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January Update Live

January 14, 2014

We are pleased to announce the first ever online-only update the 7th edition of Bellamy & Child: European Union Law of Competition. The most significant developments since the 7th Edition are:

(a) The General Court’s dismissal of the appeals against the Commission’s decisions in Bananas (Cases T-587/08 Fresh Del Monte Produce v Commission, and T-588/08 Dole Food Company v Commission, judgments of 14 March 2013) and Cartes Bancaires (Case T-491/07 Cartes Bancaires v Commission, judgment of 29 November 2012);

(b) The General Court allowing twenty one, out of twenty two, appeals against the Commission’s Collecting Societies (‘CISAC’) decision finding an unlawful concerted practice. All the appellants but one contested the Commission’s conclusion that there was a concerted practice, and the General Court considered there was a plausible alternative explanation for the societies’ conduct, which, in the absence of evidence of them acting in concert, was sufficient basis for annulling this part of the Commission’s decision. The General Court did not allow the one remaining appellant to adopt the submissions of the others, however, and so in one judgment it went on to consider, and reject, the arguments which that appellant had raised, on the effect of the practice and the application of Article 101(3). The Court dismissed the appeals brought against the part of the Commission’s decision finding that the membership and exclusivity clauses in the societies’ model contract breached Article 101;

(c) The Court of Justice’s dismissal of the appeals in Ėditions Odile Jacob (Case C-551/10P, judgment of 6 November 2012, [2013] 4 CMLR 11, and Cases C-553& C-554/10P, judgment of 6 November 2012) and in Case C-457/10P Astra Zeneca v Commission, judgment of 6 December 2012, [2013] 4 CMLR 233;

(d) The General Court’s rejection of the appeals against the decision to impose a fine for implementing the Electrabel merger, and against the fines imposed in the Dutch Bitumen and Calcium Carbide antitrust decisions.

As the online update is issued more frequently than previous Supplements, there are some chapters where the law remains substantially as stated in the main text. For a complete overview of the most recent update, please read the Preface and Highlights of the Update to the 7th Edition.