Economic Regulation Issues April 2009

Potential Competition and Merger Control
International Law Office, April 30, 2009

Under Israeli antitrust law, mergers that meet certain threshold requirements are subject to a mandatory pre-notification process and require approval from the antitrust commissioner. The law states that if there is a "reasonable likelihood for a significant lessening of competition as a result of the merger", the commissioner may either block the merger completely or approve it subject to conditions that will resolve the anti-competitive concern.    <<More>>

Stricter Fining Regime with Leniency Programme
International Law Office, April 30, 2009

Recent amendments to the Law on the Protection of Competition (4054) introduced a stricter fining regime, together with a leniency and immunity programme for infringing companies. Steps are now being taken to implement this new and revised legislation.   <<More>>

NCC Sets Out New Policy Goals
International Law Office, April 29, 2009

Since the new National Communications Commission (NCC) was formed in August 2008, the seven newly elected commissioners have attempted to complete the tasks left unfinished by the previous commissioners, while also setting out new policy goals.   <<More>>

Support Plans for Banks
International Law Office, April 24, 2009

The state support plan for Greek banks, which aims to enhance liquidity in the domestic market, is facing a number of implementation difficulties. Efforts are being made to find viable solutions within the state support plan, given the shortage of resources.   <<More>>

EC Investigates Swedish Electricity TSO
Europa, April 23, 2009

The European Commission (EC) believes that Svenska Kraftnät (SvK), the Swedish Electricity Transmission System Operator (TSO) may be abusing its monopoly position as the Swedish monopoly electricity transmission service provider by limiting export transmission capacity on Swedish interconnectors to neighbouring countries and thereby hindering the proper functioning of the Single Market in electricity.  <<More>>

New Penalty Regime for Misuse of Slots
International Law Office, April 08, 2009

The Belgium Parliament adopted a new law amending the Air Navigation Act 1937 on December 22, 2008. The main purpose of the reform is to introduce a new infringement regime for misusing slots at Brussels National airport in accordance with Article 14(5). The new rules entered into force on January 08, 2009.   <<More>>

German Regulator Probes Utilities Over Power Price
news.morningstar.com, April 17, 2009

Germany's Federal Cartel Office confirmed it has launched an investigation into the country's electricity market. The cartel office said the investigation will focus on whether power generators are holding back generation capacity to keep prices artificially high.<<More>>

Brussels Clears Aid to Royal Mail
Financial Times, April 09, 2009

Government support for Royal Mail, totalling US$3.89bn, was approved by Brussels under European Union state aid rules after a two-year probe triggered by complaints from rivals. The European Commission said that three loan measures, totalling US$2.5bn and granted in 2001, 2003 and 2007, had been given on commercial terms. Accordingly, it found that these were free of state aid.<<More>>

EU probing state aid for Fortis unit
Irish Times, April 08, 2009

The Dutch government's nationalisation of Fortis' Dutch banking unit and its recently acquired ABN AMRO operation may have breached European Union state aid rules. Competition Commissioner Neelie Kroes said, "At this stage, the Commission has reason to believe that the measures may not be in line with its communications on state aid to banks during the crisis". <<More>>

Aviation Sector Prepares for Take-Off
International Law Office, April 08, 2009

Malta is committed to establishing itself as a leading jurisdiction for aircraft registration. Plans were recently announced to reform the local regulatory framework and develop the registration of aircraft into a niche sector, with the potential of spearheading the creation of a cluster of aviation services. <<More>>

EU Charges Visa Europe Over Fees
Wall Street Journal, April 07, 2009

European Union regulators brought antitrust charges against Visa Europe, saying certain fees assessed on some Visa card transactions are too high and violate the 27-nation bloc's competition rules. The move comes after MasterCard Inc. agreed to lower similar fees in its card network, under pressure from regulators, while it pursues an appeal of an earlier ruling condemning them. <<More>>

Spanish Regulator Fines Power Firms
Times Online, April 06, 2009

Four Spanish energy companies were fined nearly US$47mn for restricting competition in the country’s electricity market and blocking the entry of newcomers including Centrica, the owner of British Gas.  <<More>>

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