Antitrust Newsletter nº 25

EUROPEAN UNION

EUROPEAN COMMISSION DECISIONS
> The Commission adopts a package of four decisions on aid granted by Germany, Belgium, France and Greece to their postal service companies
> The Commission prohibits the merger between Deutsche Börse and NYSE Euronext
> The Commission clears the acquisition of Motorola Mobility by Google

RECENT CASE LAW
> Cisco and Messagenet challenge the Commission Decision clearing the purchase of Skype by Microsoft without commitments
> The GC partially annuls a Commission Decision declaring aid granted by the Netherlands to ING to be compatible with the common market
> The GC declares inadmissible the annulment action brought by Iberdrola against the > Commission Decision declaring article 12.5 of the Spanish Corporate Tax Law to be illegal and incompatible aid

SPAIN

LEGISLATION
> The CNC publishes its report concerning the Draft Bill creating the National Markets and Competition Commission
> Creation of a Surveillance Unit within the CNC’s Directorate of Investigation

CNC DECISIONS
> The CNC sanctions Gestamp and Essa for breach of a duty to notify a concentration
> The CNC fines Abertis Telecom S.A.U. €13,755,000 for abuse of a dominant position
> The CNC imposes fines totaling more than €11m on various cement companies for participating in a cartel
> The CNC fines Iberdrola more than €10 million
> The CNC fines maritime transport companies which operate in the Balearic Islands for participating in a cartel
> The CNC fines Endesa Distribución Eléctrica for breach of a dominant position

RECENT LAW CASE

The Supreme Court confirms a fine of more than €38 million imposed by the TDC on Iberdrola for abuse of a dominant position

PORTUGAL

Bill to amend the Portuguese Competition Law