at lower prices. And it penal­
tition. I would like to take this opportunity to give ises those which make less efficient choices about
you a picture of how I see competition policy
how they organise themselves and what they
evolving over the next five years, and how that fits
produce. And my own experience has taught me
into the wider vision the Barroso Commission has
that companies which face strong competition in
for the European Union. their home markets are more likely to become
successful on a global scale.
But first of all, I would like to put on record my
sincere thanks to Mario Monti for the achieve­ But markets will only serve us to their full poten­
ments which marked his term in office. His fare­
tial if they operate freely and fairly. Keeping the
well speech last October (reproduced in the
playing field level is right at the heart of my
autumn 2004 Newsletter) gave a flavour of the
mission. That is why I will pursue three key objec­
vigour, enthusiasm and sheer hard work he and the tives: ever more effective enforcement of modern­
Directorate General for Competition put into the
ised competition law; promoting competition-
job, with impressive results. It was an honour as
friendly practice; and reform of the state aid
well as a pleasure to pick up the baton from him.
regime.
Over the next five years I will be working for a
European Union that is peaceful, prosperous and Effective enforcement
competitive. A Union that makes the most of a
vibrant and well-functioning internal market. A Europe now has a set of up-to-date, effective rules
Union where well-educated people, top-level in the field of anti-trust and merger control. The
sound application of these rules is the European knowledge, and the right business climate come
together to produce innovative results. I think Commission's ongoing priority. But we also need
these aspirations — economic growth, better jobs to look at complementary steps to strengthen
and a secure and sustainable standard of living — enforcement.
are shared by the vast majority of Europeans.
I want to push harder in the fight against cartels.
That is why, under the guidance of President Cartels represent the worst of competition
breaches by robbing businesses and consumers of Barroso, the new European Commission is deter­
their fair share of the benefits of efficient inte­mined to reinvigorate the Lisbon process launched
grated markets. As well as creating a dedicated in 2000. We will do this through a partnership for
more economic growth and more jobs. cartel directorate within the Directorate General
for Competition, we are working on ways of
More economic growth will give us the means to improving the leniency system within Europe.
sustain the fabric of our European societies and This is also one of several areas where our cooper­
guarantee social justice; protect the natural envi­ ation with other competition authorities world­
wide is fundamental. ronment which is our legacy to generations to
Number 1 —Spring 2005 Introduction
Furthermore, it is time to empower consumer sure this is appropriately dealt with before the
groups and other private parties to press their own proposal leaves the Commission. And as well as
cases for breaches of European competition law. building competitiveness testing into European
We could make more use of the national courts. I impact assessment, I also intend to encourage
therefore plan to present a Green Paper on this Member States to review national regulation that
issue. Private enforcement of the competition rules stands in the way of competition.
is important in providing compensation to parties
injured by competition law infringements, acting
Reforming the state aid regime
as an incentive for compliance, and strengthening
the decentralisation of the enforcement of the anti­