SEC(2002)462 - XXXIst Report on Competition Policy 2001
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official title
Report from the Commission - XXXIst Report on Competition Policy 2001Legal instrument | Report |
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reference by COM-number1012 | SEC(2002)462 ![]() |
Additional COM-numbers | SEC(2002)462 |
CELEX number1015 | 52002SC0462 |
Document | 29-04-2002 |
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Online publication | 29-04-2002 |
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- 1.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 2.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 3.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 4.Decision 4/2000 of the EU-Slovenia Association Council of 21 December 2000 (OJ L 130, 12.5.2001).
- 5.Case N 550/2000, Commission decision of 25.7.2001 (OJ C 330, 24.11.2001).
- 6.The figure for 2000 was revised after the 2000 Competition Report was published.
- 7.COM(2000) 582 (OJ C 365 E, 19.12.2000).
- 8.The figure for 2000 was revised after the 2000 Competition Report was published.
- 9.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 10.The figure for 2000 was revised after the 2000 Competition Report was published.
- 11.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 12.The figure for 2000 was revised after the 2000 Competition Report was published.
- 13.For a detailed description of the Commission's proposal, see Section I.A.3. of the 2000 Competition Report, SEC(2001) 694. For more details of the 1999 White Paper on Modernisation, see Section I.A.2. of the 1999 Competition Report, SEC(2000) 720.
- 14.OJ C 155, 29.5.2001.
- 15.The report of the Committee on Economic and Monetary Affairs and the opinions of the Committee on Industry, External Trade, Research and Energy and the Committee on Legal Affairs and the Internal Market (A5-0229/2001) have not yet been published in the Official Journal, but can be found on -->
- 16.The European Parliament legislative resolution (R5-0444/2001) has not yet been published in the Official Journal, but can be found on -->
- 17.Draft Commission notice on immunity from fines and reduction of fines in cartel cases (OJ C 205, 21.7.2001).
- 18.Commission evaluation report on the transfer of technology block exemption Regulation No 240/96, COM(2001) 786 final, 20.12.2001. The report is also available on the Internet at the following address: europa.eu.int/comm/competition/antitrust
- 19.Commission Regulation (EC) No 240/96 on the application of Article 81(3) of the Treaty to certain categories of technology transfer agreements (OJ L 31, 9.12.1996).
- 20.Commission Regulation (EC) No 2790/1999 (OJ L 336, 29.12.1999).
- 21.Commission Regulations (EC) Nos 2658/2000 and 2659/2000 (OJ L 304, 5.12.2000).
- 22.The figure for 2000 was revised after the 2000 Competition Report was published.
- 23.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 24.OJ C 368, 22.12.2001. The new notice is also available on the Internet at the following address: europa.eu.int/comm/competition/antitrust:
- 25.OJ C 372, 9.12.1997.
- 26.This does not imply that agreements between companies that exceed the thresholds set out in the notice do appreciably restrict competition. Such agreements may still have only a negligible effect on competition in the common market, but this can be assessed only on a case-by-case basis. Such assessment is relevant in particular for agreements that are not covered by any of the Commission block exemption regulations.
- 27.OJ L 336, 29.12.1999.
- 28.OJ L 304, 5.12.2000.
- 29.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 30.Decision of 23.5. 2001 on the terms of reference of hearing officers in certain competition proceedings (OJ L 162, 19.6.2001).
- 31.Decision of 12.12.1994 on the terms of reference of hearing officers in competition procedures before the Commission (OJ L 330, 21.12.1994).
- 32.Cases T-219/01 R Commerzbank AG, T-216/01 R Reisebank AG and T-213/01 R Österreichische Postsparkasse AG.
- 33.See 1.1.2 below.
- 34.Press releases MEMO/01/149, 24.4.2001 and IP/01/830, 13.6.2001.
- 35.OJ C 207, 18.7.1996.
- 36.OJ L 100, 1.4.1998.
- 37.OJ L 76, 22.3.1999.
- 38.OJ L 24, 30.1.1999.
- 39.OJ L 109, 27.4.1999.
- 40.Not published.
- 41.OJ L 152, 7.6.2001.
- 42.Cases COMP/D2/37.444 and COMP/D2/37.386 (OJ L 265, 5.10.2001).
- 43.Case COMP/36.490; press release IP/01/1010, 18.7.2001.
- 44.Case COMP/36.756; press release IP/01/1355, 20.10.2001.
- 45.Case COMP/37.512; press release IP/01/1625, 21.11.2001.
- 46.Case COMP/37.614; press release IP/01/1739, 5.12.2001.
- 47.Case COMP/37.800; press release IP/01/1740, 5.12.2001.
- 48.Case COMP/36.604; press release IP/01/1743, 5.12.2001.
- 49.Case COMP/37.919; press release IP/01/1796, 11.12.2001.
- 50.Case COMP/37.027; press release IP/01/1797, 11.12.2001.
- 51.Case COMP/36.212; press release IP/01/1892, 20.12.2001.
- 52.OJ C 205, 21.7.2001.
- 53.Case COMP/36.490; press release IP/01/1010, 18.7.2001.
- 54.Cases COMP/D2/37.444 and COMP/D2/37.386 (OJ L 265, 5.10.2001).
- 55.SAS lodged an appeal against the decision before the Court of First Instance on 3 October (Case T-241/01), contesting the amount of the fine.
- 56.Case COMP/36.756; press release IP/01/1355, 20.10.2001.
- 57.Case COMP/37.512; press release IP/01/1625, 21.11.2001.
- 58.Council Regulation (EEC) No 2988/74 of 26 November 1974 concerning limitation periods in proceedings and the enforcement of sanctions under the rules of the European Economic Community relating to transport and competition.
- 59.Case COMP/36.604; press release IP/01/1743, 5.12.2001.
- 60.Case COMP/37.614; press release IP/01/1739, 5.12.2001.
- 61.Commission decision of 23.7.1984 (Flat glass) and Commission decision of 15.5.1974 (Flat glass).
- 62.Case COMP/37.800; press release IP/01/1740, 5.12.2001.
- 63.Case COMP/37.027; press release IP/01/1797, 11.12.2001.
- 64.Case COMP/37.919; press release IP/01/1796, 11.12.2001.
- 65.Press release IP/01/1159, 31.7.2001.
- 66.Case COMP/36.212; press release IP/01/1892, 20.12.2001.
- 67.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 68.For a comprehensive description of the decision, see 1998 Competition Report, pp. 138-140.
- 69.Joined Cases T-202/98, T-204/98 and T-207/98
- 70.OJ C 207, 18.7.1996.
- 71.See Article 229 of the EC Treaty and Article 17 of Regulation No 17/62.
- 72.Case C-359/01 P.
- 73.Case COMP/C1/35.141.
- 74.Case COMP/C1/36.915.
- 75.Case COMP/34.493; press release IP/01/584, 20.4.2001.
- 76.Case COMP/D3/34.493, decision of 20.4.2001 (OJ L 166, 26.6.2001); decision of 17.9.2001 (OJ L 319, 4.12.2001).
- 77.Case COMP/D3/34.950, decision of 15.6.2001 (OJ L 233, 31.8.2001).
- 78.Case COMP/D3/38.051.
- 79.Cases COMP/D3/35.656 and COMP/D3/37.224.
- 80.Case COMP/D3/35.658.
- 81.Case COMP/D3/35.669.
- 82.Case COMP/36.041; press release IP/01/873, 20.6.2001.
- 83.Case COMP/38.044 IMS Health/NDC, decision of 3.7.2001 (OJ L 59, 28.2.2002).
- 84.Case T-184/01 R. The President found that the abusive nature of IMS's conduct could not be considered unambiguous under current competition rules, that there was a risk that IMS would suffer serious and irreparable harm if it were forced to grant a licence to its competitors, and that the balance of interests in this case favoured suspension of the decision.
- 85.Case COMP/C1/37.859 (OJ L 61, 2.3.2002).
- 86.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 87.Case COMP/C1/37.133.
- 88.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 89.The acquisition of a majority shareholding in Ruhrgas by EON is being dealt with by the German Federal Cartel Office.
- 90.Commission staff working paper: First report on the implementation of the internal electricity and gas market (SEC(2001) 1957, 3.12.2001).
- 91.COM(2001) 125 final, 13.3.2001.
- 92.Press release IP/01/872, 20.6.2001.
- 93.The figure for 2000 was revised after the 2000 Competition Report was published.
- 94.Cf. notice pursuant to Article 19(3) of Council Regulation No 17 in Case COMP/E3/37.921 Viking Cable (OJ C 247, 5.9.2001); the notifying parties have since decided to discontinue the Viking Cable project.
- 95.Press release IP/01/1641 - Commission settles Marathon case with Thyssengas.
- 96.Press release IP/01/578 - Enterprise Oil, Statoil and Marathon to market Irish Corrib gas separately.
- 97.Press release IP/01/830 - Commission objects to GFU joint gas sales in Norway.
- 98.European Parliament and Council Directive 96/92/EC of 19 December 1996 concerning common rules for the internal market in electricity (OJ L 27, 30.1.1997).
- 99.See 2000 Competition Report, points 119-221. See also press releases MEMO/00/55, 20.9.2000, IP/00/1090, 29.9.2000 and IP/00/1391, 30.11.2000.
- 100.In particular, as of 2003 the non-reserved area will include letters weighing more than 100g; this weight limit will not apply if the price is equal to or more than three times the public tariff for an item of correspondence in the first weight step of the fastest category. As of 2006 the non-reserved area will include letters weighing more than 50g; this weight limit will not apply if the price is equal to or more than three times the public tariff for an item of correspondence in the first weight step of the fastest category.
- 101.In 2006, the Commission will carry out a study evaluating, for each Member State, the impact on universal service of the completion of the internal postal market in 2009. On the basis of this study the Commission will submit a report to Parliament and the Council accompanied by a proposal confirming, if appropriate, the date of 2009 for the full completion of the internal postal market or determining any other step in the light of the study's conclusions.
- 102.A definition of special services was included in the Commission's original proposal. Although most of the national delegations agreed on the need to define special services in the new directive, a compromise could not be reached in the Council on a specific definition.
- 103.Case COMP/35.141 (OJ L 125, 5.5.2001).
- 104.Case COMP/36.915 (OJ L 331, 15.12.2001).
- 105.Press release IP/01/1068, 25.7.2001.
- 106.Case COMP/37.859 (OJ L 61, 2.3.2002); press release IP/01/1738, 5.12.2001.
- 107.COM(2001) 175 final, 28.3.2001.
- 108.The figure for 2000 was revised after the 2000 Competition Report was published.
- 109.Case C-429/99.
- 110.Joined Cases C-396/99 and C-397/99.
- 111.Case C-146/00.
- 112.Case C-500/01.
- 113.Regulation (EC) No 2887/2000 of the European Parliament and of the Council of 18 December 2000 (OJ L 334, 31.12.2000).
- 114.'Unbundling' the local loop (or the 'last mile', i.e. the physical circuit between the customer's premises and the telecommunications operator's local switch) amounts to mandatory access on the incumbent's local network to alternative carriers in order to introduce competition in this segment of the telecom networks, which are mainly in the hands of former monopolies. Nationwide duplication of these networks is normally impossible.
- 115.Cases COMP/38.001 Leased lines Spain, COMP/38.002 Leased lines Portugal, COMP/38.003 Leased lines Italy, COMP/38.004 Leased lines Greece and COMP/38.005 Leased lines Belgium.
- 116.Roaming occurs when a mobile phone user makes or receives calls when visiting a network other than his home network.
- 117.Press release MEMO/01/262, 11.7.2001.
- 118.Case COMP/37.462 (OJ L 249, 19.9.2001).
- 119.Press release IP/98/923, 22.8.1998.
- 120.Press release IP/00/1360, 27.11.2000.
- 121.Press release IP/01/1899, 21.12.2001.
- 122.Case COMP/37.812, public notice of 14.3.2001 (OJ C 83, 14.3.2001).
- 123.The figure for 2000 was revised after the 2000 Competition Report was published.
- 124.The figure for 2000 was revised after the 2000 Competition Report was published.
- 125.OJ C 356, 14.12.2001.
- 126.Commission decision of 18.7.2001 in Case COMP/37.444 SAS/Maersk Air (OJ L 265, 5.10.2001).
- 127.OJ L 155, 26.6.1993.
- 128.Interlining occurs when cargo is carried for part or all of the journey by an airline other than the airline the customer has contracted with.
- 129.Case COMP/36.563.
- 130.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 131.The figure for 2000 was revised after the 2000 Competition Report was published.
- 132.Commission decision of 19.10.1994 in Case No IV/34.446 Trans-Atlantic Agreement (OJ L 376, 31.12.1994).
- 133.Commission decision of 30.4.1999 in Case No IV/34.250 Europe-Asia Trades Agreement (OJ L 193, 26.7.1999).
- 134.Case COMP/37.982 Grand Alliance/Americana Consortium and Case COMP/38.021 Europe to Caribbean Consortium.
- 135.Directive 2001/12/EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 91/440/EEC on the development of the Community's railways.
- 136.Case COMP/37.685.
- 137.Press release IP/01/1415, 5.10.2001.
- 138.COM(2001) 370 final, 12.9.2001.
- 139.OJ L 171, 26.6.2001.
- 140.Press release IP/01/1523, 30.10.2001.
- 141.The figure for 2000 was revised after the 2000 Competition Report was published.
- 142.Commission Regulation (EC) No 1475/95 of 28 June 1995 on the application of Article 85(3) (now 81(3) of the Treaty to certain categories of motor vehicle distribution and servicing agreements (OJ L 145, 29.6.1995).
- 143.Report on the evaluation of Regulation (EC) No 1475/95 on the application of Article 85(3) (now 81(3)) of the Treaty to certain categories of motor vehicle distribution and servicing agreements (COM(2000) 743 final, 15.11.2000); see also 2000 Competition Report, points 112-115.
- 144.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 145.The study's terms of reference may be consulted on the Competition Directorate-General's Internet site: europa.eu.int/comm/competition/car_sector The study was entrusted to the firm of consultants Andersen following a call for tenders. It may be consulted at the above-mentioned Internet address.
- 146.'Customer Preferences for existing and potential Sales and Servicing Alternatives in Automotive Distribution', Dr Lademann
- 147.These two studies may be consulted on the Competition Directorate-General's Internet site: europa.eu.int/comm/competition/car_sector/. 'The Natural Link between Sales and Service' (Autopolis), 'Car Price Differentials in the European Union: An Economic Analysis' (Hans Degryse and Frank Verboven - KU Leuven and CEPR). See also 2000 Competition Report, point 113.
- 148.Of these sources, mention may be made of a study commissioned by the European Automobile Manufacturers' Association (EAMA), also dealing with the economic effects of alternative distribution systems.
- 149.The comparison is required by Article 11 of the exemption regulation.
- 150.See Commission press releases IP/01/227, 12.9.2001 and IP/01/1051, 23.7.2001.
- 151.Commission notice concerning Regulation (EEC) No 123/85 of 12 December 1984 on the application of Article 85(3) (now 81(3)) of the Treaty to certain categories of motor vehicle distribution and servicing agreements, Chapter II.1 (OJ C 17, 18.1.1985).
- 152.The differential may, however, exceed 12% by six percentage points for a period of less than one year or in respect of an insignificant portion of the vehicles.
- 153.See Article 8 and the 31st recital of the regulation.
- 154.Case COMP/36.693 Volkswagen, Commission decision of 29.6.2001 (OJ L 262, 2.10.2001).
- 155.Case COMP/36.264 DaimlerChrysler; press release IP/01/1394, 10.10.2001.
- 156.According to the guidelines on vertical restraints (OJ C 291, 13.10.2000), the only relevant criterion for determining whether Article 81(1) applies to the activity of commercial agents is whether or not the agent has to bear a risk linked to the sale of goods or services he is involved in. In this case, rebates granted by agents were taken off their commission and agents bore responsibilities with regard to transport; they also bought demonstration vehicles - a significant proportion of the total number of cars sold - and financed spare part stocks. The contract obliged them to supply warranty services (without being fully reimbursed) and after-sales services at their own risk.
- 157.Case COMP/37.886 Porsche.
- 158.Case COMP/38.064 (OJ C 49, 15.2.2001); press release IP/01/1155, 31.7.2001.
- 159.All the competition authorities that have scrutinised Covisint have also given the project the green light. After negotiations with representatives of Covisint, the US Federal Trade Commission cleared the operation on the basis of the information available, although it reserved the right to re-open the proceeding should problems arise. The German Federal Cartel Office and the Austrian authorities have likewise cleared the project, and the Japanese authorities have not raised any objections to it.
- 160.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 161.Carlsberg notice (OJ C 49, 15.2.2001).
- 162.Case C-1/01 P - order of the Court (second chamber) of 20.9.2001.
- 163.Case COMP/33.014 Asia Motor.
- 164.Case COMP/D1/37.557.
- 165.Press release IP/02/4, 3.1.2002.
- 166.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 167.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 168.OJ C 231, 11.8.2000, p. 2.
- 169.Case COMP/29.373 (OJ L 293, 10.11.2001).
- 170.Case COMP/29.373 (OJ C 226, 11.8.2001).
- 171.Cases COMP/37.363 Svenska Atomförsäkringspoolen, COMP/34.985 Pool Italiano Rischi Atomici and COMP/34.558 Aseguradores Riesgos Nucleares.
- 172.Case COMP/37.792; press release IP/01/1232, 30.8.2001.
- 173.Case COMP/37.245, which is now dealt with jointly with Case COMP/37.792 under case number COMP/37.792.
- 174.See Section I.C.3.4.
- 175.Report from the Commission to the European Council with a view to safeguarding current sports structures and maintaining the social function of sport within the Community framework (COM(1999) 644 final, 10.12.1999).
- 176.Declaration on the specific characteristics of sport and its social function in Europe, of which account should be taken in implementing common policies.
- 177.Press release IP/01/314, 6.3.2001.
- 178.Case T-41/96 Bayer v Commission, not yet reported.
- 179.Guidelines on the applicability of Article 81 of the EC Treaty to horizontal cooperation agreements (OJ C 3, 6.1.2001).
- 180.Cases C-2/01 and 3/01P. The Bundesverband Arzneimittel-Importeure has lodged a separate appeal against the CFI's judgment. The Court of Justice has joined the two appeal cases.
- 181.Case COMP/34.279; Commission decision of 10.1.1996 (OJ L 201, 9.8.1996); press release IP/96/19, 10.1.1996.
- 182.For an executive summary of the Commission's main grounds for appeal, see OJ C 79, 10.3.2001.
- 183.Case COMP/36.957; Commission decision of 8.5.2001 (OJ L 302, 17.11.2001); press release IP/01/661, 8.5.2001.
- 184.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 185.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 186.The figure for 2000 was revised after the 2000 Competition Report was published.
- 187.Case C-168/01 P.
- 188.Case COMP/36.932.
- 189.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 190.See guidelines on horizontal agreements, point 73 (OJ C 3, 6.1. 2001).
- 191.Case COMP/37.590.
- 192.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 193.COMP/M.2495 - Haniel/Fels; COMP/M.2547 - Bayer/Aventis Crop Science; and COMP/M.2568 - Haniel/Ytong.
- 194.In accordance with Article 8(3) of the merger regulation.
- 195.COMP/M.2201, 26.6.2001.
- 196.COMP/M.2498, 21.11.2001.
- 197.COMP/M.2499, 21.11.2001.
- 198.COMP/M.2533, 6.9.2001.
- 199.COMP/M.2389, 23.8.2001.
- 200.COMP/M.2220, 3.7.2001.
- 201.COMP/M.2282, 10.10.2001.
- 202.COMP/M.2380, case withdrawn.
- 203.Case COMP/M.619 Gencor/Lonrho: although Lonrho is a UK-registered company, it's main activities are located in southern Africa.
- 204.COMP/M.2283, 10.10.2001.
- 205.COMP/M.2097, 31.1.2001.
- 206.COMP/M.2187, 17.10.2001.
- 207.COMP/M.2380, case withdrawn.
- 208.COMP/M.2097, 31.1.2001 (OJ L 57, 27.2.2002).
- 209.COMP/M.2187, 17.10.2001.
- 210.COMP/M.2256, 2.3.2001.
- 211.COMP/M.1882, 19.7.2000.
- 212.COMP/M.2602, 11.12.2001.
- 213.COMP/M.1853, 7.2.2001.
- 214.COMP/M.2434, 26.9.2001.
- 215.COMP/M.2530, 20.12.2001.
- 216.COMP/M.2416, 30.10.2001.
- 217.Small significant non-transitory increase in prices.
- 218.COMP/M. 2498, 21.11.2001.
- 219.COMP/M. 2499, 21.11.2001.
- 220.Similarly reasoning was applied in another case which was cleared after an in-depth investigation, COMP/M.2201 - MAN/Auwärter, 26.6.2001, and which raised questions of collective dominance. The main impact of this case will be on the city-bus market in Germany. MAN/Auwärter and the other main player in the market for city buses in Germany, DaimlerChrysler's EvoBus, will each supply just under half of that market. Following a close examination of the case, however, the Commission concluded that there was no risk that the two companies would be able to tacitly coordinate their activities. Firstly, the Commission found that any tacit division of the market between EvoBus and MAN/Auwärter was not likely as there would be no viable coordination mechanism. Secondly, significant disparities between EvoBus and MAN/Auwärter, such as different cost structures, made it likely that the companies would compete rather than collude. The Commission therefore concluded that the German bus market sector would remain competitive even after the acquisition.
- 221.The figure for 2000 was revised after the 2000 Competition Report was published.
- 222.The figure for 2000 was revised after the 2000 Competition Report was published.
- 223.The figure for 2000 was revised after the 2000 Competition Report was published.
- 224.The figure for 2000 was revised after the 2000 Competition Report was published.
- 225.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 226.OJ C 188, 4.7.2001.
- 227.See COMP/M.2314 - BASF/Eurodiol/Pantochim, 11.7.2001.
- 228.Commission Decision 94/449/EEC in Case IV/M.308 -
- 229.Joined Cases C-68/94 and C-30/95 French Republic v Commission and SCPA v Commission
- 230.COMP/M.2283, 10.10.2001.
- 231.Commission notice on remedies acceptable under Council Regulation (EEC) No 4064/89 and under Commission Regulation (EC) No 447/98 (OJ C 68, 2.3.2001).
- 232.See Section II, paragraph 12 of the notice.
- 233.COMP/M.1915, 13.3.2001.
- 234.COMP/M.2431 - Allianz/Dresdner, 19.7.2001.
- 235.COMP/M.2602 - Gerling/NCM, 11.12.2001; COMP/JV.56 - Hutchison/ECT, 29.11.2001; COMP/M.2567 - Nordbanken/Postgirot, 8.11.2001; COMP/M.2574 - Pirelli/Edizione/Olivetti/Telecom Italia, 20.9.2001; COMP/M.2337 - Nestlé/Ralston Purina, 27.7.2001; COMP/M.2431 - Allianz/Dresdner, 19.7.2001; COMP/M.2300 - YLE/TDF/Digita/JV, 26.6.2001; COMP/M.2396 - Industri Kapital/Perstorp (II), 11.5.2001; COMP/M.2268 - Pernod Ricard/Diageo/Seagram Spirits, 8.5.2001; COMP/M.2286 - Buhrmann/Samas Office Supplies, 11.4.2001; COMP/M.2277 - Degussa/Laporte, 12.3.2001; COMP/JV.54 - Smith
- 236.COMP/M.2389 - Shell/DEA, 20.12.2001; COMP/M.2530 - Südzucker/Saint Louis, 20.12.2001; COMP/M.2533 - BP/E.ON, 20.12.2001; COMP/M.2420 - Mitsui/CVRD/Caemi, 30.10.2001; COMP/M.2434 - Grupo Villar Mir/ENBW/Hidroelectrica Del Cantabrico, 26.9.2001; COMP/JV.55 - Hutchison/RCPM/ECT, 3.7.2001; COMP/M.2139 - Bombadier/Adtranz, 3.4.2001; COMP/M.1915 - The Post Office/TPG/SPPL, 13.3.2001; COMP/M.1853 - EDF/ENBW, 7.2.2001; COMP/M.2033 - Metso/Svedala, 24.1.2001.
- 237.COMP/M.2033, 24.1.2001.
- 238.COMP/2139, 3.4.2001.
- 239.COMP/M.2201 - MAN/Auwärter, 20.6.2001; COMP/M.2314 -BASF/Pantochim/Eurodiol, 11.7.2001; COMP/M.2333 - De Beers/LVMH,25.7.2001; COMP/M.2498 - UPM-Kymmene/Haindl, 21.11.2001; and COMP/M.2499 - Norske Skog/Parenco/Walsum, 21.11.2001.
- 240.COMP/2097, 31.1.2001.
- 241.COMP/M.2187, 17.10.2001.
- 242.COMP/M.2283, 10.10.2001.
- 243.COMP/M.2416, 30.10.2001.
- 244.COMP/M.2220, 3.7.2001.
- 245.Section III.1, paragraph 13.
- 246.COMP/M.2602 - Gerling/NCM, 11.12.2001; COMP/M.2574 - Pirelli/Edizione/Olivetti/Telecom Italia, 20.9.2001; COMP/M.2300 - YLE/TDF/Digita/JV, 26.6.2001; COMP/M.2396 - Industri Kapital/Perstorp (II), 11.5.2001; COMP/M.2286 - Buhrmann/Samas Office Supplies, 11.4.2001; COMP/M.2277 - Degussa/Laporte, 12.3.2001; COMP/JV.54 - Smith
- 247.The merger agreement between these two companies was subsequently withdrawn as a result of antitrust objections to the deal in the United States.
- 248.COMP/M.2033, 24.1.2001.
- 249.COMP/M.1915, 13.3.2001.
- 250.COMP/M.2139, 3.4.2001.
- 251.Phase I - COMP/JV.56 - Hutchison/ECT, 29.11.2001; COMP/M.2567 - Nordbanken/Postgirot, 8.11.2001; COMP/M.2574 - Pirelli/Edizione/Olivetti/Telecom Italia, 20.9.2001; and COMP/M.2431 - Allianz/Dresdner, 19.7.2001. Phase II - COMP/M.2530 - Südzucker/Saint Louis, 20.12.2001; COMP/M.2533 - BP/E.ON, 20.12.2001; COMP/M.2420 - Mitsui/CVRD/Caemi, 30.10.2001; and COMP/M.1853 - EDF/ENBW, 7.2.2001.
- 252.See Section III.1, paragraph 20 of the notice.
- 253.COMP/M.1915, 13.3.2001.
- 254.See also below for a discussion of the implementation of remedies.
- 255.COMP/M.2337, 27.7.2001.
- 256.This type of provision has been seen before in previous cases, for example IV/M.1453 - AXA/GRE, 8.4.1999 and COMP/M.1813 - Industri Kapital (Nordkem)/Dyno, 12.7.2000.
- 257.Paragraphs 22 and 23.
- 258.The precise date is considered to be commercially confidential information.
- 259.COMP/M.1853, 7.2.2001.
- 260.Firstly, EdF undertook to renounce the exercise of its voting rights in CNR, an electricity producer active in France, and to withdraw its representative from the CNR board of directors; EdF will also no longer be involved in CNR's commercial policy and market conduct. This commitment will ensure that CNR is in a position to become an active competitive force in the electricity sector in France. Secondly, EnBW will divest its 24% co-controlling shareholding in WATT, which will restore the status quo ante in Switzerland.
- 261.COMP/M.2050 -
- 262.COMP/M.2389 - Shell/DEA, 20.12.2001; COMP/M.2530 - Südzucker/Saint Louis, 20.12.2001; COMP/M.2434 - Grupo Villar Mir/ENBW/Hidroelectrica Del Cantabrico, 26.9.2001; COMP/JV.55 - Hutchison/RCPM/ECT, 3.7.2001; and COMP/M.1853 - EdF/ENBW, 7.2.2001.
- 263.COMP/M.1915, 13.3.2001
- 264.As with almost every case involving a divestment, the completion of the divestment did not mark the completion of the commitments as certain parts of the commitments related to the seller's behaviour after the divestment.
- 265.COMP/M.2033, 24.1.2001.
- 266.COMP/M.1751, 29.3.2000.
- 267.COMP/M.1671, 3.5.2000.
- 268.See COMP/M.2350 - Campbell/ECBB (Unilever), 2.4.2001.
- 269.COMP/M.1628, 9.2.2000.
- 270.Case T-342/00 Petrolessence and Société de Gestion de Restauration Routière v Commission.
- 271.COMP/M.1628, 9.2.2000.
- 272.See COMP/M.2375 - PAI
- 273.COMP/M.1684, 25.1.2000.
- 274.COMP/M.2033, 24.1.2001.
- 275.COMP/M.2533, 6.9.2001.
- 276.COMP/M.2389, 23.8.2001.
- 277.COMP/M.2446, 20.7.2001.
- 278.COMP/M.2044, 22.8.2000.
- 279.COMP/M.2216, 19.1.2001.
- 280.The appeal was made to the Tribunale Amministrativo Regionale del Lazio - TAR.
- 281.See the box in this chapter for a discussion of this case, COMP/M.2220 - General Electric/Honeywell, 3.7.2001.
- 282.COM(2001) 403.
- 283.OJ L 10, 13.1.2001; 2000 Competition Report, points 293-295.
- 284.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 285.OJ C 368, 22.12.2001.
- 286.OJ C 235, 21.8.2001.
- 287.Case C 56/2000, Commission decision of 6.6.2001 (OJ L 263, 3.10.2001).
- 288.Case N 448/2000, Commission decision of 25.7.2001 (OJ C 318, 13.11.2001).
- 289.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 290.Case N 630/01, Commission decision of 11.12.2001 (OJ C 32, 5.2.2002).
- 291.Case N 722/2000, Commission decision of 20.12.2001, not yet published.
- 292.Cf. paragraph II.3 of the communication: 'Nothing in this document should be taken to call into question the compatibility of state aid measures which meet the criteria of any other guidelines, frameworks or regulations adopted by the Commission.'
- 293.For the definition of initial investment, see for example point 4.4. of the guidelines on national regional aid (OJ C 74, 10.3.1998).
- 294.Case N 465/2000, Commission decision of 3.7.2001 (OJ C 328, 23.11.2001).
- 295.Case NN 94/2000, Commission decision of 23.5.2001 (OJ C 219, 4.8.2001).
- 296.Case N 551/2000, Commission decision of 28.2.2001 (OJ C 117, 21.4.2001).
- 297.OJ C 384, 10.12.1998.
- 298.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 299.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 300.The figure for 2000 was revised after the 2000 Competition Report was published.
- 301.OJ L 84, 23.3.2001.
- 302.Available in all languages on the DG COMP pages of the Europa website.
- 303.See Part Two.
- 304.OJ C 320, 15.11.2001.
- 305.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 306.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 307.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 308.Case N 550/2000, Commission decision of 25.7.2001 (OJ C 330, 24.11.2001).
- 309.For the same line of reasoning, see Cases N 678/2001, Commission decision of 28.11.2001, not yet published, and Case N 504/2000, Commission decision of 28.11.2001, not yet published.
- 310.See also Case NN 30/B/2000, Commission decision of 28.11.2001, not yet published.
- 311.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 312.See the Commission paper on the application of Articles 92 and 93 to public authorities' holdings, Bulletin EC 9-1984, also available on the DG COMP pages of the Europa website.
- 313.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 314.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 315.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 316.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 317.Case N 674/2001, Commission decision of 13.11.2001, not yet published.
- 318.Case N 232/2001, Commission decision of 3.7.2001 (OJ C 268, 22.9.2001).
- 319.Case C 18/2001 (ex N 123/2000), Commission decision of 28.3.2001 (OJ C 185, 30.6.2001).
- 320.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 321.Case NN 137/2001, Commission decision of 11.12.2001, not yet published.
- 322.Judgment of 4.4.2001 in Case T-288/97, not yet reported.
- 323.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 324.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 325.Case N 32/2000, Commission decision of 11.4.2001 (OJ C 199, 14.7.2001).
- 326.Case N 430/2001, Commission decision of 30.10.2001, not yet published, Case N 433/2001, Commission decision of 30.10.2001, not yet published, Case N 801/2000, Commission decision of 18.7.2001 (OJ C 333, 28.11.2001). In the first two decisions, the Commission expressly stated that the aided projects could also have been allowed on the basis of Article 87(3)(b) of the EC Treaty, since they could be considered important projects of common European interest within the meaning of that provision.
- 327.Case N 236/2001, Commission decision of 25.7.2001 (OJ C 268, 22.9.2001).
- 328.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 329.Case N 357/1996 (OJ C 67, 4.3.1997), as amended in Case N 142/1999 (OJ C 151, 29.5.1999).
- 330.Case N 246/2001, Commission decision of 19.9.2001, not yet published.
- 331.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 332.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 333.OJ C 37, 3.2.2001.
- 334.Case C 18/2001 (ex N 123/2000), Commission decision of 28.3.2001 (OJ C 185, 30.6.2001).
- 335.Case NN30/B/2000, Commission decision of 28.11.2001, not yet published.
- 336.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 337.On this point, see also Case N 840/A/2000, Commission decision of 6.6.2001 and its corrigendum, Commission decision of 17.10.2001 ( OJ C 358, 15.12.2001).
- 338.Case N 660/A/2000, Commission decision of 18.7.2001 (OJ C 263, 19.9.2001).
- 339.Case N 550/2000, Commission decision of 25.7.2001 (OJ C 330, 24.11.2001).
- 340.Case N 504/2000, Commission decision of 28.11.2001, not yet published.
- 341.Case N 416/2001, Commission decision of 28.11.2001, not yet published.
- 342.Cases E 4/2001 (ex N 297/01, ex N 81/93), E 5/2001 (ex N 591/90), E 6/2001 (ex N 77/90), E 7/2001 (ex N 18/93), E 8/2001, E 9/2001 (ex N 512/91), E 10/2001 (ex N 594/91), E 11/2001 (ex N 627/91), E 12/2001 (ex N 255/90), E 13/2001 (ex N 155/88), E 14/2001 (ex N 442/91), E 15/2001 (ex N 24/95), E 16/2001 (ex N 73/93), E 17/2001 (ex N 413/91), E 18/2001 (ex NN 81/90), E 20/2001 (ex N 18/83), E 21/2001 (ex N 81/95, ex N 851/96), E 22/2001 (ex N 901/96), E 23/2001 (ex N 181/95, ex N 79/98), E 24/2001 (ex N 400/94, ex N 997/95), E 25/2001 (ex N 219/96), E 26/2001 (ex N 75/95, ex N 420/97, ex NN 106/97), E 27/2001 (ex N 599/96), E 28/2001 (ex N 181/97, ex N 117/95, ex N 767/95), E 29/2001 (ex N 711/95, ex N 618/96), E 30/2001 (ex N 629/96), E 31/2001 (ex N 337/96), E 32/2001 (ex N 452/97), E 33/2001 (ex NN 74/95, ex N 370/97), E 34/2001 (ex N 183/94).
- 343.Case C 72/98 (ex N702/97), N 671/99, E5/98, Commission decision of 28.2.2001, not yet published.
- 344.Case N 715/2000, Commission decision of 21.12.2000, letter to the Member State dated 7.2.2001 (OJ C 244, 1.9.2001).
- 345.Case N 731/2000, Commission decision of 25.4.2001 (OJ C 211, 28.7.2001).
- 346.Case N 646/A/2000, Commission decision of 13.3.2001 (OJ C 149, 19.5.2001).
- 347.Cases C 48/1999, C 53/1999 and C 54/1999, see below.
- 348.Case C 48/1999, Commission decision of 11.7.2001, not yet published, Case C 49/1999, Commission decision of 11.7.2001, not yet published, Case C 50/1999, Commission decision of 11.7.2001, not yet published, Case C 51/1999, Commission decision of 11.7.2001, not yet published, Case C 52/1999, Commission decision of 11.7.2001, not yet published, Case C 53/1999, Commission decision of 11.7.2001, not yet published, Case C 54/1999, Commission decision of 11.7.2001, not yet published.
- 349.Cases C 48/1999, C 53/1999, C 54/1999, see above.
- 350.Cases C 48/1999, C 53/1999, C 54/1999, see above.
- 351.Cases C 49/1999, C 50/1999, C 51/1999, C 52/1999, see above.
- 352.Cases N 272/98, NN 132/93, N 307/96, NN 61/93, NN 88/93, N 26/98, N 487/95, N 747/97, N 659/a/97, N 288/96 and C 27/89.
- 353.Cases N 711/95 and N 618/96.
- 354.OJ C 107, 7.4.1997.
- 355.The ceiling for regional aid in the assisted area concerned is 35% gross for large companies.
- 356.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 357.OJ L 202, 18.7.1998.
- 358.Council Regulation (EC) No 3286/94 (OJ L 349, 31.12.1994).
- 359.COM (2001) 401 final; OJ C 304 E, 30.10.2001.
- 360.Case C 74/99.
- 361.Case C 40/00, decision of 28.11.2001.
- 362.OJ L 329, 30.12.1993.
- 363.COM (2001) 423 final; OJ C 304 E, 30.10.2001.
- 364.Case N1/2001, Commission decision of 21.12.2000 (OJ L 127, 9.5.2001).
- 365.Case N3/2001, Commission decision of 23.5.2001 (OJ L 239, 7.9.2001).
- 366.Case N2/2001, Commission decision of 11.12.2001, not yet published.
- 367.Case N4/2001, Commission decision of 8.5.2001 (OJ L 241, 11.9.2001), Case N6/2001, Commission decision of 25.7.2001 (OJ L 305, 22.11.2001), and Cases N7/2001 and N8/2001, Commission decision of 17.10.2001, not yet published.
- 368.Case C 51/2000.
- 369.Commission decision of 13.2.2001.
- 370.Commission decision of 19.9.2001 (OJ C 333, 28.11.2001).
- 371.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 372.Case C 14/2001, OJ C 117 (21.4.2001).
- 373.Case C 78/98, OJ C 62, 4.3.1999.
- 374.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 375.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 376.Cases C 27/93 and C 81/98 (OJ L 312, 29.11.2001).
- 377.Case N 649/2001.
- 378.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 379.Case T-128/98 ECR II-3929.
- 380.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 381.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 382.COM (2001) 370.
- 383.Council Regulation (EC) No 718/99 on a Community-fleet capacity policy to promote inland waterway transport (OJ L 90, 2.4.1999).
- 384.Case N 299/01, decision of 2.10.2001 (OJ C 342, 5.12.2001).
- 385.Case N 597/2000, decision of 31.1.2001(OJ C 102, 31.3.2001).
- 386.Case N 550/2001, Commission decision of 11.12.2001, not yet published.
- 387.Application of Articles 92 and 93 of the EC Treaty and Article 61 of the EEA Agreement to state aid in the aviation sector (OJ C 350, 10.12.1994).
- 388.Commission communication of 10 October 2001 on the repercussions of the terrorist attacks in the United States on the air transport industry - COM(2001) 574 final.
- 389.Commission communication of 10 October 2001 on the repercussions of the terrorist attacks in the United States on the air transport industry, as adapted by the Council's ad hoc group.
- 390.Case NN 90/2001.
- 391.Cases NN 140/2001 and NN 144/2001.
- 392.Cases NN 139/2001 and NN 141/2001 (OJ C 24, 26.1.2002).
- 393.Cases NN 153/2001 (Austria), NN 157/2001 (France), NN 146 and 161/2001 (Denmark), NN 143/2001 (Spain) and NN 162/2001 (Germany).
- 394.OJ L 249, 19.9.2001.
- 395.OJ C 343, 11.11.1998.
- 396.OJ L 271, 12.10.2001.
- 397.C (2001) 3137 final, not yet published.
- 398.This decision has not yet been published in the Official Journal, but can be found on the DG COMP website under the number E 45/2000. See also IP/01/934.
- 399.This decision has not yet been published in the Official Journal, but can be found on the DG COMP website under the number N 58/2000.
- 400.This decision is not yet on the DG COMP website.
- 401.OJ C 252, 12.9.2001.
- 402.The figure for 2000 was revised after the 2000 Competition Report was published.
- 403.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 404.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 405.OJ C 19, 20.1.2001.
- 406.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 407.Case T- 46/97
- 408.Case N 429/2001, Commission decision of 17.10.2001, not yet published. The Commission had already approved an aid scheme for emergency planning to deal with natural catastrophes in Valle d'Aoste on 29.11.2000 (N 433/2000). This latter scheme provides the reference framework for the scheme dealing with the effects of the torrential rain.
- 409.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 410.Case T-73/98, Société chimique Prayon-Rupel v Commission
- 411.Judgment of the Court of 3 May 2001 in Case C-204/97 Portugal v Commission, not yet reported.
- 412.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 413.For a detailed description of the Commission's proposal, see Section I.A.3. of the 2000 Competition Report, SEC(2001) 694. For more details of the 1999 White Paper on Modernisation, see Section I.A.2. of the 1999 Competition Report, SEC(2000) 720.
- 414.OJ C 155, 29.5.2001.
- 415.Judgment of the Court of First Instance of 4 April 2001 in Case T-288/97 Regione autonoma Friuli Venezia Giulia v Commission, not yet reported.
- 416.Judgment of the Court of First Instance of 15 June 2000 in Joined Cases T-298/97 ... T-23/98 Alzetta and others v Commission,
- 417.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 418.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 419.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 420.Judgment of the Court of 9 October 2001 in Case C-400/99 Italy v Commission, not yet reported.
- 421.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 422.The figure for 2000 was revised after the 2000 Competition Report was published.
- 423.Commission decision of 20.7.1999 (OJ L 42, 15.2.2000).
- 424.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 425.Commission Decision 1999/378/EC of 4 November 1998 (OJ L 145, 10.6.1999).
- 426.C-17/99.
- 427.C-261/99.
- 428.Judgment of the Court of 22 March 2001 in Case C-17/99 France v Commission, not yet reported.
- 429.Judgment of the Court of 22 March 2001 in Case C-261/99 Commission v France, not yet reported.
- 430.Judgment of the Court of 3 July 2001 in Case C-378/98 Commission v Belgium, not yet reported.
- 431.Case C- 280/95, Commission v Italy
- 432.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 433.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 434.OJ C 281, 26.9.1996.
- 435.COM(2000) 580 final, 20.9.2000, also published in OJ C 17, 19.1.2001. See also 2000 Competition Report, Box 3, after point I.C.2.7.
- 436.COM(2001) 598, 17.10.2001.
- 437.Case C-53/00.
- 438.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 439.Directives 92/50, 93/77, 93/36 and 93/38.
- 440.Judgment of 7.12.2000 in Case C-324/98 Telaustria.
- 441.Such as Case COMP/D-3/38213 Ryanair/ENAV and Italy, on the basis that ENAV (the entity in charge of air traffic control in Italy) did not exercise an economic activity.
- 442.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 443.Similarly, in the Commission decision of 23.10.2001 in La Poste (France)/SNELPD (COMP/C1/37133), Articles 86(1), 3(1)(g), 10(2), 81 and 82 could be fully applied against a Member State because terminating the anticompetitive situation created by that Member State in the context of an undertaking entrusted with services of general economic interest would not obstruct the performance of the particular tasks assigned to that undertaking.
- 444.For cases Deutsche Post AG I, Deutsche Post AG II and De Post/La Poste (Belgium), see Section I.C.2.2.
- 445.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 446.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 447.Case C-340/99 TNT Traco, paragraphs 51-63.
- 448.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 449.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 450.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 451.In addition, the Court held that in these circumstances the incumbent, when supplying a service not forming part of the universal service, had also to be required to make a financial contribution to the universal service. Lastly, it ruled that the incumbent also had to ensure that its express mail activity outside the universal service was not subsidised by the universal service, thereby improperly increasing the potential losses of that service.
- 452.Case C-475/99 Ambulanz Glöckner.
- 453.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 454.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 455.COM(2001) 125 final, 13.3.2001. For details see point 88.
- 456.Decision 1/96 of the EU-Czech Association Council of 30 January 1996 (OJ L 31, 9.2.1996).
- 457.Decision 1/96 of the EU-Poland Association Council of 16 July 1996 (OJ L 208, 17.8.1996).
- 458.Decision 1/96 of the EU-Slovak Association Council of 15 August 1996 (OJ L 295, 20.11.1996).
- 459.Decision 2/96 of the EU-Hungary Association Council of 6 November 1996 (OJ L 295, 20.11.1996).
- 460.Decision 2/97 of the EU-Bulgaria Association Council of 7 October 1997 (OJ L 15, 21.1.1998).
- 461.Decision 1/99 of the EU-Romania Association Council of 16 March 1999 (OJ L 96, 10.4.1999).
- 462.Decision 1/99 of the EU-Estonia Association Council of 28 April 1999 (OJ L 144, 9.6.1999).
- 463.Decision 4/99 of the EU-Lithuania Association Council of 26 May 1999 (OJ L 156, 23.6.1999).
- 464.Decision 4/2000 of the EU-Slovenia Association Council of 21 December 2000 (OJ L 130, 12.5.2001).
- 465.Decision 5/2001 of the EU-Latvia Association Council of 25 April 2001 (OJ L 183, 6.7.2001).
- 466.Decision 1/98 of the EU-Czech Association Council of 24 June 1998 (OJ L 195, 11.7.1998).
- 467.Decision 2/2001 of the EU-Lithuania Association Council of 22 February 2001 (OJ 98, 7.4.2001).
- 468.Decision 4/2001 of the EU-Latvia Association Council of 20 March 2001 (OJ L 163, 20.6.2001).
- 469.Decision 4/2001 of the EU-Romania Association Council of 10 April 2001 (OJ 138, 22.5.2001).
- 470.Decision 2/2001 of the EU-Slovenia Association Council of 3 May 2001 (OJ 163, 20.6.2001).
- 471.Decision 3/2001 of the EU-Poland Association Council of 23 May 2001 (OJ L 215, 9.8.2001).
- 472.Decision 2/2001 of the EU-Bulgaria Association Council of 23 May 2001 (OJ L 216, 10.8.2001).
- 473.Decision 6/2001 of the EU-Slovakia Association Council of 22 November 2001 (not yet published).
- 474.Decision 1/2000 of the EU-Bulgaria Association Council of 28 February 2000 (OJ L 144, 17.6.2000).
- 475.Decision 2/2000 of the EU-Romania Association Council of 17 July 2000 (OJ L 230, 12.9.2000).
- 476.Decision 2/2000 of the EU-Lithuania Association Council of 24 July 2000 (OJ L 199, 5.10.2000).
- 477.Decision 3/2000 of the EU-Estonia Association Council of 1 December 2000 (OJ L 21, 23.1.2001).
- 478.Decision 3/2001 of the EU-Czech Association Council of 8 March 2001 (OJ L 100, 11.4.2001).
- 479.Decision 3/2001 of the EU-Latvia Association Council of 20 March 2001 (OJ L 156, 13.6.2001).
- 480.Decision 2/2001 of the EU-Poland Association Council of 7 May 2001 (OJ L 215, 9.8.2001).
- 481.Decision 3/2001 of the EU-Slovakia Association Council of 18 May 2001 (OJ L 217, 11.8.2001).
- 482.Decision 4/2001 of the EU-Slovenia Association Council of 25 July 2001 (not yet published).
- 483.In 2001, two Stabilisation and Association Agreements were signed. The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, was signed on 9 April in Luxembourg. The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, was signed on 29 October in Luxembourg.
- 484.Agreement between the European Communities and the Government of the United States of America regarding the application of their competition laws (OJ L 95, 27.4.1995, as corrected by OJ L 131, 15.6.1995).
- 485.Agreement between the European Communities and the Government of the United States of America on the application of positive comity principles in the enforcement of their competition laws (OJ L 173, 18.6.1998).
- 486.COM(2002) 45, 29.1.2002.
- 487.For GE/Honeywell, see point 326 and Box 9; for Metso/Svedala, see points 307 and 316; for CVC/Lenzing, see point 256.
- 488.Agreement between the European Communities and the Government of Canada regarding the application of their competition laws (OJ L 175, 10.7.1999).
- 489.COM(2002) 45, 29.1.2002.
- 490.OJ L 70, 18.3.2000, Articles 36 to 41.
- 491.OJ L 97. 30.3.1997, Articles 36 to 41.
- 492.OJ L 147, 21.6.2000, Articles 36 to 38.
- 493.Articles 53 to 58, COM(1997) 554 final.
- 494.Articles 35 to 39, COM(2001) 184 final.
- 495.OJ L 187, 16.7.1997, Articles 33 to 34.
- 496.OJ L 245, 29.9.2000 and OJ L 157, 30.6.2000.
- 497.OJ L 276, 28.10.2000.
- 498.Also known as the 'Doha Development Agenda', because of the central position that the development dimension will occupy in future WTO work.
- 499.
- 500.Report by a group of independent experts chaired by Karel Van Miert and entitled 'Competition Policy in the New Trade Order: Strengthening International Cooperation and Rules'.
- 501.Commission communication of 18.6.1996, COM(96) 284 final.
- 502.1996 Competition Report, points 235-236.
- 503.International Competition Policy Advisory Committee.
- 504.Two in 2000 (Price differentials between Member States, and Link between sales and after-sales service) and two in 2001 (Impact of possible future legislative scenarios for motor vehicle distribution on all parties concerned, and Customer preferences for existing and potential sales and servicing alternatives in automotive distribution).
- 505.Balli/Klockner - COMP/ECSC.1359, 1.10.2001 and COMP/M.2481, 31.9.2001; BHP/Billiton - COMP/ECSC.1356, 14.6.2001 and COMP/M.2413, 14.6.2001; Endesa/CDF/SNET - COMP/ECSC.1352, 18.4.2001 and COMP/M.2281, 17.4.2001; Usinor/Arbed/Aceralia - COMP/ECSC.1351, 23.11.2001 and COMP/M.2382, 19.7.2001.
- 506.COM(2001) 598, 17.10.2001.
- 507.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 508.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 509.Decision 4/2000 of the EU-Slovenia Association Council of 21 December 2000 (OJ L 130, 12.5.2001).
- 510.Case N 550/2000, Commission decision of 25.7.2001 (OJ C 330, 24.11.2001).
- 511.The figure for 2000 was revised after the 2000 Competition Report was published.
- 512.COM(2000) 582 (OJ C 365 E, 19.12.2000).
- 513.The figure for 2000 was revised after the 2000 Competition Report was published.
- 514.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 515.The figure for 2000 was revised after the 2000 Competition Report was published.
- 516.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 517.The figure for 2000 was revised after the 2000 Competition Report was published.
- 518.For a detailed description of the Commission's proposal, see Section I.A.3. of the 2000 Competition Report, SEC(2001) 694. For more details of the 1999 White Paper on Modernisation, see Section I.A.2. of the 1999 Competition Report, SEC(2000) 720.
- 519.OJ C 155, 29.5.2001.
- 520.The report of the Committee on Economic and Monetary Affairs and the opinions of the Committee on Industry, External Trade, Research and Energy and the Committee on Legal Affairs and the Internal Market (A5-0229/2001) have not yet been published in the Official Journal, but can be found on -->
- 521.The European Parliament legislative resolution (R5-0444/2001) has not yet been published in the Official Journal, but can be found on -->
- 522.Draft Commission notice on immunity from fines and reduction of fines in cartel cases (OJ C 205, 21.7.2001).
- 523.Commission evaluation report on the transfer of technology block exemption Regulation No 240/96, COM(2001) 786 final, 20.12.2001. The report is also available on the Internet at the following address: europa.eu.int/comm/competition/antitrust
- 524.Commission Regulation (EC) No 240/96 on the application of Article 81(3) of the Treaty to certain categories of technology transfer agreements (OJ L 31, 9.12.1996).
- 525.Commission Regulation (EC) No 2790/1999 (OJ L 336, 29.12.1999).
- 526.Commission Regulations (EC) Nos 2658/2000 and 2659/2000 (OJ L 304, 5.12.2000).
- 527.The figure for 2000 was revised after the 2000 Competition Report was published.
- 528.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 529.OJ C 368, 22.12.2001. The new notice is also available on the Internet at the following address: europa.eu.int/comm/competition/antitrust:
- 530.OJ C 372, 9.12.1997.
- 531.This does not imply that agreements between companies that exceed the thresholds set out in the notice do appreciably restrict competition. Such agreements may still have only a negligible effect on competition in the common market, but this can be assessed only on a case-by-case basis. Such assessment is relevant in particular for agreements that are not covered by any of the Commission block exemption regulations.
- 532.OJ L 336, 29.12.1999.
- 533.OJ L 304, 5.12.2000.
- 534.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 535.Decision of 23.5. 2001 on the terms of reference of hearing officers in certain competition proceedings (OJ L 162, 19.6.2001).
- 536.Decision of 12.12.1994 on the terms of reference of hearing officers in competition procedures before the Commission (OJ L 330, 21.12.1994).
- 537.Cases T-219/01 R Commerzbank AG, T-216/01 R Reisebank AG and T-213/01 R Österreichische Postsparkasse AG.
- 538.See 1.1.2 below.
- 539.Press releases MEMO/01/149, 24.4.2001 and IP/01/830, 13.6.2001.
- 540.OJ C 207, 18.7.1996.
- 541.OJ L 100, 1.4.1998.
- 542.OJ L 76, 22.3.1999.
- 543.OJ L 24, 30.1.1999.
- 544.OJ L 109, 27.4.1999.
- 545.Not published.
- 546.OJ L 152, 7.6.2001.
- 547.Cases COMP/D2/37.444 and COMP/D2/37.386 (OJ L 265, 5.10.2001).
- 548.Case COMP/36.490; press release IP/01/1010, 18.7.2001.
- 549.Case COMP/36.756; press release IP/01/1355, 20.10.2001.
- 550.Case COMP/37.512; press release IP/01/1625, 21.11.2001.
- 551.Case COMP/37.614; press release IP/01/1739, 5.12.2001.
- 552.Case COMP/37.800; press release IP/01/1740, 5.12.2001.
- 553.Case COMP/36.604; press release IP/01/1743, 5.12.2001.
- 554.Case COMP/37.919; press release IP/01/1796, 11.12.2001.
- 555.Case COMP/37.027; press release IP/01/1797, 11.12.2001.
- 556.Case COMP/36.212; press release IP/01/1892, 20.12.2001.
- 557.OJ C 205, 21.7.2001.
- 558.Case COMP/36.490; press release IP/01/1010, 18.7.2001.
- 559.Cases COMP/D2/37.444 and COMP/D2/37.386 (OJ L 265, 5.10.2001).
- 560.SAS lodged an appeal against the decision before the Court of First Instance on 3 October (Case T-241/01), contesting the amount of the fine.
- 561.Case COMP/36.756; press release IP/01/1355, 20.10.2001.
- 562.Case COMP/37.512; press release IP/01/1625, 21.11.2001.
- 563.Council Regulation (EEC) No 2988/74 of 26 November 1974 concerning limitation periods in proceedings and the enforcement of sanctions under the rules of the European Economic Community relating to transport and competition.
- 564.Case COMP/36.604; press release IP/01/1743, 5.12.2001.
- 565.Case COMP/37.614; press release IP/01/1739, 5.12.2001.
- 566.Commission decision of 23.7.1984 (Flat glass) and Commission decision of 15.5.1974 (Flat glass).
- 567.Case COMP/37.800; press release IP/01/1740, 5.12.2001.
- 568.Case COMP/37.027; press release IP/01/1797, 11.12.2001.
- 569.Case COMP/37.919; press release IP/01/1796, 11.12.2001.
- 570.Press release IP/01/1159, 31.7.2001.
- 571.Case COMP/36.212; press release IP/01/1892, 20.12.2001.
- 572.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 573.For a comprehensive description of the decision, see 1998 Competition Report, pp. 138-140.
- 574.Joined Cases T-202/98, T-204/98 and T-207/98
- 575.OJ C 207, 18.7.1996.
- 576.See Article 229 of the EC Treaty and Article 17 of Regulation No 17/62.
- 577.Case C-359/01 P.
- 578.Case COMP/C1/35.141.
- 579.Case COMP/C1/36.915.
- 580.Case COMP/34.493; press release IP/01/584, 20.4.2001.
- 581.Case COMP/D3/34.493, decision of 20.4.2001 (OJ L 166, 26.6.2001); decision of 17.9.2001 (OJ L 319, 4.12.2001).
- 582.Case COMP/D3/34.950, decision of 15.6.2001 (OJ L 233, 31.8.2001).
- 583.Case COMP/D3/38.051.
- 584.Cases COMP/D3/35.656 and COMP/D3/37.224.
- 585.Case COMP/D3/35.658.
- 586.Case COMP/D3/35.669.
- 587.Case COMP/36.041; press release IP/01/873, 20.6.2001.
- 588.Case COMP/38.044 IMS Health/NDC, decision of 3.7.2001 (OJ L 59, 28.2.2002).
- 589.Case T-184/01 R. The President found that the abusive nature of IMS's conduct could not be considered unambiguous under current competition rules, that there was a risk that IMS would suffer serious and irreparable harm if it were forced to grant a licence to its competitors, and that the balance of interests in this case favoured suspension of the decision.
- 590.Case COMP/C1/37.859 (OJ L 61, 2.3.2002).
- 591.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 592.Case COMP/C1/37.133.
- 593.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 594.The acquisition of a majority shareholding in Ruhrgas by EON is being dealt with by the German Federal Cartel Office.
- 595.Commission staff working paper: First report on the implementation of the internal electricity and gas market (SEC(2001) 1957, 3.12.2001).
- 596.COM(2001) 125 final, 13.3.2001.
- 597.Press release IP/01/872, 20.6.2001.
- 598.The figure for 2000 was revised after the 2000 Competition Report was published.
- 599.Cf. notice pursuant to Article 19(3) of Council Regulation No 17 in Case COMP/E3/37.921 Viking Cable (OJ C 247, 5.9.2001); the notifying parties have since decided to discontinue the Viking Cable project.
- 600.Press release IP/01/1641 - Commission settles Marathon case with Thyssengas.
- 601.Press release IP/01/578 - Enterprise Oil, Statoil and Marathon to market Irish Corrib gas separately.
- 602.Press release IP/01/830 - Commission objects to GFU joint gas sales in Norway.
- 603.European Parliament and Council Directive 96/92/EC of 19 December 1996 concerning common rules for the internal market in electricity (OJ L 27, 30.1.1997).
- 604.See 2000 Competition Report, points 119-221. See also press releases MEMO/00/55, 20.9.2000, IP/00/1090, 29.9.2000 and IP/00/1391, 30.11.2000.
- 605.In particular, as of 2003 the non-reserved area will include letters weighing more than 100g; this weight limit will not apply if the price is equal to or more than three times the public tariff for an item of correspondence in the first weight step of the fastest category. As of 2006 the non-reserved area will include letters weighing more than 50g; this weight limit will not apply if the price is equal to or more than three times the public tariff for an item of correspondence in the first weight step of the fastest category.
- 606.In 2006, the Commission will carry out a study evaluating, for each Member State, the impact on universal service of the completion of the internal postal market in 2009. On the basis of this study the Commission will submit a report to Parliament and the Council accompanied by a proposal confirming, if appropriate, the date of 2009 for the full completion of the internal postal market or determining any other step in the light of the study's conclusions.
- 607.A definition of special services was included in the Commission's original proposal. Although most of the national delegations agreed on the need to define special services in the new directive, a compromise could not be reached in the Council on a specific definition.
- 608.Case COMP/35.141 (OJ L 125, 5.5.2001).
- 609.Case COMP/36.915 (OJ L 331, 15.12.2001).
- 610.Press release IP/01/1068, 25.7.2001.
- 611.Case COMP/37.859 (OJ L 61, 2.3.2002); press release IP/01/1738, 5.12.2001.
- 612.COM(2001) 175 final, 28.3.2001.
- 613.The figure for 2000 was revised after the 2000 Competition Report was published.
- 614.Case C-429/99.
- 615.Joined Cases C-396/99 and C-397/99.
- 616.Case C-146/00.
- 617.Case C-500/01.
- 618.Regulation (EC) No 2887/2000 of the European Parliament and of the Council of 18 December 2000 (OJ L 334, 31.12.2000).
- 619.'Unbundling' the local loop (or the 'last mile', i.e. the physical circuit between the customer's premises and the telecommunications operator's local switch) amounts to mandatory access on the incumbent's local network to alternative carriers in order to introduce competition in this segment of the telecom networks, which are mainly in the hands of former monopolies. Nationwide duplication of these networks is normally impossible.
- 620.Cases COMP/38.001 Leased lines Spain, COMP/38.002 Leased lines Portugal, COMP/38.003 Leased lines Italy, COMP/38.004 Leased lines Greece and COMP/38.005 Leased lines Belgium.
- 621.Roaming occurs when a mobile phone user makes or receives calls when visiting a network other than his home network.
- 622.Press release MEMO/01/262, 11.7.2001.
- 623.Case COMP/37.462 (OJ L 249, 19.9.2001).
- 624.Press release IP/98/923, 22.8.1998.
- 625.Press release IP/00/1360, 27.11.2000.
- 626.Press release IP/01/1899, 21.12.2001.
- 627.Case COMP/37.812, public notice of 14.3.2001 (OJ C 83, 14.3.2001).
- 628.The figure for 2000 was revised after the 2000 Competition Report was published.
- 629.The figure for 2000 was revised after the 2000 Competition Report was published.
- 630.OJ C 356, 14.12.2001.
- 631.Commission decision of 18.7.2001 in Case COMP/37.444 SAS/Maersk Air (OJ L 265, 5.10.2001).
- 632.OJ L 155, 26.6.1993.
- 633.Interlining occurs when cargo is carried for part or all of the journey by an airline other than the airline the customer has contracted with.
- 634.Case COMP/36.563.
- 635.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 636.The figure for 2000 was revised after the 2000 Competition Report was published.
- 637.Commission decision of 19.10.1994 in Case No IV/34.446 Trans-Atlantic Agreement (OJ L 376, 31.12.1994).
- 638.Commission decision of 30.4.1999 in Case No IV/34.250 Europe-Asia Trades Agreement (OJ L 193, 26.7.1999).
- 639.Case COMP/37.982 Grand Alliance/Americana Consortium and Case COMP/38.021 Europe to Caribbean Consortium.
- 640.Directive 2001/12/EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 91/440/EEC on the development of the Community's railways.
- 641.Case COMP/37.685.
- 642.Press release IP/01/1415, 5.10.2001.
- 643.COM(2001) 370 final, 12.9.2001.
- 644.OJ L 171, 26.6.2001.
- 645.Press release IP/01/1523, 30.10.2001.
- 646.The figure for 2000 was revised after the 2000 Competition Report was published.
- 647.Commission Regulation (EC) No 1475/95 of 28 June 1995 on the application of Article 85(3) (now 81(3) of the Treaty to certain categories of motor vehicle distribution and servicing agreements (OJ L 145, 29.6.1995).
- 648.Report on the evaluation of Regulation (EC) No 1475/95 on the application of Article 85(3) (now 81(3)) of the Treaty to certain categories of motor vehicle distribution and servicing agreements (COM(2000) 743 final, 15.11.2000); see also 2000 Competition Report, points 112-115.
- 649.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 650.The study's terms of reference may be consulted on the Competition Directorate-General's Internet site: europa.eu.int/comm/competition/car_sector The study was entrusted to the firm of consultants Andersen following a call for tenders. It may be consulted at the above-mentioned Internet address.
- 651.'Customer Preferences for existing and potential Sales and Servicing Alternatives in Automotive Distribution', Dr Lademann
- 652.These two studies may be consulted on the Competition Directorate-General's Internet site: europa.eu.int/comm/competition/car_sector/. 'The Natural Link between Sales and Service' (Autopolis), 'Car Price Differentials in the European Union: An Economic Analysis' (Hans Degryse and Frank Verboven - KU Leuven and CEPR). See also 2000 Competition Report, point 113.
- 653.Of these sources, mention may be made of a study commissioned by the European Automobile Manufacturers' Association (EAMA), also dealing with the economic effects of alternative distribution systems.
- 654.The comparison is required by Article 11 of the exemption regulation.
- 655.See Commission press releases IP/01/227, 12.9.2001 and IP/01/1051, 23.7.2001.
- 656.Commission notice concerning Regulation (EEC) No 123/85 of 12 December 1984 on the application of Article 85(3) (now 81(3)) of the Treaty to certain categories of motor vehicle distribution and servicing agreements, Chapter II.1 (OJ C 17, 18.1.1985).
- 657.The differential may, however, exceed 12% by six percentage points for a period of less than one year or in respect of an insignificant portion of the vehicles.
- 658.See Article 8 and the 31st recital of the regulation.
- 659.Case COMP/36.693 Volkswagen, Commission decision of 29.6.2001 (OJ L 262, 2.10.2001).
- 660.Case COMP/36.264 DaimlerChrysler; press release IP/01/1394, 10.10.2001.
- 661.According to the guidelines on vertical restraints (OJ C 291, 13.10.2000), the only relevant criterion for determining whether Article 81(1) applies to the activity of commercial agents is whether or not the agent has to bear a risk linked to the sale of goods or services he is involved in. In this case, rebates granted by agents were taken off their commission and agents bore responsibilities with regard to transport; they also bought demonstration vehicles - a significant proportion of the total number of cars sold - and financed spare part stocks. The contract obliged them to supply warranty services (without being fully reimbursed) and after-sales services at their own risk.
- 662.Case COMP/37.886 Porsche.
- 663.Case COMP/38.064 (OJ C 49, 15.2.2001); press release IP/01/1155, 31.7.2001.
- 664.All the competition authorities that have scrutinised Covisint have also given the project the green light. After negotiations with representatives of Covisint, the US Federal Trade Commission cleared the operation on the basis of the information available, although it reserved the right to re-open the proceeding should problems arise. The German Federal Cartel Office and the Austrian authorities have likewise cleared the project, and the Japanese authorities have not raised any objections to it.
- 665.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 666.Carlsberg notice (OJ C 49, 15.2.2001).
- 667.Case C-1/01 P - order of the Court (second chamber) of 20.9.2001.
- 668.Case COMP/33.014 Asia Motor.
- 669.Case COMP/D1/37.557.
- 670.Press release IP/02/4, 3.1.2002.
- 671.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 672.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 673.OJ C 231, 11.8.2000, p. 2.
- 674.Case COMP/29.373 (OJ L 293, 10.11.2001).
- 675.Case COMP/29.373 (OJ C 226, 11.8.2001).
- 676.Cases COMP/37.363 Svenska Atomförsäkringspoolen, COMP/34.985 Pool Italiano Rischi Atomici and COMP/34.558 Aseguradores Riesgos Nucleares.
- 677.Case COMP/37.792; press release IP/01/1232, 30.8.2001.
- 678.Case COMP/37.245, which is now dealt with jointly with Case COMP/37.792 under case number COMP/37.792.
- 679.See Section I.C.3.4.
- 680.Report from the Commission to the European Council with a view to safeguarding current sports structures and maintaining the social function of sport within the Community framework (COM(1999) 644 final, 10.12.1999).
- 681.Declaration on the specific characteristics of sport and its social function in Europe, of which account should be taken in implementing common policies.
- 682.Press release IP/01/314, 6.3.2001.
- 683.Case T-41/96 Bayer v Commission, not yet reported.
- 684.Guidelines on the applicability of Article 81 of the EC Treaty to horizontal cooperation agreements (OJ C 3, 6.1.2001).
- 685.Cases C-2/01 and 3/01P. The Bundesverband Arzneimittel-Importeure has lodged a separate appeal against the CFI's judgment. The Court of Justice has joined the two appeal cases.
- 686.Case COMP/34.279; Commission decision of 10.1.1996 (OJ L 201, 9.8.1996); press release IP/96/19, 10.1.1996.
- 687.For an executive summary of the Commission's main grounds for appeal, see OJ C 79, 10.3.2001.
- 688.Case COMP/36.957; Commission decision of 8.5.2001 (OJ L 302, 17.11.2001); press release IP/01/661, 8.5.2001.
- 689.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 690.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 691.The figure for 2000 was revised after the 2000 Competition Report was published.
- 692.Case C-168/01 P.
- 693.Case COMP/36.932.
- 694.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 695.See guidelines on horizontal agreements, point 73 (OJ C 3, 6.1. 2001).
- 696.Case COMP/37.590.
- 697.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 698.COMP/M.2495 - Haniel/Fels; COMP/M.2547 - Bayer/Aventis Crop Science; and COMP/M.2568 - Haniel/Ytong.
- 699.In accordance with Article 8(3) of the merger regulation.
- 700.COMP/M.2201, 26.6.2001.
- 701.COMP/M.2498, 21.11.2001.
- 702.COMP/M.2499, 21.11.2001.
- 703.COMP/M.2533, 6.9.2001.
- 704.COMP/M.2389, 23.8.2001.
- 705.COMP/M.2220, 3.7.2001.
- 706.COMP/M.2282, 10.10.2001.
- 707.COMP/M.2380, case withdrawn.
- 708.Case COMP/M.619 Gencor/Lonrho: although Lonrho is a UK-registered company, it's main activities are located in southern Africa.
- 709.COMP/M.2283, 10.10.2001.
- 710.COMP/M.2097, 31.1.2001.
- 711.COMP/M.2187, 17.10.2001.
- 712.COMP/M.2380, case withdrawn.
- 713.COMP/M.2097, 31.1.2001 (OJ L 57, 27.2.2002).
- 714.COMP/M.2187, 17.10.2001.
- 715.COMP/M.2256, 2.3.2001.
- 716.COMP/M.1882, 19.7.2000.
- 717.COMP/M.2602, 11.12.2001.
- 718.COMP/M.1853, 7.2.2001.
- 719.COMP/M.2434, 26.9.2001.
- 720.COMP/M.2530, 20.12.2001.
- 721.COMP/M.2416, 30.10.2001.
- 722.Small significant non-transitory increase in prices.
- 723.COMP/M. 2498, 21.11.2001.
- 724.COMP/M. 2499, 21.11.2001.
- 725.Similarly reasoning was applied in another case which was cleared after an in-depth investigation, COMP/M.2201 - MAN/Auwärter, 26.6.2001, and which raised questions of collective dominance. The main impact of this case will be on the city-bus market in Germany. MAN/Auwärter and the other main player in the market for city buses in Germany, DaimlerChrysler's EvoBus, will each supply just under half of that market. Following a close examination of the case, however, the Commission concluded that there was no risk that the two companies would be able to tacitly coordinate their activities. Firstly, the Commission found that any tacit division of the market between EvoBus and MAN/Auwärter was not likely as there would be no viable coordination mechanism. Secondly, significant disparities between EvoBus and MAN/Auwärter, such as different cost structures, made it likely that the companies would compete rather than collude. The Commission therefore concluded that the German bus market sector would remain competitive even after the acquisition.
- 726.The figure for 2000 was revised after the 2000 Competition Report was published.
- 727.The figure for 2000 was revised after the 2000 Competition Report was published.
- 728.The figure for 2000 was revised after the 2000 Competition Report was published.
- 729.The figure for 2000 was revised after the 2000 Competition Report was published.
- 730.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 731.OJ C 188, 4.7.2001.
- 732.See COMP/M.2314 - BASF/Eurodiol/Pantochim, 11.7.2001.
- 733.Commission Decision 94/449/EEC in Case IV/M.308 -
- 734.Joined Cases C-68/94 and C-30/95 French Republic v Commission and SCPA v Commission
- 735.COMP/M.2283, 10.10.2001.
- 736.Commission notice on remedies acceptable under Council Regulation (EEC) No 4064/89 and under Commission Regulation (EC) No 447/98 (OJ C 68, 2.3.2001).
- 737.See Section II, paragraph 12 of the notice.
- 738.COMP/M.1915, 13.3.2001.
- 739.COMP/M.2431 - Allianz/Dresdner, 19.7.2001.
- 740.COMP/M.2602 - Gerling/NCM, 11.12.2001; COMP/JV.56 - Hutchison/ECT, 29.11.2001; COMP/M.2567 - Nordbanken/Postgirot, 8.11.2001; COMP/M.2574 - Pirelli/Edizione/Olivetti/Telecom Italia, 20.9.2001; COMP/M.2337 - Nestlé/Ralston Purina, 27.7.2001; COMP/M.2431 - Allianz/Dresdner, 19.7.2001; COMP/M.2300 - YLE/TDF/Digita/JV, 26.6.2001; COMP/M.2396 - Industri Kapital/Perstorp (II), 11.5.2001; COMP/M.2268 - Pernod Ricard/Diageo/Seagram Spirits, 8.5.2001; COMP/M.2286 - Buhrmann/Samas Office Supplies, 11.4.2001; COMP/M.2277 - Degussa/Laporte, 12.3.2001; COMP/JV.54 - Smith
- 741.COMP/M.2389 - Shell/DEA, 20.12.2001; COMP/M.2530 - Südzucker/Saint Louis, 20.12.2001; COMP/M.2533 - BP/E.ON, 20.12.2001; COMP/M.2420 - Mitsui/CVRD/Caemi, 30.10.2001; COMP/M.2434 - Grupo Villar Mir/ENBW/Hidroelectrica Del Cantabrico, 26.9.2001; COMP/JV.55 - Hutchison/RCPM/ECT, 3.7.2001; COMP/M.2139 - Bombadier/Adtranz, 3.4.2001; COMP/M.1915 - The Post Office/TPG/SPPL, 13.3.2001; COMP/M.1853 - EDF/ENBW, 7.2.2001; COMP/M.2033 - Metso/Svedala, 24.1.2001.
- 742.COMP/M.2033, 24.1.2001.
- 743.COMP/2139, 3.4.2001.
- 744.COMP/M.2201 - MAN/Auwärter, 20.6.2001; COMP/M.2314 -BASF/Pantochim/Eurodiol, 11.7.2001; COMP/M.2333 - De Beers/LVMH,25.7.2001; COMP/M.2498 - UPM-Kymmene/Haindl, 21.11.2001; and COMP/M.2499 - Norske Skog/Parenco/Walsum, 21.11.2001.
- 745.COMP/2097, 31.1.2001.
- 746.COMP/M.2187, 17.10.2001.
- 747.COMP/M.2283, 10.10.2001.
- 748.COMP/M.2416, 30.10.2001.
- 749.COMP/M.2220, 3.7.2001.
- 750.Section III.1, paragraph 13.
- 751.COMP/M.2602 - Gerling/NCM, 11.12.2001; COMP/M.2574 - Pirelli/Edizione/Olivetti/Telecom Italia, 20.9.2001; COMP/M.2300 - YLE/TDF/Digita/JV, 26.6.2001; COMP/M.2396 - Industri Kapital/Perstorp (II), 11.5.2001; COMP/M.2286 - Buhrmann/Samas Office Supplies, 11.4.2001; COMP/M.2277 - Degussa/Laporte, 12.3.2001; COMP/JV.54 - Smith
- 752.The merger agreement between these two companies was subsequently withdrawn as a result of antitrust objections to the deal in the United States.
- 753.COMP/M.2033, 24.1.2001.
- 754.COMP/M.1915, 13.3.2001.
- 755.COMP/M.2139, 3.4.2001.
- 756.Phase I - COMP/JV.56 - Hutchison/ECT, 29.11.2001; COMP/M.2567 - Nordbanken/Postgirot, 8.11.2001; COMP/M.2574 - Pirelli/Edizione/Olivetti/Telecom Italia, 20.9.2001; and COMP/M.2431 - Allianz/Dresdner, 19.7.2001. Phase II - COMP/M.2530 - Südzucker/Saint Louis, 20.12.2001; COMP/M.2533 - BP/E.ON, 20.12.2001; COMP/M.2420 - Mitsui/CVRD/Caemi, 30.10.2001; and COMP/M.1853 - EDF/ENBW, 7.2.2001.
- 757.See Section III.1, paragraph 20 of the notice.
- 758.COMP/M.1915, 13.3.2001.
- 759.See also below for a discussion of the implementation of remedies.
- 760.COMP/M.2337, 27.7.2001.
- 761.This type of provision has been seen before in previous cases, for example IV/M.1453 - AXA/GRE, 8.4.1999 and COMP/M.1813 - Industri Kapital (Nordkem)/Dyno, 12.7.2000.
- 762.Paragraphs 22 and 23.
- 763.The precise date is considered to be commercially confidential information.
- 764.COMP/M.1853, 7.2.2001.
- 765.Firstly, EdF undertook to renounce the exercise of its voting rights in CNR, an electricity producer active in France, and to withdraw its representative from the CNR board of directors; EdF will also no longer be involved in CNR's commercial policy and market conduct. This commitment will ensure that CNR is in a position to become an active competitive force in the electricity sector in France. Secondly, EnBW will divest its 24% co-controlling shareholding in WATT, which will restore the status quo ante in Switzerland.
- 766.COMP/M.2050 -
- 767.COMP/M.2389 - Shell/DEA, 20.12.2001; COMP/M.2530 - Südzucker/Saint Louis, 20.12.2001; COMP/M.2434 - Grupo Villar Mir/ENBW/Hidroelectrica Del Cantabrico, 26.9.2001; COMP/JV.55 - Hutchison/RCPM/ECT, 3.7.2001; and COMP/M.1853 - EdF/ENBW, 7.2.2001.
- 768.COMP/M.1915, 13.3.2001
- 769.As with almost every case involving a divestment, the completion of the divestment did not mark the completion of the commitments as certain parts of the commitments related to the seller's behaviour after the divestment.
- 770.COMP/M.2033, 24.1.2001.
- 771.COMP/M.1751, 29.3.2000.
- 772.COMP/M.1671, 3.5.2000.
- 773.See COMP/M.2350 - Campbell/ECBB (Unilever), 2.4.2001.
- 774.COMP/M.1628, 9.2.2000.
- 775.Case T-342/00 Petrolessence and Société de Gestion de Restauration Routière v Commission.
- 776.COMP/M.1628, 9.2.2000.
- 777.See COMP/M.2375 - PAI
- 778.COMP/M.1684, 25.1.2000.
- 779.COMP/M.2033, 24.1.2001.
- 780.COMP/M.2533, 6.9.2001.
- 781.COMP/M.2389, 23.8.2001.
- 782.COMP/M.2446, 20.7.2001.
- 783.COMP/M.2044, 22.8.2000.
- 784.COMP/M.2216, 19.1.2001.
- 785.The appeal was made to the Tribunale Amministrativo Regionale del Lazio - TAR.
- 786.See the box in this chapter for a discussion of this case, COMP/M.2220 - General Electric/Honeywell, 3.7.2001.
- 787.COM(2001) 403.
- 788.OJ L 10, 13.1.2001; 2000 Competition Report, points 293-295.
- 789.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 790.OJ C 368, 22.12.2001.
- 791.OJ C 235, 21.8.2001.
- 792.Case C 56/2000, Commission decision of 6.6.2001 (OJ L 263, 3.10.2001).
- 793.Case N 448/2000, Commission decision of 25.7.2001 (OJ C 318, 13.11.2001).
- 794.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 795.Case N 630/01, Commission decision of 11.12.2001 (OJ C 32, 5.2.2002).
- 796.Case N 722/2000, Commission decision of 20.12.2001, not yet published.
- 797.Cf. paragraph II.3 of the communication: 'Nothing in this document should be taken to call into question the compatibility of state aid measures which meet the criteria of any other guidelines, frameworks or regulations adopted by the Commission.'
- 798.For the definition of initial investment, see for example point 4.4. of the guidelines on national regional aid (OJ C 74, 10.3.1998).
- 799.Case N 465/2000, Commission decision of 3.7.2001 (OJ C 328, 23.11.2001).
- 800.Case NN 94/2000, Commission decision of 23.5.2001 (OJ C 219, 4.8.2001).
- 801.Case N 551/2000, Commission decision of 28.2.2001 (OJ C 117, 21.4.2001).
- 802.OJ C 384, 10.12.1998.
- 803.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 804.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 805.The figure for 2000 was revised after the 2000 Competition Report was published.
- 806.OJ L 84, 23.3.2001.
- 807.Available in all languages on the DG COMP pages of the Europa website.
- 808.See Part Two.
- 809.OJ C 320, 15.11.2001.
- 810.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 811.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 812.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 813.Case N 550/2000, Commission decision of 25.7.2001 (OJ C 330, 24.11.2001).
- 814.For the same line of reasoning, see Cases N 678/2001, Commission decision of 28.11.2001, not yet published, and Case N 504/2000, Commission decision of 28.11.2001, not yet published.
- 815.See also Case NN 30/B/2000, Commission decision of 28.11.2001, not yet published.
- 816.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 817.See the Commission paper on the application of Articles 92 and 93 to public authorities' holdings, Bulletin EC 9-1984, also available on the DG COMP pages of the Europa website.
- 818.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 819.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 820.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 821.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 822.Case N 674/2001, Commission decision of 13.11.2001, not yet published.
- 823.Case N 232/2001, Commission decision of 3.7.2001 (OJ C 268, 22.9.2001).
- 824.Case C 18/2001 (ex N 123/2000), Commission decision of 28.3.2001 (OJ C 185, 30.6.2001).
- 825.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 826.Case NN 137/2001, Commission decision of 11.12.2001, not yet published.
- 827.Judgment of 4.4.2001 in Case T-288/97, not yet reported.
- 828.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 829.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 830.Case N 32/2000, Commission decision of 11.4.2001 (OJ C 199, 14.7.2001).
- 831.Case N 430/2001, Commission decision of 30.10.2001, not yet published, Case N 433/2001, Commission decision of 30.10.2001, not yet published, Case N 801/2000, Commission decision of 18.7.2001 (OJ C 333, 28.11.2001). In the first two decisions, the Commission expressly stated that the aided projects could also have been allowed on the basis of Article 87(3)(b) of the EC Treaty, since they could be considered important projects of common European interest within the meaning of that provision.
- 832.Case N 236/2001, Commission decision of 25.7.2001 (OJ C 268, 22.9.2001).
- 833.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 834.Case N 357/1996 (OJ C 67, 4.3.1997), as amended in Case N 142/1999 (OJ C 151, 29.5.1999).
- 835.Case N 246/2001, Commission decision of 19.9.2001, not yet published.
- 836.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 837.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 838.OJ C 37, 3.2.2001.
- 839.Case C 18/2001 (ex N 123/2000), Commission decision of 28.3.2001 (OJ C 185, 30.6.2001).
- 840.Case NN30/B/2000, Commission decision of 28.11.2001, not yet published.
- 841.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 842.On this point, see also Case N 840/A/2000, Commission decision of 6.6.2001 and its corrigendum, Commission decision of 17.10.2001 ( OJ C 358, 15.12.2001).
- 843.Case N 660/A/2000, Commission decision of 18.7.2001 (OJ C 263, 19.9.2001).
- 844.Case N 550/2000, Commission decision of 25.7.2001 (OJ C 330, 24.11.2001).
- 845.Case N 504/2000, Commission decision of 28.11.2001, not yet published.
- 846.Case N 416/2001, Commission decision of 28.11.2001, not yet published.
- 847.Cases E 4/2001 (ex N 297/01, ex N 81/93), E 5/2001 (ex N 591/90), E 6/2001 (ex N 77/90), E 7/2001 (ex N 18/93), E 8/2001, E 9/2001 (ex N 512/91), E 10/2001 (ex N 594/91), E 11/2001 (ex N 627/91), E 12/2001 (ex N 255/90), E 13/2001 (ex N 155/88), E 14/2001 (ex N 442/91), E 15/2001 (ex N 24/95), E 16/2001 (ex N 73/93), E 17/2001 (ex N 413/91), E 18/2001 (ex NN 81/90), E 20/2001 (ex N 18/83), E 21/2001 (ex N 81/95, ex N 851/96), E 22/2001 (ex N 901/96), E 23/2001 (ex N 181/95, ex N 79/98), E 24/2001 (ex N 400/94, ex N 997/95), E 25/2001 (ex N 219/96), E 26/2001 (ex N 75/95, ex N 420/97, ex NN 106/97), E 27/2001 (ex N 599/96), E 28/2001 (ex N 181/97, ex N 117/95, ex N 767/95), E 29/2001 (ex N 711/95, ex N 618/96), E 30/2001 (ex N 629/96), E 31/2001 (ex N 337/96), E 32/2001 (ex N 452/97), E 33/2001 (ex NN 74/95, ex N 370/97), E 34/2001 (ex N 183/94).
- 848.Case C 72/98 (ex N702/97), N 671/99, E5/98, Commission decision of 28.2.2001, not yet published.
- 849.Case N 715/2000, Commission decision of 21.12.2000, letter to the Member State dated 7.2.2001 (OJ C 244, 1.9.2001).
- 850.Case N 731/2000, Commission decision of 25.4.2001 (OJ C 211, 28.7.2001).
- 851.Case N 646/A/2000, Commission decision of 13.3.2001 (OJ C 149, 19.5.2001).
- 852.Cases C 48/1999, C 53/1999 and C 54/1999, see below.
- 853.Case C 48/1999, Commission decision of 11.7.2001, not yet published, Case C 49/1999, Commission decision of 11.7.2001, not yet published, Case C 50/1999, Commission decision of 11.7.2001, not yet published, Case C 51/1999, Commission decision of 11.7.2001, not yet published, Case C 52/1999, Commission decision of 11.7.2001, not yet published, Case C 53/1999, Commission decision of 11.7.2001, not yet published, Case C 54/1999, Commission decision of 11.7.2001, not yet published.
- 854.Cases C 48/1999, C 53/1999, C 54/1999, see above.
- 855.Cases C 48/1999, C 53/1999, C 54/1999, see above.
- 856.Cases C 49/1999, C 50/1999, C 51/1999, C 52/1999, see above.
- 857.Cases N 272/98, NN 132/93, N 307/96, NN 61/93, NN 88/93, N 26/98, N 487/95, N 747/97, N 659/a/97, N 288/96 and C 27/89.
- 858.Cases N 711/95 and N 618/96.
- 859.OJ C 107, 7.4.1997.
- 860.The ceiling for regional aid in the assisted area concerned is 35% gross for large companies.
- 861.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 862.OJ L 202, 18.7.1998.
- 863.Council Regulation (EC) No 3286/94 (OJ L 349, 31.12.1994).
- 864.COM (2001) 401 final; OJ C 304 E, 30.10.2001.
- 865.Case C 74/99.
- 866.Case C 40/00, decision of 28.11.2001.
- 867.OJ L 329, 30.12.1993.
- 868.COM (2001) 423 final; OJ C 304 E, 30.10.2001.
- 869.Case N1/2001, Commission decision of 21.12.2000 (OJ L 127, 9.5.2001).
- 870.Case N3/2001, Commission decision of 23.5.2001 (OJ L 239, 7.9.2001).
- 871.Case N2/2001, Commission decision of 11.12.2001, not yet published.
- 872.Case N4/2001, Commission decision of 8.5.2001 (OJ L 241, 11.9.2001), Case N6/2001, Commission decision of 25.7.2001 (OJ L 305, 22.11.2001), and Cases N7/2001 and N8/2001, Commission decision of 17.10.2001, not yet published.
- 873.Case C 51/2000.
- 874.Commission decision of 13.2.2001.
- 875.Commission decision of 19.9.2001 (OJ C 333, 28.11.2001).
- 876.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 877.Case C 14/2001, OJ C 117 (21.4.2001).
- 878.Case C 78/98, OJ C 62, 4.3.1999.
- 879.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 880.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 881.Cases C 27/93 and C 81/98 (OJ L 312, 29.11.2001).
- 882.Case N 649/2001.
- 883.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 884.Case T-128/98 ECR II-3929.
- 885.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 886.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 887.COM (2001) 370.
- 888.Council Regulation (EC) No 718/99 on a Community-fleet capacity policy to promote inland waterway transport (OJ L 90, 2.4.1999).
- 889.Case N 299/01, decision of 2.10.2001 (OJ C 342, 5.12.2001).
- 890.Case N 597/2000, decision of 31.1.2001(OJ C 102, 31.3.2001).
- 891.Case N 550/2001, Commission decision of 11.12.2001, not yet published.
- 892.Application of Articles 92 and 93 of the EC Treaty and Article 61 of the EEA Agreement to state aid in the aviation sector (OJ C 350, 10.12.1994).
- 893.Commission communication of 10 October 2001 on the repercussions of the terrorist attacks in the United States on the air transport industry - COM(2001) 574 final.
- 894.Commission communication of 10 October 2001 on the repercussions of the terrorist attacks in the United States on the air transport industry, as adapted by the Council's ad hoc group.
- 895.Case NN 90/2001.
- 896.Cases NN 140/2001 and NN 144/2001.
- 897.Cases NN 139/2001 and NN 141/2001 (OJ C 24, 26.1.2002).
- 898.Cases NN 153/2001 (Austria), NN 157/2001 (France), NN 146 and 161/2001 (Denmark), NN 143/2001 (Spain) and NN 162/2001 (Germany).
- 899.OJ L 249, 19.9.2001.
- 900.OJ C 343, 11.11.1998.
- 901.OJ L 271, 12.10.2001.
- 902.C (2001) 3137 final, not yet published.
- 903.This decision has not yet been published in the Official Journal, but can be found on the DG COMP website under the number E 45/2000. See also IP/01/934.
- 904.This decision has not yet been published in the Official Journal, but can be found on the DG COMP website under the number N 58/2000.
- 905.This decision is not yet on the DG COMP website.
- 906.OJ C 252, 12.9.2001.
- 907.The figure for 2000 was revised after the 2000 Competition Report was published.
- 908.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 909.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 910.OJ C 19, 20.1.2001.
- 911.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 912.Case T- 46/97
- 913.Case N 429/2001, Commission decision of 17.10.2001, not yet published. The Commission had already approved an aid scheme for emergency planning to deal with natural catastrophes in Valle d'Aoste on 29.11.2000 (N 433/2000). This latter scheme provides the reference framework for the scheme dealing with the effects of the torrential rain.
- 914.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 915.Case T-73/98, Société chimique Prayon-Rupel v Commission
- 916.Judgment of the Court of 3 May 2001 in Case C-204/97 Portugal v Commission, not yet reported.
- 917.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 918.For a detailed description of the Commission's proposal, see Section I.A.3. of the 2000 Competition Report, SEC(2001) 694. For more details of the 1999 White Paper on Modernisation, see Section I.A.2. of the 1999 Competition Report, SEC(2000) 720.
- 919.OJ C 155, 29.5.2001.
- 920.Judgment of the Court of First Instance of 4 April 2001 in Case T-288/97 Regione autonoma Friuli Venezia Giulia v Commission, not yet reported.
- 921.Judgment of the Court of First Instance of 15 June 2000 in Joined Cases T-298/97 ... T-23/98 Alzetta and others v Commission,
- 922.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 923.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 924.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 925.Judgment of the Court of 9 October 2001 in Case C-400/99 Italy v Commission, not yet reported.
- 926.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 927.The figure for 2000 was revised after the 2000 Competition Report was published.
- 928.Commission decision of 20.7.1999 (OJ L 42, 15.2.2000).
- 929.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 930.Commission Decision 1999/378/EC of 4 November 1998 (OJ L 145, 10.6.1999).
- 931.C-17/99.
- 932.C-261/99.
- 933.Judgment of the Court of 22 March 2001 in Case C-17/99 France v Commission, not yet reported.
- 934.Judgment of the Court of 22 March 2001 in Case C-261/99 Commission v France, not yet reported.
- 935.Judgment of the Court of 3 July 2001 in Case C-378/98 Commission v Belgium, not yet reported.
- 936.Case C- 280/95, Commission v Italy
- 937.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 938.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 939.OJ C 281, 26.9.1996.
- 940.COM(2000) 580 final, 20.9.2000, also published in OJ C 17, 19.1.2001. See also 2000 Competition Report, Box 3, after point I.C.2.7.
- 941.COM(2001) 598, 17.10.2001.
- 942.Case C-53/00.
- 943.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 944.Directives 92/50, 93/77, 93/36 and 93/38.
- 945.Judgment of 7.12.2000 in Case C-324/98 Telaustria.
- 946.Such as Case COMP/D-3/38213 Ryanair/ENAV and Italy, on the basis that ENAV (the entity in charge of air traffic control in Italy) did not exercise an economic activity.
- 947.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 948.Similarly, in the Commission decision of 23.10.2001 in La Poste (France)/SNELPD (COMP/C1/37133), Articles 86(1), 3(1)(g), 10(2), 81 and 82 could be fully applied against a Member State because terminating the anticompetitive situation created by that Member State in the context of an undertaking entrusted with services of general economic interest would not obstruct the performance of the particular tasks assigned to that undertaking.
- 949.For cases Deutsche Post AG I, Deutsche Post AG II and De Post/La Poste (Belgium), see Section I.C.2.2.
- 950.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 951.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 952.Case C-340/99 TNT Traco, paragraphs 51-63.
- 953.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 954.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 955.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 956.In addition, the Court held that in these circumstances the incumbent, when supplying a service not forming part of the universal service, had also to be required to make a financial contribution to the universal service. Lastly, it ruled that the incumbent also had to ensure that its express mail activity outside the universal service was not subsidised by the universal service, thereby improperly increasing the potential losses of that service.
- 957.Case C-475/99 Ambulanz Glöckner.
- 958.The figure for state aid in 2000 was revised after the 2000 Competition Report was published.
- 959.The figure for antitrust in 2000 was revised after the 2000 Competition Report was published.
- 960.COM(2001) 125 final, 13.3.2001. For details see point 88.
- 961.Decision 1/96 of the EU-Czech Association Council of 30 January 1996 (OJ L 31, 9.2.1996).
- 962.Decision 1/96 of the EU-Poland Association Council of 16 July 1996 (OJ L 208, 17.8.1996).
- 963.Decision 1/96 of the EU-Slovak Association Council of 15 August 1996 (OJ L 295, 20.11.1996).
- 964.Decision 2/96 of the EU-Hungary Association Council of 6 November 1996 (OJ L 295, 20.11.1996).
- 965.Decision 2/97 of the EU-Bulgaria Association Council of 7 October 1997 (OJ L 15, 21.1.1998).
- 966.Decision 1/99 of the EU-Romania Association Council of 16 March 1999 (OJ L 96, 10.4.1999).
- 967.Decision 1/99 of the EU-Estonia Association Council of 28 April 1999 (OJ L 144, 9.6.1999).
- 968.Decision 4/99 of the EU-Lithuania Association Council of 26 May 1999 (OJ L 156, 23.6.1999).
- 969.Decision 4/2000 of the EU-Slovenia Association Council of 21 December 2000 (OJ L 130, 12.5.2001).
- 970.Decision 5/2001 of the EU-Latvia Association Council of 25 April 2001 (OJ L 183, 6.7.2001).
- 971.Decision 1/98 of the EU-Czech Association Council of 24 June 1998 (OJ L 195, 11.7.1998).
- 972.Decision 2/2001 of the EU-Lithuania Association Council of 22 February 2001 (OJ 98, 7.4.2001).
- 973.Decision 4/2001 of the EU-Latvia Association Council of 20 March 2001 (OJ L 163, 20.6.2001).
- 974.Decision 4/2001 of the EU-Romania Association Council of 10 April 2001 (OJ 138, 22.5.2001).
- 975.Decision 2/2001 of the EU-Slovenia Association Council of 3 May 2001 (OJ 163, 20.6.2001).
- 976.Decision 3/2001 of the EU-Poland Association Council of 23 May 2001 (OJ L 215, 9.8.2001).
- 977.Decision 2/2001 of the EU-Bulgaria Association Council of 23 May 2001 (OJ L 216, 10.8.2001).
- 978.Decision 6/2001 of the EU-Slovakia Association Council of 22 November 2001 (not yet published).
- 979.Decision 1/2000 of the EU-Bulgaria Association Council of 28 February 2000 (OJ L 144, 17.6.2000).
- 980.Decision 2/2000 of the EU-Romania Association Council of 17 July 2000 (OJ L 230, 12.9.2000).
- 981.Decision 2/2000 of the EU-Lithuania Association Council of 24 July 2000 (OJ L 199, 5.10.2000).
- 982.Decision 3/2000 of the EU-Estonia Association Council of 1 December 2000 (OJ L 21, 23.1.2001).
- 983.Decision 3/2001 of the EU-Czech Association Council of 8 March 2001 (OJ L 100, 11.4.2001).
- 984.Decision 3/2001 of the EU-Latvia Association Council of 20 March 2001 (OJ L 156, 13.6.2001).
- 985.Decision 2/2001 of the EU-Poland Association Council of 7 May 2001 (OJ L 215, 9.8.2001).
- 986.Decision 3/2001 of the EU-Slovakia Association Council of 18 May 2001 (OJ L 217, 11.8.2001).
- 987.Decision 4/2001 of the EU-Slovenia Association Council of 25 July 2001 (not yet published).
- 988.In 2001, two Stabilisation and Association Agreements were signed. The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, was signed on 9 April in Luxembourg. The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, was signed on 29 October in Luxembourg.
- 989.Agreement between the European Communities and the Government of the United States of America regarding the application of their competition laws (OJ L 95, 27.4.1995, as corrected by OJ L 131, 15.6.1995).
- 990.Agreement between the European Communities and the Government of the United States of America on the application of positive comity principles in the enforcement of their competition laws (OJ L 173, 18.6.1998).
- 991.COM(2002) 45, 29.1.2002.
- 992.For GE/Honeywell, see point 326 and Box 9; for Metso/Svedala, see points 307 and 316; for CVC/Lenzing, see point 256.
- 993.Agreement between the European Communities and the Government of Canada regarding the application of their competition laws (OJ L 175, 10.7.1999).
- 994.COM(2002) 45, 29.1.2002.
- 995.OJ L 70, 18.3.2000, Articles 36 to 41.
- 996.OJ L 97. 30.3.1997, Articles 36 to 41.
- 997.OJ L 147, 21.6.2000, Articles 36 to 38.
- 998.Articles 53 to 58, COM(1997) 554 final.
- 999.Articles 35 to 39, COM(2001) 184 final.
- 1000.OJ L 187, 16.7.1997, Articles 33 to 34.
- 1001.OJ L 245, 29.9.2000 and OJ L 157, 30.6.2000.
- 1002.OJ L 276, 28.10.2000.
- 1003.Also known as the 'Doha Development Agenda', because of the central position that the development dimension will occupy in future WTO work.
- 1004.
- 1005.Report by a group of independent experts chaired by Karel Van Miert and entitled 'Competition Policy in the New Trade Order: Strengthening International Cooperation and Rules'.
- 1006.Commission communication of 18.6.1996, COM(96) 284 final.
- 1007.1996 Competition Report, points 235-236.
- 1008.International Competition Policy Advisory Committee.
- 1009.Two in 2000 (Price differentials between Member States, and Link between sales and after-sales service) and two in 2001 (Impact of possible future legislative scenarios for motor vehicle distribution on all parties concerned, and Customer preferences for existing and potential sales and servicing alternatives in automotive distribution).
- 1010.Balli/Klockner - COMP/ECSC.1359, 1.10.2001 and COMP/M.2481, 31.9.2001; BHP/Billiton - COMP/ECSC.1356, 14.6.2001 and COMP/M.2413, 14.6.2001; Endesa/CDF/SNET - COMP/ECSC.1352, 18.4.2001 and COMP/M.2281, 17.4.2001; Usinor/Arbed/Aceralia - COMP/ECSC.1351, 23.11.2001 and COMP/M.2382, 19.7.2001.
- 1011.COM(2001) 598, 17.10.2001.
- 1012.De Europese Commissie kent nummers toe aan officiële documenten van de Europese Unie. De Commissie maakt onderscheid in een aantal typen documenten door middel van het toekennen van verschillende nummerseries. Het onderscheid is gebaseerd op het soort document en/of de instelling van de Unie van wie het document afkomstig is.
- 1013.De Raad van de Europese Unie kent aan wetgevingsdossiers een uniek toe. Dit nummer bestaat uit een vijfcijferig volgnummer gevolgd door een schuine streep met de laatste twee cijfers van het jaartal, bijvoorbeeld 12345/00 - een document met nummer 12345 uit het jaar 2000.
- 1014.Het interinstitutionele nummer is een nummerreeks die binnen de Europese Unie toegekend wordt aan voorstellen voor regelgeving van de Europese Commissie.
Binnen de Europese Unie worden nog een aantal andere nummerseries gebruikt. Iedere instelling heeft één of meerdere sets documenten met ieder een eigen nummering. Die reeksen komen niet overeen met elkaar of het interinstitutioneel nummer.
- 1015.Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
- 1016.Als dag van bekendmaking van een Europees besluit geldt de dag waarop het besluit in het Publicatieblad wordt bekendgemaakt, en daardoor in alle officiële talen van de Europese Unie bij het Publicatiebureau beschikbaar is.