Derek Ridyard will be participating in a conference organised by IBC Legal on “Dominance & Pricing”, to be held in Brussels on 11 February 2009. The conference will focus on the new Commission Article 82 enforcement guidelines and how they affect the compliance advice to firms in a dominant position. Derek will be involved in the panel discussions following Philip Lowe’s introductory comments, and on the later discussion of refusal to supply and compulsory licensing. For more details on the conference, see www.ibclegal.com/dominance

Following a second phase investigation, the European Commission has cleared StatoilHydro’s proposed acquisition of ConocoPhillips’ Jet petrol stations in Scandinavia. As a result of the transaction, StatoilHydro will be able to considerably boost its unmanned station, self-service offering in both Sweden and Denmark. To gain approval, StatoilHydro has committed to divest all 40 “Jet” stations in Norway and an unmanned network of 158 stations in Sweden. RBB advised StatoilHydro throughout the investigation alongside lawyers WilmerHale.

On 3 October, following a Phase II investigation, the Irish Competition Authority cleared unconditionally Heineken’s acquisition of rival brewer Beamish & Crawford.

The transaction reduced the number of national brewers operating in the Republic of Ireland from three to two. However, the ICA dismissed concerns that the proposed transaction might give rise to coordinated effects or unilateral effects, including concerns that it would eliminate a possible maverick firm. The ICA’s review followed a decision by the European Commission to refer the Irish part of Case No. COMP/M.4999, Heineken/Scottish & Newcastle to the Competition Authority under Article 9 of the European Merger Regulation.

RBB Economics advised Heineken throughout the EC’s and Irish procedures, alongside lawyers Allen & Overy and A&L Goodbody, and Dr Francis O’Toole from Trinity College Dublin.

On 15 October 2008 the EC Commission announced a decision to fine banana importers Dole and Weichert a total of just over €60 million for their participation in horizontal conduct that was judged to be in breach of Article 81.

RBB advised two of the major European banana shippers, Fyffes and Weichert, on the Commission’s investigation. Although Fyffes originally received a Statement of Objections from the Commission, following its oral and written representations to the SO Fyffes was not fined and was not an addressee of the Commission’s final decision. The fines on Dole and Weichert were reduced by 60% in recognition of the specific regulatory régime for the banana market that was in place at the time (and an additional reduction of 10% was accorded to Weichert as it did not participate in a part of the conduct to which the Commission objected). The case raises a number of distinctive legal and economic issues that will be of relevance to other cases where information exchanges between competitors are alleged to contribute to cartel outcomes. As regards the economic analysis, the decision demonstrates a preparedness of the Commission to adapt its approach in light of evidence on the economic context within which the alleged infringements took place.

RBB worked alongside a team from SJ Berwin led by Stephen Kon, Elaine Gibson-Bolton and Alexander Rinne, on this matter.

The US Department of Justice has recently published its report Competition and Monopoly: Single-Firm Conduct Under Section 2 of the Sherman Act. This report draws heavily on views expressed at the hearings on single-firm conduct sponsored by the DoJ and the FTC. Simon Bishop was a participant at those hearings and reference is made to his contribution in the final report.

On 29 August the Dutch competition authority (NMa) has cleared the acquisition of the Dutch directory publisher Gouden Gids, part of Truvo by European Directories, publisher of Dutch directory De Telefoongids. As a result of the merger the paper and online directories of De Telefoongids and Gouden Gids will be merged. De Telefoongids and Gouden Gids are the only two national, door-to-door distributed, directories in the Netherlands. The NMa cleared the merger after a detailed Second Phase inquiry. RBB provided economic expertise throughout the first and second phase inquiry of the NMa to both parties alongside Clifford Chance (counsel to European Directories) and Howrey (counsel to Truvo). For more information please see the press release of the NMa:

http://www.nmanet.nl/engels/home/News_and_publications/News_and_press_releases/Press_2008/08-24_NMa_green_light_to_acquisition_Yellow_Pages_Netherlands_by_De_Telefoongids.asp