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Guides on the Competition policy in the EU.
Antitrust: EC policy paper on compensating consumer and business victims of competition breaches - guide by EUbusiness — last modified 03 April 2008, 13:44 CET
The European Commission on 3 April 2008 published a White Paper suggesting a new model for achieving compensation for consumers and businesses who are the victims of antitrust violations (breaches of EC Treaty rules on restrictive business practices and abuse of dominant market positions). At present, there are serious obstacles in most EU Member States that discourage consumers and businesses from claiming compensation in court in private antitrust damages actions. The White Paper includes suggestions to make damages claims by victims more efficient, whilst ensuring respect for European legal systems and traditions. The model outlined by the Commission is based on compensation through single damages for the harm suffered. The White Paper's other key recommendations cover collective redress, disclosure of evidence and the effect of final decisions of competition authorities in subsequent damages actions. The recommendations balance rights and obligations of both the claimant and the defendant and include safeguards against abuses of litigation. Interested parties are invited to comment on the recommendations until 15 July 2008. The Commission will then reflect on concrete measures in the light of responses to the White Paper.
Commission investigation into UK restructuring aid package for Northern Rock - guide by EUbusiness — last modified 02 April 2008, 11:18 CET
The European Commission on 2 April 2008 launched an in-depth investigation under the EC Treaty’s rules on state aid into the UK authorities' package of measures to support the restructuring of Northern Rock, the UK mortgage bank. The Commission received the notification of these measures on 17th March 2008. The opening of an in-depth investigation gives interested parties the possibility to comment on the proposed measures but it does not prejudge the outcome.
European Commission Decision of 27 February 2008 to impose penalty payments on Microsoft - guide by EUbusiness — last modified 27 February 2008, 14:45 CET
The European Commission on 27 February 2008 imposed a penalty payment of EUR 899 million on Microsoft for non-compliance with its obligations under the Commission’s March 2004 Decision prior to 22 October 2007. Today’s Decision, adopted under Article 24(2) of Regulation 1/2003, finds that, prior to 22 October 2007, Microsoft had charged unreasonable prices for access to interface documentation for work group servers. The 2004 Decision, which was upheld by the Court of First Instance in September 2007, found that Microsoft had abused its dominant position under Article 82 of the EC Treaty, and required Microsoft to disclose interface documentation which would allow non-Microsoft work group servers to achieve full interoperability with Windows PCs and servers at a reasonable price.
EU case against Microsoft - background by EUbusiness — last modified 28 February 2008, 23:42 CET
Background information about the European Commission’s March 2004 Microsoft Decision, the Court of First Instance proceedings relating to that Decision, and its ongoing implementation.
Commission fine on E.ON for breach of seal during inspection - guide by EUbusiness — last modified 30 January 2008, 16:51 CET
The European Commission has imposed a fine of € 38 000 000 on E.ON Energie AG (“E.ON”) for the breach of a Commission seal in E.ON’s premises during an inspection. The seal had been affixed to secure documents collected in the course of an unannounced inspection in May 2006 (see MEMO/06/220). When the Commission came back the next day, the seal was broken. The inspection formed part of the Commission's enforcement activities against allegations of anticompetitive practices on the German energy markets.
EC prohibits MasterCard's intra-EEA Multilateral Interchange Fees - guide by EUbusiness — last modified 20 December 2007, 00:51 CET
The European Commission on 19 December 2007 decided that MasterCard's multilateral interchange fees (MIF) for cross-border payment card transactions with MasterCard and Maestro branded debit and consumer credit cards in the European Economic Area (EEA) violate EC Treaty rules on restrictive business practices (Article 81). The Commission concluded that MasterCard's MIF, a charge levied on each payment at a retail outlet when the payment is processed, inflated the cost of card acceptance by retailers without leading to proven efficiencies. MasterCard has six months to comply with the Commission's order to withdraw the fees. If MasterCard fails to comply, the Commission may impose daily penalty payments of 3.5% of its daily global turnover in the preceding business year. MIF are not illegal as such. However, a MIF in an open payment card scheme such as MasterCard's is only compatible with EU competition rules if it contributes to technical and economic progress and benefits consumers. In the EU, over 23 billion payments, exceeding a value of EUR 1,350 billion, are made every year with payment cards.
Antitrust: EU Commission fine for Visa for refusing to admit Morgan Stanley as a member – frequently asked questions by EUbusiness — last modified 03 October 2007, 13:01 CET
The European Commission on 3 October 2007 fined Visa EUR 10,200,000 for a serious infringement of the EC Treaty and EEA Agreement rules on restrictive business practices (Article 81 of the EC Treaty and Article 53 of the EEA Agreement). From March 2000 to September 2006, Visa refused to admit Morgan Stanley as a member without an objective justification. The Commission found that the exclusion of Morgan Stanley from Visa membership restricted competition in the provision of credit card acceptance services to merchants in the United Kingdom. Morgan Stanley had concrete plans and expertise to contribute to more efficient competition and generate positive effects on prices and the quality of service in a highly concentrated market.
State aid for airports and start-up aid to airlines - questions & answers by EUbusiness — last modified 10 July 2007, 17:47 CET
In September 2005 the European Commission adopted "Community guidelines on financing of airports and start-up aid to airlines departing from regional airports" (hereinafter the 2005 aviation guidelines). These guidelines were put in place to codify Commission practice and to take account of changes which had taken placed in the European aviation market. The 2005 guidelines reflect the jurisprudence of the "Aeroports de Paris" cases wherein the European Courts have clarified that airport management and operation activities consisting in the provision of airport services to airlines and to the various service providers within airports are economic activities. The guidelines also reflect the competitive situation of the fully liberalised air transport market in place since the completion of the third aviation liberalisation packet in the 1990s.
Commission anti-trust decision against Telefonica - frequently asked questions by EUbusiness — last modified 04 July 2007, 11:54 CET
European Commission fine of EUR 151 million against Spanish telecom group Telefonica.
European Commission prohibition of Ryanair's proposed acquisition of Aer Lingus – frequently asked questions by EUbusiness — last modified 27 June 2007, 12:09 CET
The European Commission on 27 June 2007 prohibited, on the basis of the EU Merger Regulation, the proposed takeover by Ryanair of Aer Lingus. It says the acquisition would have combined the two leading airlines operating from Ireland which currently compete vigorously against each other. The Commission concluded that the merger would have harmed consumers by removing this competition and creating a monopoly or a dominant position on 35 routes operated by both parties. This would have reduced choice and, most likely, led to higher prices for more than 14 million EU passengers using these routes to and from Ireland each year. The Commission's investigation and market test of remedies offered by Ryanair demonstrated that these remedies were inadequate to remove the competition concerns. In particular the limited number of airport "slots" offered was not likely to lead to competition sufficient to replace the competitive pressure currently exercised by each airline on the other. The Commission therefore concluded that the concentration would significantly impede effective competition within the European Economic Area or a substantial part of it.
Competition Policy in the European Union by EUbusiness — last modified 24 August 2006, 17:02 CET
Effective competition is seen by the European Commission as crucial to an open market economy. It cuts prices, raises quality and expands customer choice. Competition allows technological innovation to flourish.