QuickLinks - Competition

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Issue no. 356 - 27 February 2006

• EU - Commission sends Statement of Objections to collecting societies (RAPID)
  The European Commission has sent a Statement of Objections to CISAC (the "International Confederation of Societies of Authors and Composers") and the individual national collecting societies that are members of CISAC. The Statement of Objections concerns the CISAC model contract and its implementation at bilateral level by CISAC members. This model contract concerns the collective management of copyright for every category of exploitation, for example the broadcasting of music in a bar, a night club or via internet. However, the SO concerns only certain relatively new forms of copyright exploitation: internet, satellite transmission and cable retransmission of music.

• EU - Microsoft's attack on EC is 'outrageous' (ZDNet UK)
  The Free Software Foundation Europe expressed outrage at Microsoft's criticism of the European Commission, and of the UK expert appointed to ensure that Microsoft complies with the antitrust ruling.

• EU - Microsoft's response to the Statement of Objections (Microsoft)
  Microsoft is making available its formal response to the Statement of Objections issued in December 2005 by the European Commission. The response details the evidence that Microsoft is in full compliance with the technical documentation requirements imposed by the Commission in 2004. It also details numerous ways in which the Commission had ignored key information and denied Microsoft due process in defending itself. Microsoft also is releasing two independent expert reports by software system engineering professors who examined the technical documentation created by Microsoft.

• EU - Telefónica accused of 'margin squeeze' for concerning broadband Internet access (Eurozap)
  The European Commission has decided to open formal proceedings against Spanish telecoms operator Telefónica concerning a so-called "margin squeeze" in the Spanish broadband Internet access markets. The spread between Telefónica's prices for wholesale broadband access requested from its competitors and the downstream tariffs for broadband Internet access paid by the consumers has been insufficient to cover Telefónica's own costs for the supply of such retail services.

Issue no. 354 - 31 January 2006

• Commission publishes discussion paper on abuse of dominance (RAPID)
  The European Commission has published a Staff Discussion Paper on the application of EC Treaty competition rules on the abuse of a dominant market position (Article 82). The Discussion Paper is designed to promote a debate as to how EU markets are best protected from dominant companies' exclusionary conduct, conduct which risks weakening competition on a market. The paper suggests a framework for the continued rigorous enforcement of Article 82, building on the economic analysis carried out in recent cases, and setting out one possible methodology for the assessment of some of the most common abusive practices, such as tying, and rebates and discounts. Other forms of abuse, such as discriminatory and exploitative conduct, will be the subject of further work by the Commission in 2006. The Commission is inviting comments on the discussion paper by 31 March 2006.

• EU - Commission clears acquisition of O2 by Telefónica, subject to conditions (RAPID)
  The European Commission has cleared under the EU Merger Regulation the proposed acquisition of UK telecommunications company O2 by the Spanish telecommunications company Telefónica. The Commission was concerned that the acquisition would result in distortions of competition in the market for international roaming services, in particular in the UK. In order to remove the Commission?s concerns, Telefónica has undertaken to leave the FreeMove alliance. In light of this commitment, the Commission has concluded that the transaction will not significantly impede effective competition in the European Economic Area (EEA) or any part of it.

Issue no. 353 - 15 January 2006

• Commission publishes discussion paper on abuse of dominance (RAPID)
  The European Commission has published a Staff Discussion Paper on the application of EC Treaty competition rules on the abuse of a dominant market position (Article 82). The Discussion Paper is designed to promote a debate as to how EU markets are best protected from dominant companies' exclusionary conduct, conduct which risks weakening competition on a market. The paper suggests a framework for the continued rigorous enforcement of Article 82, building on the economic analysis carried out in recent cases, and setting out one possible methodology for the assessment of some of the most common abusive practices, such as tying, and rebates and discounts. Other forms of abuse, such as discriminatory and exploitative conduct, will be the subject of further work by the Commission in 2006. The Commission is inviting comments on the discussion paper by 31 March 2006.

• EU - Commission clears acquisition of O2 by Telefónica, subject to conditions (RAPID)
  The European Commission has cleared under the EU Merger Regulation the proposed acquisition of UK telecommunications company O2 by the Spanish telecommunications company Telefónica. The Commission was concerned that the acquisition would result in distortions of competition in the market for international roaming services, in particular in the UK. In order to remove the Commission's concerns, Telefónica has undertaken to leave the FreeMove alliance. In light of this commitment, the Commission has concluded that the transaction will not significantly impede effective competition in the European Economic Area (EEA) or any part of it.

• EU - Commission opens inquiry into subsidy for digital decoders for terrestrial TV in Italy (RAPID)
  The European Commission has launched an in-depth investigation under EC Treaty state aid rules into subsidies for digital decoders granted by Italy in 2004 and 2005. The measures provide public grants to buyers of decoders which receive programmes in digital terrestrial technology. The subsidy is not technology-neutral because although it is also offered for decoders using cable technology, it is not available for decoders using satellite broadcasting. The Commission's investigation will aim at establishing whether these incentives are liable to distort competition. The Commission received two complaints from terrestrial and satellite television operators.

• EU - Consultation on damages for breaches of EU competition law (RAPID)
  The European Commission has published a Green Paper on how to facilitate actions for damages caused by violations of EC Treaty competition rules. The Green Paper identifies certain obstacles to actions for damages by injured parties in national courts, such as access to evidence and the quantification of damages, and presents various options for debate for their removal. Comments on the Green Paper can be submitted by 21 April 2006. see also frequently asked questions.

• EU - Microsoft could face €2m a day fine over competition ruling (Guardian)
  The European commission significantly raised the stakes in its protracted legal battle with Microsoft by threatening to fine the world's biggest software group €2m a day for non-compliance with anti-trust sanctions. The commission, which fined Microsoft a record €497m in March 2004, chose the first anniversary of the decision by the court of first instance (CFI), Europe's second-highest court, to demand the group immediately enacted 'interim remedies' (the sanctions), pending a full appeal. see Commission Press Release.

• UK - Cable merger and Sky deal cleared (Guardian)
  The merger of cable giants NTL and Telewest and BSkyB's acquisition of broadband company Easynet were both cleared today by the competition watchdog. The Office of Fair Trading decided neither deal needed to be referred to the Competition Commission.

• US - N.Y. subpoenas Warner Music, rivals (New York Times)
  New York's attorney general is investigating whether the four record companies that dominate the industry have violated antitrust laws in the pricing of songs sold online. Eliot Spitzer's office recently began serving subpoenas on the major record companies. The companies are Universal Music Group, a unit of Vivendi Universal; Sony BMG Music Entertainment, a joint venture of Sony and Bertelsmann; the EMI Group; and the Warner Music Group.

Issue no. 352 - 18 December 2005

• EU - Commission improves rules for access to the file in merger and antitrust procedures (RAPID)
  The European Commission has revised its rules for access to the Commission's files by parties involved in its merger and antitrust cases in order to increase the transparency of competition procedures and underline the Commission's commitment to due process and parties' rights of defence. The revision takes the form of an update to the existing Notice on the rules of procedure for access to the Commission's competition file from 1997 (see IP/97/50), taking into account the revisions to the Merger Regulation (see IP/02/1856), the modernisation of antitrust enforcement (see IP/02/1739) and experience gained in applying the former rules. The revised Notice clarifies both the extent and the exercise of the right of access to the file. The revised Notice also increases procedural efficiency by confirming that access to the file can be granted either electronically or on paper.

Issue no. 350 - 4 December 2005

• EU - Commission approves Belgacom's acquisition of Telindus (RAPID)
  The European Commission has cleared under the EU Merger Regulation the proposed acquisition of Telindus by the Belgacom Group. Belgacom, the Belgian incumbent operator, provides telecommunications services, including wholesale and retail services, fixed and mobile telecommunications and voice, data and TV services. Telindus is an international provider of network solutions, based in Belgium.

• FR - French mobile phone firms fined (BBC)
  Three of France's leading mobile phone firms have been fined a total of 534m euros (£364m; $630m) after being deemed guilty of market collusion. France's Competition Council concluded that Orange, SFR and Bouygues Telecom shared commercial information between themselves, distorting competition. Orange France has been fined 256m euros while SFR and Bouygues have been handed 220m and 58m fines respectively.

Issue no. 349 - 27 November 2005

• EU - Commission receives improved commitments from Premier League on media rights (RAPID)
  The European Commission has received improved commitments from the English Football Association Premier League (FAPL) regarding the sale of the FAPL's media rights for the 2007 season onwards. The commitments provide for the FAPL to sell a number of packages of media rights, showcasing the League as a whole throughout each season. Live TV rights will be sold in six balanced packages with no one bidder being allowed to buy all six packages. Packages will be sold to the highest standalone bidder for each package, and bids other than simple standalone bids will be disregarded. The auction will be monitored by a Trustee, selected by the Commission, who will report to the Commission as to whether the commitments entered into by the FAPL have been followed.

Issue no. 348 - 13 November 2005

• EU - Commission endorses public funding for broadband in Kärnten, Austria (RAPID)
  The European Commission has authorised, under EC Treaty state aid rules, a broadband initiative by the Austrian Land of Kärnten. The scheme will enable citizens and businesses to have access to fast Internet connectivity in areas which do not currently have it. Although the scheme also supports advanced broadband services for professional users, the Commission concluded that the aid was not likely to distort competition significantly within the EU.

Issue no. 347 - 19 October 2005

• EU - Commission appoints Trustee to advise on Microsoft's compliance with 2004 Decision (RAPID)
  Competition: The European Commission has appointed Professor Neil Barrett, a computer scientist, as the Trustee who will provide technical advice to the Commission on issues relating to Microsoft's compliance with the Commission's 2004 Decision. Professor Barrett will begin his mandate immediately.

• EU - Mergers: Commission approves acquisition of MCI by Verizon (RAOID)
  The European Commission has cleared under the EU Merger Regulation the proposed acquisition of MCI by Verizon Communications, both US companies. After carefully examining the operation, the Commission concluded that the transaction would not significantly impede effective competition in the European Economic Area (EEA).

• EU - State aid: Commission endorses UK public funding for broadband communications (RAPID)
  The European Commission has authorised, under EU state aid rules, a UK broadband project which aims at bridging the "digital divide" between certain areas of England that currently have fast Internet access and those that do not. The initiative will bring broadband communications to West Midlands, East Midlands and South West England, which are currently underserved, allowing citizens and businesses to exploit the benefits of broadband technology. The Commission concluded that the aid was not likely to cause undue distortion of competition within the Single Market and was therefore compatible with EC Treaty state aid rules (Article 87).

Issue no. 346 - 2 October 2005

• EU/Competition - Antitrust/Sector Inquiries - 3G (Europa)
  The Commission has concluded the Sector Inquiry into the competitive situation in the market for new systems of mobile communication that are able to transmit pictures (3G). The Commission wants to ensure that critical sports content is not held back by anticompetitive conduct during the take up of the new mobile technologies. Such conduct would hamper consumers' choice, innovation and competition within the media sector. The Sector Inquiry found four main bottleneck problems that may risk limiting the access to sports content on mobile devices: Market players should review their business practises and act to address possible anti-competitive behaviour. Specific cases of national dimension where potentially harmful behaviours have been identified during the Sector Inquiry will be examined with national competition authorities. Concluding report.

• UK - What's wrong with competition policy in new media? (info)
  Special Issue: Chris Marsden, Damian Tambini; Free, open or closed? approaches to the information ecology Christopher T. Marsden; Competition and the exercise of market power in broadcasting: a review of recent UK experience Martin Cave ; Broadcasting, universal service and the communications package Lorna Woods; Competition policy and regulatory style - issues for OFCOM Thomas Gibbons; Competition in the media sector - how long can the future be delayed? Herbert Ungerer.

Issue no. 343 - 4 September 2005

• EU - Commission clears acquisition of Channel 5 by Bertelsmann (RAPID)
  he European Commission has granted clearance under the EU Merger Regulation to the acquisition of sole control of Channel 5 Television Group Limited (Channel 5) of the UK by the RTL Group S.A. (RTL) of Luxembourg, belonging to Bertelsmann AG of Germany. Channel 5 operates in the broadcasting and media sector, specialising in the broadcasting of free to air TV, the sale of advertising space and the commissioning and acquisition of TV broadcasting rights in the UK. It also operates an Internet portal with Internet services and sales of advertising space. RTL is a broadcasting and media group controlled by BAG. BAG is the parent company of a group whose activities include the publication of books and magazines, printing, book and music clubs, TV and radio broadcasting, content and rights and related services in the media sector. The operation was examined under the simplified merger review procedure.

• EU - EC bid to break Premiership monopoly (Observer)
  The European Commission wants to limit the number of Premier League football matches shown by BSkyB so that other broadcasters can finally get a slice of the lucrative pay-TV soccer market. Sky, headed by James Murdoch, fears the move by Brussels' competition watchdog may prompt many of their 7.8 million subscribers to switch providers, while Premier League chiefs believe it could send their vital £1.6 billion TV income plummeting. Officials in the EC's competition directorate have told the league that, under their next broadcasting deal, starting in 2007, no one station should show more than half the live matches screened.

• FR - Les opérateurs de mobiles contestent les accusations d'entente (Libération)
  France Télécom, SFR et Bouygues Télécom se défendent d'avoir conclu un accord pour mieux verrouiller le marché fort juteux de la téléphonie mobile. Leur réaction fait suite à la publication ce matin dans «le Canard enchaîné» de larges extraits d'un rapport confidentiel de la Direction générale de la consommation de la concurrence et de la répression des fraudes (DGCCRF) établi en mai 2004, à la demande du Conseil de la Concurrence. Celui-ci avait été saisi deux ans plus tôt par l'UFC-Que Choisir qui accusait les trois opérateurs d'entente illicite. Les documents saisis par les inspecteurs de la concurrence lors d'une perquisition au siège des trois opérateurs en 2003 sont édifiants. Comme ce cahier tenu par le patron d'Orange qui relatait par le menu les échanges entre les états-majors des trois réseaux, à propos du «Yalta des parts de marchés», comme l'entente avait été baptisée.

• UK - Key role for Ofcom in Premier League deal (Daily Telegraph)
  Ofcom, the Government quango who regulate broadcasting, have emerged as the new threat to the next Premier League television deal, which will replace the one ends in 2007. Ofcom want to cut Sky down to size and promote a satellite channel that could break the near monopoly enjoyed by Rupert Murdoch's channel. They believe that competition will be good for the viewers, that there should be a plethora of service providers and more competition will also bring more innovation.

• UK - Tribunal rejects OFT ruling on media rights to racecourses (Financial Times)
  A decision by the competition watchdog, which found that the Racecourse Association had breached competition rules when it sold audio-visual rights at dozens of racecourses to a consortium backed by British Sky Broadcasting and Channel 4, has been overturned on appeal. It is the first time that an infringement ruling by the Office of Fair Trading has been reversed by the Competition Appeal Tribunal, the body set up to scrutinise the regulator's decisions under the Enterprise Act.

Issue no. 341 - 9 July 2005

• DG Competition to focus on information sector (EurActiv)
  The Commission's annual report on competition policy has announced that the antitrust priorities in 2005 will be 'telecommunications services, media markets' and 'high-speed Internet access'.

Issue no. 340 - 23 June 2005

• EU praises Microsoft reform plans (BBC)
  The European Commission has praised Microsoft's initial response to its antitrust ruling against the company. Last week, Microsoft successfully met a deadline to give details of how it would improve the way it opens up its Windows operating systems to rivals.

Issue no. 338 - 7 May 2005

• UK - Complaint to OFT over inclusion of downloads in singles chart (Guardian)
  Plans to revive the flagging singles chart by including sales of online downloads sparked claims of unfair treatment. The Association of Independent Music, which represents more than 900 smaller record labels, has submitted an official complaint to the Office of Fair Trading. The independents are concerned that the chart is weighted in favour of the big four labels - Universal, Warner Music, EMI and Sony BMG - because their releases are prioritised by the download services responsible for selling the tracks. See also Rock of ages. A mini revolution will happen this weekend when, for the first time, songs downloaded (legally) from the internet will be included in the Top 40 along with traditional singles sold on discs. This will give a new lease of life to the singles genre. It also means that downloads, far from strangling the singles industry, will actually save it. People have shown themselves perfectly willing to pay for legal - as opposed to pirated - digital downloads as long as the price is a reasonably fair one. Sales of single downloads in the UK have erupted in the past year from 216,000 to 4.5m thanks to the runaway success of Apple's iPod player and its myriad imitators.

Issue no. 337 - 13 April 2005

• Bruxelles en passe de clore la procédure contre la redevance (Figaro)
  Verdict imminent. Après des années de procédure, la Commission européenne va livrer son ultime décision sur le financement de l'audiovisuel public français. Les négociations entre la direction générale de la concurrence et les autorités françaises ont abouti à un accord. Il devrait permettre à Bruxelles de prendre une «décision positive» pour Francetélévisions dans les prochaines semaines. Le verdict mettra fin à une procédure ouverte en 1993, lors du dépôt de plainte de la chaîne privée française TF1.

• EU - Microsoft struggles to work with open source (ZDNet UK)
  Microsoft has responded to some of the concerns about its proposed server interoperability licence, but has not yet worked out how to stop disadvantaging open source vendors. Last month the European Commission rejected Microsoft's proposed server interoperability licence, saying it contained a number of serious flaws including unjustifiably high royalty fees and the exclusion of open source vendors. A Microsoft spokesman said that it sent the EC a letter which proposed a possible solution to three of the four areas of concern outlined by the Commission last month. The only area where Microsoft has not offered any concessions is in the area of open source software. The EC is concerned that open source vendors are excluded from the licence agreement, as companies are not permitted to release the source code of products created using the licence.

Issue no. 335 - 20 March 2005

• EU - Microsoft, Time Warner Escape Scrutiny onContentGuard (The Deal)
  Microsoft and Time Warner have found a winning formula for getting the EU to drop its probe of a deal by bringing in a last-minute third partner, but competition experts warned the strategy may not always work. Microsoft and Time Warner brought in French consumer electronics vendor Thomson SA as a third partner in digital rights manager ContentGuard, givng each of the buyers a 33 percent voting stake. The European Commission said it has dropped the probe because the case was outside its regulator's jurisdiction. In a statement, the Commission said that under the revised deal, Microsoft will no longer have the ability to impose a licensing policy on ContentGuard that would put its rivals in the fledgling digital rights management market at a competitive disadvantage.

• EU doubts efforts by Microsoft to comply (International Herald Tribune)
  A year after the European Commission issued its landmark antitrust ruling against Microsoft, the commission said that it had 'strong doubts' that Microsoft was obeying its order. In a statement, the commission said that its investigation of the market showed that the company had not implemented solutions the European body mandated last March as punishment for Microsoft's abuse of a dominant position in the market for system software for servers, or high-end business computers.

Issue no. 334 - 13 March 2005

• EU - Commission investigates state aid for public service broadcasters (RAPID)
  The European Commission has requested clarifications from Germany, Ireland and The Netherlands about the role and the financing of public service broadcasters. Having examined allegations from several complainants, the Commission's preliminary view is that the current financing system in these Member States is no longer in line with EC Treaty rules requiring Member States not to grant subsidies liable to distort competition (Article 87). The Commission now asks Germany, Ireland and The Netherlands to implement these principles: clear definition of the public service remit, separation of accounts distinguishing between public service and other activities and adequate mechanisms to prevent overcompensation of public service activities. Member States also need to ensure that commercial activities by public broadcasters are in line with market principles. Finally, there should be an independent (national) authority checking compliance with these rules. The complaints in Germany and The Netherlands have also raised new issues, such as the financing of public broadcasters' online activities. See also Public service broadcasting and state aid - frequently asked questions.

Issue no. 333 - 2 March 2005

• EU - BBC's online services 'under threat from EC' (Guardian)
  The European Commission is planning a frontal assault on public service broadcasters throughout Europe, including the BBC, and threatening them with a residual role as niche players in the digital multimedia era, German sources warned.

• EU reviews Microsoft's antitrust compliance (New York Times)
  The European Commission is consulting with the computer industry over the next week on whether Microsoft is complying with last March's antitrust ruling against the company, a commission spokesman said.

• EU to investigate iTunes costs in UK (Guardian)
  The European commission is starting an investigation into the pricing of Apple Computer's digital music service after consumers complained that downloading tracks was more expensive in the UK than other parts of Europe. Officials are investigating whether price differentials on iTunes between the UK and other countries such as France and Germany of up to 20% are unjust and amount to a breach of EU pricing regulations.

Issue no. 332 - 22 February 2005

• EU - Commission refers merger of two German cable network operators to Bundeskartellamt (RAPID)
  The European Commission has referred the examination under the EU Merger Regulation of the proposed acquisition of the North Rhine-Westphalian network cable operator Ish by the Hessian cable operator Iesy to the German competition authority (the Bundeskartellamt) mainly because both undertakings are exclusively active in Germany. The Bundeskartellamt will now examine whether the merger leads to competition problems in Germany.

• EU - Commission investigates German public broadcasters (Guardian)
  The European commission will launch a formal inquiry next week into German public television and radio's use of licence fee money to fund internet and other services. The investigation could have serious consequences for other publicly funded broadcasters such as the BBC and comes after complaints from private channels two years ago that their state-owned rivals, ARD and ZDF, used illegal subsidies.

Issue no. 330 - 30 January 2005

• EU - Commission clears BT's acquisition of Infonet (RAPID)
  The European Commission has approved under the EU Merger Regulation the acquisition by British Telecommunications of Infonet Services Corporation, a US operator providing global telecommunications services to large multinational corporations.

• EU - Regulators tell Microsoft there's plenty in a name (CNET News.com)
  Microsoft has agreed to rename the new slimmed-down version of Windows it's preparing to release in Europe, after antitrust regulators there balked at the title. Microsoft announced last month that it intended to use the name 'Windows XP Reduced Media Edition' for the program, which has, by order of the European Commission, been stripped of the Media Player that's usually included. The commission was concerned the name would undermine its order by turning consumers off to the new version of Windows and prompting them to stay with the current version, according to reports. So Microsoft is ditching the name and is now busy coming up with a new one.

Issue no. 328 - 4 January 2005

• EU - Microsoft loses fight to delay EU sanctions (out-law.com)
  The European Court of First Instance has rejected Microsoft's request that sanctions imposed on the software company following an antitrust ruling by the Commission be suspended until an appeal of the antitrust decision is completed. Microsoft is obliged to implement the sanctions immediately, even if it decides to appeal the Court of First Instance?s decision. This means that Microsoft will now have to disclose to any undertaking wishing to develop and distribute work group server operating systems the interfaces required for their products to be able to "talk" with the ubiquitous Windows operating system. Microsoft will also have to offer for sale in Europe a version of Windows without Windows Media Player, although it may also market the operating system with Windows Media Player.

Issue no. 325 - 28 November 2004

• EU - Microsoft evidence stands, says judge (Guardian)
  A European Union judge said he will continue to take into account testimony from former complainants in the EU's antitrust case against Microsoft, even though they had withdrawn support for the case. Judge Bo Vesterdorf said he would give a decision on whether to suspend the EU order for Microsoft to change its business practices and pay a €497m (£320m) fine by Christmas.

• Microsoft critic received $9.75m after deal (FT)
  The landmark antitrust settlement this month between Microsoft and the Computer and Communications Industry Association, one of its oldest adversaries, resulted in a $9.75m payment to the CCIA's top official, according to confidential documents seen by the FT. Ed Black, CCIA president and for years one of Microsoft's fiercest opponents in antitrust investigations, netted almost half the $19.75m total payment Microsoft paid the association. His payment was approved by the CCIA board, whichincludes Sun Microsystems, Yahoo and Oracle.

Issue no. 324 - 21 November 2004

• Nokia quits group over Microsoft (IHT)
  Nokia has quit the Computer and Communications Industry Association, or CCIA, a trade group that had been fighting Microsoft for almost a decade, after the group announced that it was ending its war with its former foe. Nokia objected to the way the association made peace with Microsoft. In a settlement, Microsoft agreed to pay the CCIA an undisclosed sum in return for the trade group's ending all antitrust actions against it on both sides of the Atlantic. The CCIA, which claims to promote fair competition in the technology industry, had been one of the European Commission's staunchest allies, and its interventions were credited with having played a prominent role in pushing the European regulator to issue a tough ruling against Microsoft last March, which Microsoft is now appealing. Nokia supported the CCIA's combative stance towards Microsoft because it feared that the software company could extend its dominance of computer operating systems into the mobile phone market, as the two industries converge.

Issue no. 323 - 24 October 2004

• FR - France Télécom et SFR Cegetel condamnés pour leurs pratiques tarifaires (ZDNet France)
  Le prix des appels "fixe vers mobile" vaut un sévère rappel à l´ordre aux deux concurrents France Télécom et SFR Cegetel. Le Conseil de la concurrence les a condamnés le 14 octobre respectivement à 18 et 2 millions d´euros d´amende pour «pratiques tarifaires anticoncurrentielles». Il avait été saisi en juin 1999 par l´Association européenne des télécoms et des réseaux (Etna).

Issue no. 322 - 17 October 2004

• EU - Discriminatory specifications in supply contracts for computers in four Member States (RAPID)
  Commission examines discriminatory specifications in supply contracts for computers in four Member States. The European Commission has decided to formally ask France, the Netherlands, Finland and Sweden for information on certain invitations to tender launched by authorities in those countries for the supply of computer equipment. The Commission wonders whether it is compatible with the public procurement Directives to require the procurement of Intel microprocessors or microprocessors using a specific clock rate. Reference to a specific brand would, in the Commission's view, constitute a violation of Directive 93/36/EEC on public supply contracts, while merely specifying a clock rate - which is insufficient for assessing the performance of a computer - would be contrary to Article 28 of the EC Treaty, which prohibits any barriers to intra-Community trade.

• EU - International Antitrust - A Personal Perspective (RAPID)
  Mr. Mario Monti, European Commissioner for Competition, Fordham Corporate Law Institute, New York, 7 October 2004.

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