EU - The way ahead for the Broadcasting Communication

(RAPID)
Speech by Neelie Kroes, European Commissioner for Competition Policy, Broadcasting conference, Strasbourg, 17 July 2008

Labels: Audiovisual, Competition

EU - State aid for broadcasting

(RAPID)
Speech by Neelie Kroes, European Commissioner for Competition Policy, Medienforum, Cologne, 9th June 2008

Labels: Audiovisual, Competition

UK - Call for controls on BBC website

(BBC)
There should be tighter controls on the management of the BBC's website - in part to prevent it stifling commercial rivals, the BBC Trust has said. After reviewing bbc.co.uk, the trust said it was "an excellent service" but that its content had to be different from that on rival websites. And it criticised the site's management for a £3.5m overspend last year.

Labels: Audiovisual, Competition

EU - Commission clears TomTom's proposed acquisition of digital map provider Tele Atlas

(RAPID)
The European Commission has approved under the EU Merger Regulation the proposed acquisition of Tele Atlas by TomTom, both of the Netherlands. Tele Atlas is a provider of navigable digital maps and TomTom produces portable navigation devices (PNDs - often known as satellite navigation devices or SatNavs).

Labels: Competition

EU - BECTA to appeal about Microsoft Interoperability issue

(ITProPortal.com)
The British Educational Communications and Technology Agency (BECTA) is going forward with plans to appeal to the European Commission over the interoperability of Microsoft Products that are commonly used in the UK Education sector. BECTA has been pursuing two separate complaints, one regarding the way Microsoft licenses its products to schools and the other with regards to compatibility problems that have been plaguing Office 2007, especially when it comes to backward compatibility with Microsoft's own Office 2003 and Microsoft Works.

Labels: Competition, Open_source_open_access

EU - Microsoft appeals €899m EU fine

(Guardian)
Microsoft raised the stakes again in its long-running legal battle with the European Commission by lodging an appeal with the Court of First Instance against the record €899m fine imposed on February 27.

Labels: Competition

EU - Commission clears proposed acquisition of DoubleClick by Google

(RAPID)
The European Commission has cleared under the EU Merger Regulation the proposed acquisition of the online advertising technology company DoubleClick by Google, both of the US. The Commission?s in-depth investigation concluded that the transaction would be unlikely to have harmful effects on consumers, either in ad serving or in intermediation in online advertising markets. The Commission has therefore concluded that the transaction would not significantly impede effective competition within the European Economic Area (EEA) or a significant part of it.

Labels: Competition

EU sends TomTom formal objections to Tele Atlas deal

(Reuters)
The European Commission is sending a "statement of objections" to TomTom on its plans to purchase map supplier Tele Atlas. TomTom, the world's biggest maker of car navigation devices, had offered some remedies to meet concerns within the European Commission that the deal would be anti-competitive but, the European Union executive was unable to accept them before the deadline for sending the "statement of objections" . The statement does not, however, mean the deal will be rejected. Instead, TomTom will have to come up with better remedies. The deadline for a decision is May 5.

Labels: Competition

EU - EC fines Microsoft record $1.4bn

(BBC News)
The European Commission has fined US computer giant Microsoft for defying sanctions imposed on it for anti-competitive behaviour. Microsoft must now pay a record 899m euros ($1.4bn; £680.9m) after it failed to comply with a 2004 ruling that it abused its position. The ruling said that Microsoft was guilty of not providing key code to rival software makers. see also Commission Press Release and frequently asked questions

Labels: Competition

Microsoft, Yahoo! and Google

(Economist)
Microsoft should be allowed to buy Yahoo! - and Google should be free to fight back. see also When clouds collide and A $45 billion bet (Economist)

Labels: Competition, Market

EU - EC launches new Microsoft probes

(BBC)
The European Commission is launching two new anti-competition investigations against US computer giant Microsoft. The first will look at whether Microsoft unfairly ties its Explorer internet browser to its Windows operating system. In a parallel probe, the Commission will look at the interoperability of Microsoft software with rival products.

Labels: Competition

DE - Commission launches public consultation on State funding of public service broadcasting

(RAPID)
The European Commission has published a consultation paper on the future framework which will apply to State funding of public service broadcasting. This consultation gives Member States and stakeholders the opportunity to submit their views at an early stage, before any Commission proposal, on the possible revision of the Broadcasting Communication. Comments should be submitted by 10 March 2008. Having reviewed the comments, the Commission may come forward later this year with a proposal for a revised Broadcasting Communication, with a view to its adoption in the first half of 2009.

Labels: Audiovisual, Competition

EU - Commission authorises French aid scheme for video game creation

(RAPID)
The European Commission has authorised, under the EC Treaty rules on state aid, a French tax credit aimed at encouraging video game creation. This tax credit may be granted only to video games that meet the criteria of quality, originality, and contributing to cultural diversity. After an in-depth investigation, the Commission has concluded that this measure qualifies for the exemption provided for by the EC Treaty for aid to promote culture. See also UK Government and ELSPA speak out on French tax breaks (MCV).

Labels: Competition, Digital_content, Video_games

EU - Commission authorises French aid scheme for video game creation

(RAPID)
The European Commission has authorised, under the EC Treaty rules on state aid, a French tax credit aimed at encouraging video game creation. This tax credit may be granted only to video games that meet the criteria of quality, originality, and contributing to cultural diversity. After an in-depth investigation that began in 2006, the Commission has concluded that this measure qualifies for the exemption provided for by the EC Treaty for aid to promote culture.

Labels: Competition, Video_games

EU - Commission advocates more competition in airline ticket distribution

(RAPDI)
The European Commission has adopted a proposal to simplify and modernise the two-decade-old rules for computerised reservation systems (CRS). These systems are used by travel agents to book airline tickets on behalf of their customers. The revised rules will allow CRSs and subscribing travel agents to expand their offer and better compete in the airline distribution market. See Q&A on the revised rules for computerised airline ticket reservation systems

Labels: Competition, Consumer_protection

EU - Commission fines professional videotape producers over ?74 million for price fixing cartel

(RAPID)
The European Commission has imposed a total of ? 74 790 000 fines on Sony, Fuji and Maxell for fixing prices for professional videotapes sold to customers in Europe, in violation of the EC Treaty?s ban on cartels and restrictive business practices (Article 81). Between 1999 and 2002, Sony, Fuji and Maxell managed to raise or otherwise control prices through a series of regular meetings and other illicit contacts. Sony's fine has been increased by 30% for obstructing the Commission's investigation during on-site inspections at its premises. Fuji's and Maxell's fines are reduced by 40% and 20% respectively because they co-operated with the investigation. For the calculation of the fines, the Commission applied for the first time its new 2006 Guidelines.

Labels: Competition

EU - Commission approves proposed acquisition of Tele2 Italy and Tele2 Spain by Vodafone

(RAPID)
The European Commission has cleared under the EU Merger Regulation the proposed acquisition of the Spanish and Italian subsidiaries of the Swedish telecommunications group Tele2 AB by the UK-based telecommunications group Vodafone. The Commission concluded that the transaction would not significantly impede effective competition in the European Economic Area (EEA) or any substantial part of it.

Labels: Competition

EU - Commission opens in-depth investigation into Tom Tom's proposed acquisition of Tele Atlas

(RAPID)
The European Commission has opened a detailed investigation under the EU merger regulation into TomTom's proposed acquisition of Tele Atlas, both of The Netherlands. TomTom produces portable navigation devices (PNDs) and Tele Atlas is one of two producers of navigable digital maps, a crucial input for PND manufacturers.

Labels: Competition

EU will investigate Google deal

(BBC)
European Union regulators have launched an in-depth investigation into Google's $3.1bn takeover of online advertising firm DoubleClick. The EU Commission said its initial probe had shown the deal would raise competition concerns. It has set itself a deadline of 2 April 2008 to reach a decision

Labels: Competition

EU - Regulators and EU agree over splitting telecoms companies

(EurActiv)
At a meeting with top officials of the Italian regulatory authority for telecommunications, Information Society Commissioner Viviane Reding was determined to introduce functional separation as a "last-resort remedy" in telecoms liberalisation. Reding reaffirmed her conviction that "national telecoms regulators should be given this tool that can promote both competition and investment". She stressed, however, that the disputed splitting-up of telecoms incumbents should be applied only as a "last-resort remedy to address the stubborn cases where other remedies have failed".

Labels: Competition, Telecommunications

EU - Antitrust probe against Qualcomm

(Reuters)
The European Commission launches a formal antitrust proceedings against U.S. chipmaker Qualcomm after complaints that its patent licensing for third-generation mobile telephones broke competition rules.

Labels: Competition, Mobile_and_wireless

US - Google defends DoubleClick bid

(Computing)
Google has stepped up its battle to acquire advertising group DoubleClick, as the company's chief legal officer appeared before the US Congress. David Drummond told the Senate hearing that the proposed $3.1bn deal would be beneficial to the public and US enterprise. A subcommittee of the Senate Committee on the Judiciary will decide if the merger risks infringing on privacy and antitrust rules. The attack on Google's planned purchase has been led by key rival Microsoft. The software giant's general counsel, Brad Smith, told the hearing that acquiring DoubleClick would make Google, "the overwhelmingly dominant pipeline for all forms of online advertising."

Labels: Competition, Data_protection_privacy

EU - Microsoft loses anti-trust appeal

(BBC)
Microsoft has lost its appeal against a record 497m euro fine imposed by the European Commission in a long-running competition dispute. The European Court of First Instance upheld the ruling that Microsoft had abused its dominant market position.

Labels: Competition

EU asks the customers' opinion on the DoubleClick-Google affair

(EDRI-gram)
As Google plans to buy out U.S. web advertising supplier DoubleClick, the European Commission has already sent questionnaires to Google customers on the matter, even before Google has actually filed to the European Union's top antitrust regulator for the purchase. This is considered a rather unusual step as although the European Commission has frequently sent questionnaires to customers, it has done so once a deal has been formally filed and not before.

Labels: Competition

EU - Microsoft antitrust decision 'to make or break EC'

(Silicon News)
When a European court hands down its landmark Microsoft antitrust decision next week, at stake will be nothing less than the power of the European Commission to regulate the high-tech industry. The decision by the 13-judge Grand Chamber of the Court of First Instance in Luxembourg will determine whether the European Union's executive arm ruled properly in 2004 that Microsoft used its near-monopoly Windows system to push rivals out of the marketplace.

Labels: Competition

EU - Commission authorises acquisition of Télé 2 France by SFR

(RAPID)
The European Commission has approved under the EU Merger Regulation the purchase of the fixed telephony and Internet access businesses of Télé 2 France by the French mobile telephony operator SFR. When it was originally notified, the planned operation raised serious competition concerns in pay-TV markets in France and the Commission launched an in-depth investigation. These concerns have been addressed by commitments guaranteeing DSL operators equal treatment with the new entity as regards access to television content owned by the Vivendi group, of which SFR forms part. In the light of these commitments, the Commission has now concluded that the merger will not significantly impede effective competition in the European Economic Area (EEA) or any substantial part of it.

Labels: Competition

EU - Commission ends Court proceedings against Hungary after amendment of Media Act

(RAPID)
The European Commission has withdrawn its pending case at the Court of Justice against Hungary after the latter abolished a provision of its Media Act that prevented cable operators from providing cable TV services to more than one third of the Hungarian population. The provision had limited competition on the markets for cable TV and broadband internet services in Hungary: such a lack of competition typically leads to higher prices, less innovation and slower take-up of these services. The relevant provision of the Hungarian Media Act prevented the consolidation of the cable networks, in breach of the Commission Directive on electronic communications, but this has now been abolished.

Labels: Competition

EU - Commission approves proposed joint venture between SES Astra and Eutelsat

(RAPID)
The European Commission has approved under the EU Merger Regulation the creation of a joint venture between SES Astra of Luxembourg and Eutelsat of France for the provision of satellite infrastructure for broadcasting mobile TV as well as voice and data communication services to mobile devices. The Commission concluded that the transaction would not significantly impede effective competition in the European Economic Area (EEA) or any substantial part of it.

Labels: Competition

EU - Commission confirms sending of Statement of Objections to Intel

(RAPID) The European Commission has sent a Statement of Objections (SO) to Intel on 26th July 2007. The SO outlines the Commission's preliminary view that Intel has infringed the EC Treaty rules on abuse of a dominant position (Article 82) with the aim of excluding its main rival, AMD, from the x86 Computer Processing Units (CPU) market

Labels: Competition

EU - Start of reduced mobile phone roaming charges

(BBC)
Mobile phone companies have to cut by up to 70% the amount they charge customers for making and receiving calls between EU countries. Under the new EU rules, the companies have to offer customers now a new pricing structure, with cheaper "roaming" fees.

Labels: Competition, Mobile_and_wireless, Telecommunications

EU - EC issues charges against Intel

(Reuters)
The European Commission issued formal charges against Intel for allegedly using illegal tactics against smaller rival Advanced Micro Devices. The Commission has spent years investigating Intel's tactics to determine whether it acted unfairly to preserve its dominance over AMD.

Labels: Competition

EU - Commission fines Telefónica over €151 million

(RAPID)
The European Commission has fined the Spanish incumbent telecoms operator Telefónica €151 875 000 for a very serious abuse of its dominant position in the Spanish broadband market. Telefónica imposed unfair prices in the form of a margin squeeze between the wholesale prices it charged to competitors and the retail prices it charged to its own customers. In so doing, Telefónica weakened its competitors, making their continued presence and growth difficult: competitors were forced to make losses if they wanted to match Telefónica's retail prices. With high wholesale costs and weakened retail competition on the broadband market, Spanish consumers pay 20% more than the EU-15 average for broadband access. The Spanish broadband penetration rate is 20% below EU-15 average, and its growth is nearly 30% below that of the EU-15. see also frequently asked questions and Press conference on Telefónica decision – introductory remarks Neelie Kroes European Commissioner for Competition Policy, Press conference, Brussels, 4th July 2007.

Labels: Competition, Internet_access_and_use

EU - State aid: Commission maintains current rules for film and TV production

(RAPID)
The European Commission has adopted a Communication extending until 31st December 2009 at the latest the application of the current rules on state aid to cinematographic and other audiovisual works. This Cinema Communication extends the rules laid down in the previous Communications of 2001 and 2004. This continuity should further encourage Europe's audiovisual industry by maintaining the current conditions and thereby helping the industry to face future challenges in a highly competitive market.

Labels: Competition

EU - Broadband rollout and competition policy ? what role for public funding?

Neelie Kroes, European Commissioner for Competition Policy, 'Bridging the Broadband Gap' Conference, Brussels, 15th May 2007

Labels: Competition

EU - Microsoft asks EC for more details on licensing fees

(CNET News)
The software giant, in response to the Commission's statement of objections over pricing for licensing its Work Group Server protocol technology, said it will waive its right to a hearing on the matter and continue discussions with the antitrust agency. The issue centers on whether Microsoft is providing its Windows Server protocol technology under "reasonable and nondiscriminatory" terms.

Labels: Competition

EU - Q&A: iTunes price probe

(BBC)
The European Commission is investigating Apple and some of the world's top record companies over how they sell music through the firm's online iTunes store in Europe. Brussels says commercial agreements between the companies limit consumer choice and violate EU laws governing the single market. Brussels is not quibbling about iTunes' dominance of the market but, rather, how it goes about selling its songs to music lovers across Europe. Consumers can currently only download songs from the iTunes website in their own country, preventing someone in Belgium buying tracks from the British version of the site.

Labels: Competition

EU - European Commission acts against iTunes

The European Commission can confirm that it has sent a Statement of Objections to major record companies and Apple in relation to agreements between each record company and Apple that restrict music sales: consumers can only buy music from the iTunes' on-line store in their country of residence. Consumers are thus restricted in their choice of where to buy music, and consequently what music is available, and at what price. see also EU price probe into Apple iTunes (BBC)

Labels: Competition

US - Microsoft not meeting deadlines in antitrust settlement

(CNET News)
Federal antitrust officials have expressed growing concern that Microsoft is falling behind on deadlines to revise technical documentation to licensees. As part of the 2002 consent decree that came out of an antitrust settlement, Microsoft is required to disclose server protocols to rivals as a means to allow interoperability between the parties' products.

Labels: Competition

EU - Kroes sounds bugle for next Microsoft battle

(EurActiv)
The Commission's anti-trust chief has sent another objection to Microsoft, questioning the software giant's pricing policy for granting access to information on its server protocols.

Labels: Competition

US - New blow for Microsoft in EU row

(BBC)
Microsoft has lost the latest round of its battle against sanctions in Europe. A US judge quashed the firm's demands that rival Novell hand over documents it presented to the European Commission for use in an anti-trust case. The judge in the case said he had turned down the request as Microsoft was trying to 'circumvent and undermine' European law. Microsoft is fighting a European Union (EU) ruling that could trigger fines of up to 2m euros ($2.4m; £1.4m) a day.

Labels: Competition

EU - Role of the Monitoring Trustee in the Microsoft case

(RAPID)
The European Commission has published its Decision defining the role of the Trustee in the Microsoft case, the curriculum vitae of the Monitoring Trustee, as well as the curricula vitae of his advisors. The Trustee Decision is the formal document which sets the parameters for the Trustee?s work in monitoring Microsoft?s compliance with the March 2004 Decision (see IP/04/382) in order to advise the Commission on that compliance.

Labels: Competition

EU - Microsoft accuses Brussels of collusion

Microsoft was warned that its behaviour was leading inexorably towards large fines from the European Commission after the US software giant accused the competition body of colluding with the company's rivals. Neelie Kroes, European Union competition commissioner, said: "If we pursue the line we are following now, there will be fines and they won't be small fines." The Commission was accused by Microsoft of "secret collaboration" with the group's rivals and violating its rights of defence.

Labels: Competition

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.

Labels: Competition

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.

Labels: Competition

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.

Labels: Competition

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.

Labels: Competition

EU - Microsoft pays fine in full

(CNET News.com)
Microsoft has paid the $600 million fine handed down by the European Commission in its antitrust ruling against the company. Microsoft deposited the payment in an escrow account while the company's appeal is taking place. While Microsoft had the option of submitting a promissory note in place of such a payout until proceedings are complete, the company dipped into its massive cash reserves, estimated at $50 billion, to cover the largest antitrust fine ever levied against a company by the European Union. see also Microsoft wants EU to learn from its U.S. victory (Reuters).

Labels: Competition

EU - Microsoft likely to gain stay of competition ruling, lawyers say

(International Herald Tribune)
Microsoft is likely to win a temporary reprieve of the European Commission's order for it to sell a version of Windows operating system without Media Player software included. In a landmark defeat for Microsoft, the commission in March ordered the U.S. software company to restore competition to the European software market by selling a version of Windows with Microsoft's own music and video player stripped out. The order takes effect later this month. Microsoft will ask the court to suspend that order until July and will seek a similar suspension for another order that requires the company to reveal more information about the Windows software code to rivals.

Labels: Competition

EU - Microsoft to fight record fine

(BBC)
Microsoft, the world's largest software company, has appealed against a European Union ruling that it abused its dominant market position. In March, Microsoft was hit with a record fine of 497m euros and ordered to change how it operates.

Labels: Competition

Microsoft refines image after EU ruling

(International Herald Tribune)
As Microsoft prepares its response to an adverse ruling from European antitrust regulators, the software powerhouse is stepping up efforts to portray itself as every consumer's best friend, rather than the bullying monopolist depicted in Brussels.

Labels: Competition