【一次資料集－Headline 2003（後半）】
December
2003-12-31 OFT
Newly added!
2003-12-31 OFT
Newly added!
2003-12-25 総務省
「電波有効利用政策研究会 電波利用料制度見直しのための論点整理」に関する意見の募集
2003-12-24 JFTC
cf.2003-10-28
2003-12-23 DOJ
Press Release: Statement
by Assistant Attorney General R. Hewitt Pate Regarding the Closing of the
Digital Music Investigation
Investigation Reveals the Major Record Labels' Joint
Ventures, pressplay and MusicNet, Have Not Harmed Consumers or Reduced
Competition
2003-12-23 DTI
Hewitt
accepts undertakings from Centrica
cf.2003-08-01 DTI,
CC, OFT
2003-12-22 FCC
December
18th Remarks of Chairman Powell at the Chicago Economic Club, Chicago, Illinois
2003-12-22 OFT
Competition Act Enforcement
– only one competent authority may launch a formal investigation into the same
conduct / Enterprise Act investigations and references – OFT and Ofcom
will consult each other / Other duties – BBC independent productions
monitoring by Ofcom, Channel 3 networking arrangements primarily by Ofcom and
partly by OFT, Channel 3 news provision by OFT and Ofcom jointly
2003-12-19 FCC,
DOJ 
Subject to Conditions, Commission Approves
Transaction Between General Motors Corp., Hughes Electronics Corp. and the News
Corporation Ltd
Press Release: Justice
Department Will Not Challenge News Corp.'s Acquisition of Hughes Electronics
Corp Newly added!
vertical nature of the merger is likely to give News Corp
incentive to ability to increase prices paid by MVPDs by temporarily
withholding or threatening to withhold owned and operated broadcast TV stations
and its RSN (Regional Sports Networks) programming...the main point for the
remedy
2003-12-19 FCC
2003-12-19 EC
Speechs by Philip LOWE
Developments
in EC competition policy, Richard Butler's Annual Competition Forum,
London, UK, 29.11.2002
Review
of the EC Merger Regulation - forging a way ahead, European Merger Control
Conference, Brussels, Belgium, 08.11.2002
The
substantive standard for merger control, and the treatment of efficiuencies in
merger analysis: an EU perspective, Fordham Annual Antitrust Conference,
Fordham, USA, 30.10.2002
Competition
Policy and Economic Development - a view from the European Commission, ICC
Competition Commission, New York, USA, 30.10.2002
Future
directions for EU Competition Policy, Center for European Policy Studies,
Brussels, Belgium, 11.10.2002
Funktion,
Finanzierung und Transparenz des öffentlich-rechtlichen Rundfunks in der EU
(de), Liaison Office of Saarland, Brussels, Belgium, 19.09.2002
2003-12-19 EC
Air
transport: airlines asked to explain price discrimination practices
Commission services have written today to 18 European
airlines, asking them if and why they charge different prices for identical
flights to residents of different EU countries. Airlines have until the end of
February 2004 to react
2003-12-19 EC
As of 1 January 2005 the new definition of small and medium
sized enterprise ("SME") - adopted earlier this year - will be
integrated into the Commission regulations on training aid and on aid to SMEs.
In addition, the scope of the Commission regulation that governs State aid for
research and development (R&D) will be extended to cover such aid in favour
of SMEs
- No 68/2001 of
12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to
training aid
- No 70/2001 of
12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to
State aid to small and medium-sized enterprises (SME)
2003-12-19 EC
First
Commission decision on restructuring of Czech bank – State Aid “interim
mechanism”
2003-12-19 EC
predatory pricing, preventing alternative providers of
infrastructure from entering the market for the provision of broadband networks
and services
2003-12-19 EC
Results
from Spectrum Trading Workshop published
2003-12-19 Oftel/Ofcom
Oftel
notifies EC of proposals for mobile regulation
OFTEL
PUBLICATION: Wholesale Mobile Voice Call Termination
2003-12-19 CC
NFU/Milk
Marque/CC resolve litigation
Following the ECJ’s judgment (preliminary judgment),
which makes clear the freedom of member states to apply competition law in the
agriculture sector, litigation resolved
2003-12-19 OFT
2003-12-18 RealNetworks
RealNetworks
files antitrust lawsuit against Microsoft
2003-12-18 FTC
2003-12-18 DOJ,
FTC
Announcement
of a Workshop on Merger Enforcement
Merger
Challenges Data, Fiscal Years 1999 - 2003
cf.2003-12-15
2003-12-18 EC
Speech
delivered by Philip Lowe at the Fordham Antitrust Conference
Speech by Philip LOWE, Thirtieth annual conference on
international antitrust law and policy, Fordham, USA, 23.10.2003
2003-12-18 EC
Public
procurement: Commission acts to ensure six Member States apply EU rules
2003-12-18 Oftel/Ofcom
Oftel Publication: Review of
the retail leased lines, symmetric broadband origination and wholesale trunk
segments markets
2003-12-18 Ofcom
New
codes process for independent producers announced by Ofcom
2003-12-18 Oftel/Ofcom
Oftel News Release: Oftel
publishes 2003 annual report
Oftel Publication: Oftel
2003 annual report
2003-12-18 DTI,
OFT, CC
DTI:
Extended
Warranty Market Unfair to Consumers
OFT:
Competition Commission:
Extended
warranties on domestic electrical goods: Report published
Warranties
market opened up to greater competition
2003-12-18 OFT
OFT refers
proposed acquisition by Drager Medical of Air-Shields
2003-12-17 CFI
Judgment
of the Court of First Instance in Case T-219/99 British Airways /
Commission
The performance reward schemes used by British
Airways to calculate travel agents' commissions constitutes an abuse of the
dominant position held by British Airways on the United Kingdom market for air
travel agency services
2003-12-17 EC
Commission
clears the proposed acquisition of Midlands Electricity by E.ON.
2003-12-17 EC
Postal
services: France before the Court over the non-implementation of two postal
Directives – Internal Market
2003-12-17 EC
Free
movement of capital: Commission takes the Netherlands to Court of Justice on
special powers in KPN and TNT – Internal Market
”golden share” rules
2003-12-17 EC
Internal
Market: Commission acts to ensure eleven Member States implement EU laws –
Internal Market
2003-12-17 EC
2003-12-17 総務省
次期BSアナログ放送への受委託制度適用、９チャンネル利用割り当て方針－既存事業者・新技術取り組み事業者
2003-12-16 FCC
2003-12-16 EC
Commission
adopts merger control guidelines – Merger Review
Horizontal Guidelines, which explain market share
criteria (HHI Index) to intervene, consideration of efficiency claims, buyer
power, failing firm defence and so on, adopted
2003-12-16 EC
Commission
reaches provisional agreement with FA Premier League and BSkyB over football
rights
COMP/38.828
- PO / FA Premier League Limited + British Sky Broadcasting plc / COMP/38.453
- FAPL+Sky / COMP/38.173
– PO / The Football Association Premier League Limited --- Publicity
two-stage approach: creating opportunities for
broadcasters other than BSkyB now, and even greater opportunities in the future
2003-12-16 EC
State Aid
decisions
Final
decision on tax aid for takeovers of ailing companies
2003-12-16 EC
2003-12-16 EC
European
Commission presents new roadmap for short-and medium term update of EU
audiovisual policy
Communication
on the future of European regulatory audiovisual policy COM(2003)784final
adopted on 15.12.2003
2003-12-16 Ofcom
Ofcom
Open day - A User's Guide to Ofcom – Presentation
2003-12-16 Oftel/Ofcom
Oftel
and Ofcom publish proposed regulation of Wholesale Broadband Access Market
proposed Market Definition and SMP - (i) asymmetric
broadband origination market in the UK [SMP: BT], (ii) in the Hull area [SMP:
Kingston], (iii) broadband conveyance market in the UK [SMP: BT]
2003-12-15 DOJ
Press Release: Justice
Department Reaches Settlement With First Data and Concord EFS - First Data
to Divest Entire Interest in NYCE Corporation to Resolve Department's Concerns:
Settlement Protects American Businesses and Consumers
2003-12-15 DTI 
Newly
added!
Government
launches consultation on Media Merger Guidance
guidance for the Minister to intervene in the case of
‘media public interest': newspaper merger considerations are untouched under
the past FTA / broadcasting and cross-media public interest considerations are
plurality of persons with control of media enterprises; range of broadcasting;
commitment to the broadcasting standard objectives...but intervention will be
limited to the areas covering the removed media ownership rules, also applied
under 4064/89/EEC, Article 21(3) [ECMR]
2003-12-12,13 European
Council
Brussels
European Council 12 December 2003 PRESIDENCY CONCLUSIONS
IGC
President
Prodi statement at the IGC final press conference Newly added!
"Total
Disagreement On Voting System"
Italian
Presidency's proposals
2003-12-12 HSMO
No.3142(C. 125) The Office of Communications
Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2)
Order 2003
No.3180 The Enterprise Act 2002
and Media Mergers (Consequential Amendments) Order 2003
No.3142 commences the provisions of the Act relating
to newspaper and other media mergers, No.3180 is The Enterprise Act 2002 and
Media Mergers (Consequential Amendments) Order 2003 (SI 2003/3180); most of the
amendments will come into force on 29th December 2003
2003-12-12 Ofcom
Ofcom
announces Strategic Review of UK telecommunications sector
2003-12-12 総務省
平成１５年度電気通信サービスモニターに対する第１回アンケート調査結果
2003-12-11 EC
EU-US:
Commission urges US to reconsider Iraq reconstruction contracts decision
2003-12-11 DCMS,
BBC 
"Your
BBC, Your Say" - Jowell launches biggest ever public debate on future of
the BBC
Information site: The document The Review of the BBC's
Royal Charter and further information on the BBC and Charter Review
Phase 1 (Open Consultation, Commissioning and
Gathering of research and reviews [including Ofcom’s review on PSB and DCMS’s
ongoing reviews on online, new services]) has started; Phase 2 – publish Green
Paper (Beginning 2005); Phase 3 – publish White Paper (Autumn 2005); Completion
– Mid 2006
BBC
statement in response to DCMS questions
Information site: The BBC's
Charter Review website
2003-12-11 OFT
OFT to
appeal merger reference judgment - IBA Health v Office of Fair Trading
cf.2003-12-05 OFT
2003-12-11 OFT
2003-12-11 JFTC
塩化ビニル樹脂向けモディファイヤーの製造販売業者に対する勧告について
2003-12-10 EC
Commission
approves alliance between BA and Iberia – State Aid
BA and Iberia undertook to release enough landing and
take-off slots at London Gatwick and Madrid for one competitor to be able to
operate four daily services
cf. related issue: One
Single sky for the whole EU
2003-12-10 EC
Commission
proposes rules for first-ever "de minimis" aid in agriculture and
fisheries – State Aid
CAP
reform: Commission introduces simplified agricultural state aid regime
Commissioner Franz Fischler, responsible for
Agriculture, Rural Development and Fisheries, said: “The formal adoption of
this regulation comes on the same day that the Commission is proposing a draft
"de minimis" rule for state aid in the agriculture sector (the upper
one). Both regulations show that the Commission is willing to take bold steps
to simplify the regulatory framework for agriculture."
2003-12-10 EC
[application of the method laid down in the
communication on the application of state aid rules to public service
broadcasting] ad hoc aid is limited to compensation for the costs of public
service obligations; to ensure the same conditions of competition on commercial
markets, EC proposes “appropriate measures”…sufficient guarantee for no
overcompensation; cf. EC also checked the public service obligations and
considered them as a service of general interest.
cf.2003-10-15 EC
2003-12-10 EC
State
aid: Commission approves Italian scheme to encourage combined transport –
State Aid
2003-12-10 EC
Commission
authorises French and Italian aid to experimental rolling motorway service
between Lyon and Turin – State Aid
2003-12-10 EC
Commission
launches probe for state aid to Spanish steel company SOLMED – State Aid
2003-12-10 EC
Commission
launches state aid probe into apparent VAT rebate in favour of Belgian firm
UMICORE S.A. – State Aid
2003-12-10 EC
Competition
and Regulation in the Telecom Industry The way forward
Speech by Mario Monti European Commissioner for
Competition Policy
ECTA Conference Brussels, Conrad Hotel 10 December
2003
”The only type of regulation which can foster the
development of self-sustaining competitive market conditions is the regulation
which is solidly grounded on the same set of principles of which competition
makes use.” (criticizing the debate between access-based and facilities-based
competition); also mentioned the possible foreclosure activities by premium
contents holders who fear the loss of the value of TV rights
2003-12-10 EC
Il
consumatore, operatore e beneficiario della politica comunitaria di concorrenza
(it)
Speech by Mario MONTI, Commissioner for Competition
Policy
Giornata della Concorrenza, Rome, Italy, 09.12.2003
2003-12-10 Oftel/Ofcom
Oftel's
Internet and Broadband Brief
UK
passes 3 million broadband connections milestone
2003-12-10 DTI
cf.2003-10-21 DTI,
CC
2003-12-10 文化庁 Newly added!
「文化審議会著作権分科会報告書（案）」に関する意見募集について
2003-12-09 EC
Air
France and Alitalia propose competition remedies for their bilateral alliance
remedy plan – access to airport slots, allowing new
entrants to frequent flyer programmes and so forth
2003-12-09 EC
Declaration
on the start of a dialogue on competition by the EU and China with link to
press release
2003-12-09 DTI
Newly added!
Broadband
content initiative receive resounding endorsement
including KPMG’s F/S of Broadband Content Pilots
(with reference to the State Aid rules)
2003-12-09 JFTC
2003-12-08 FCC
New Media Bureau Working Paper: "Empirical
Aspects of Advertiser Preferences and Program Content of Network
Television"
by Keith S. Brown, Media Bureau, FCC and Roberto J.
Cavazos, Department of Public Administration, Florida International University
2003-12-08 FCC
Commissioner Abernathy Promotes Universal Access of
Telecommunications at Global Meeting
2003-12-08 EC
Article or Speech by Philip LOWE and Sven NORBERG:
State
Aids and Cohesion Policy
Objectives
of State Aid Policy in the European Union and in the international context
Competition
Law as a regulative factor in the globalised market economy
Applying
EU Competition Law to the newly liberalised energy markets
Die
Reform der EU-Fusionskontrolle - Die wichtigsten Neuerungen aus Sicht der
EU-Kommission (de)
EU
competition policy - the challenges ahead
Die
Reform der Fusionskontrolle und des Kartellverfahrensrechts (de)
Die
Wende in der europäischen Wettbewerbspolitik (de)
Is
Competition policy working for European business?
The
focus of DG Competition in 2003-2004
EU
Competition Policy: Meeting the challenges
Latest
developments of our competition policy
The
future shape of European merger control – brief summary of new ECMR
What's
the future for Cartel enforcement
2003-12-08 DTI,
OFT
Hewitt
accepts undertakings on Safeway mergers
cf.2003-09-26
2003-12-08 JFTC
不公正な取引方法〔取引条件等の差別取扱い〕－自社製品を低廉な価格で仕入れている一部の小売業者に対し、同程度取扱いの他の小売業者と著しく相違する販売促進費を提供、大阪府南部地域における公正な競争秩序に悪影響
2003-12-05 EC
Commission
clears GE's acquisition of Agfa's NDT business, subject to conditions
M.3136
- GE / AGFA NDT - Decision: Art. 6(2) (conditions&obligations)
2003-12-05 EC
2003-12-05 EC
Newly added!
Council
Resolution of 24 November 2003 on the deposit of cinematographic works in the
European Union, OJ C 295/5, 05.12.2003
2003-12-05 Ofcom
Ed Richards,
Senior Partner Strategy and Market Developments - Royal Television Society
Dinner, 4 December 2003 – PSB review
Ofcom’s dual purposes – to serve the interests of both
citizens and consumers
2003-12-05 OFT
cf. IBA Health
Limited v Office of Fair Trading Case No: 1023/4/1/03 Final judgment – Enterprise
Act 2002
CAT is not satisfied with the OFT’s assessment and
adds, ‘..we imply no criticism of the OFT, who had no guidance to go on as to
the proper limits of its role under the Act, as compared with that of the
Commission. It is inevitable that, with a new regime, such issues of process
need to be sorted out at an early stage.’
2003-12-05 CC
Stena
AB / P&O inquiry: Provisional findings report
cf.2003-10-07,
11-28, 12-02
2003-12-04 DOJ
Newly
added!
Speech: Telecommunications
Competition
Presented at the Practicing Law Institute, 21st
Annual Institute on Telecommunications Policy & Regulation by Assistant
Attorney General R. Hewitt Pate
Antitrust and Industry Regulation Compared – Trinko, the
Second Circuit applied “essential facilities” and “monopoly leveraging”
doctrines (DOJ and FTC jointly filed an amicus brief urging reversal)
cf.2003-11-19
2003-12-04 Ofcom
Spectrum
Efficiency Scheme Spectrum Efficiency Scheme Research contracts – call for
expressions of interest
2003-12-04 総務省
「放送局の開設の根本的基準」（昭和２５年電波監理委員会規則第２１号）及び放送法施行規則（昭和２５年電波監理委員会規則第１０号）等に係る制度改正案についての意見募集（情報通信政策局）
いわゆるマスメディア集中排除原則の緩和：(1) 緩やかな広域連携の認容、地域的連関が密接な放送局の合併・完全子会社化認容 (2) 放送法制によるfailing firm
doctrineの設定
2003-12-04 JFTC
〔私的独占〕一定の取引分野：東日本地区における戸建て住宅向けＦＴＴＨサービス、排除：分岐方式の接続料金・ユーザー料金を設定しつつ、芯線直結方式を使用してサービス販売－新規事業者の対抗料金設定困難
2003-12-03 CFI
Judgment
of the Court of First Instance in Case T-208/01 Volkswagen / Commission
CFI finds that Commission did not prove any actual
acquiescence by the dealers in Volkswagen's calls when they became aware of
them (Commission decided that such proof was not necessary, since the dealers
had, by signing a dealership agreement, tacitly acquiesced in such calls)
2003-12-03 EC
State
Aid: The Commission's plans for reform - Procedural Reform - The Significant
Impact Test - State
Aid
Speech by Philip LOWE, British Chamber of Commerce,
Brussels, Belgium, 01.12.2003
detailed explanation on Significant Impact Test
following Monti’s speech, introducing proportionality test into State Aid
assessment 2003-12-02
2003-12-03 OFT
AAH
Pharmaceuticals Ltd and East Anglian Pharmaceuticals Ltd - Cancellation of
merger reference 2003-12-23
CC Newly added!
2003-12-03 OFT
2003-12-02 DOJ
Press Release: Justice
Department Requires Restructuring of Dyno Nobel and El Paso Corporation Deal
Divestiture of Ammonium Nitrate Assets Ensures
Competitive Pricing in the Western United States
2003-12-02 EC
New
developments in State Aid Policy - State Aid
Speech by Mario MONTI, Commissioner for Competition
Policy, British Chamber of Commerce, Brussels, Belgium, 01.12.2003
future challenges of Commission; simplified procedures
(not de minimis test)…Significant Impact Test – LASA [the approach based
on the Limited Amount of State Aid] / LET [the approach based on the Limited
Effect on Trade] (a positive list), the review of the rescue and
restructuring guidelines, approach for SGEI after Altmark Trans
and Gemo (Commission will publish some new draft texts for
consultation)…procedural matter (Monti said only this was clarified the Altmark
decision), substance matter (how to avoid possible over-compensation etc.),
combined matter (possibility of exemption instrument)
2003-12-02 EC
Rechtsschutz
im Bereich grenzüberschreitender Medienzusammenschlüsse (de)
(Legal Protection in the Field of Cross-Border Media
Mergers)
Speech by Hanns Peter NEHL, Internationale
Medienenquete 2003, Wien, Austria, 28.10.2003
cf. International
Media Symposium 2003
2003-12-02 CC
Stena/P&O
Irish Sea routes - Competition Commission consults on remedies
cf.2003-10-07,
11-28
2003-12-01 Ofcom/ITC
ITC
and Ofcom announce television airtime sales rules
Decision #1: “share for ITV” deals lifted, #2: no
further rules above the CRR remedy, #3: joint selling are under Chapter I of
Competition Act, #4: conditional selling continues to be banned, #5:
withholding airtime continues to be banned
cf.2003-11-14,18 Carlton/Granada
Merger
2003-12-01 CPRC
Newly added!
競争政策研究センター発足記念国際シンポジウムの議事概要について
November
Competition
Policy Newsletter, Autumn 2003 Newly
added!
2003-11-28 FCC
FCC Releases Notice of Proposed Rulemaking Regarding
"Interference Temperature" Approach For Interference Management.
2003-11-28 EC
Mr Erkki Liikanen Member of the European Commission,
responsible for Enterprise and the Information Society
Competitiveness Council press conference Brussels, 27
November 2003
2003-11-28 CC
CC
finds anti-competitive aspects to Stena/P&O Irish sea ferry routes
cf.2003-10-07
2003-11-27 EC
Commission
welcomes agreement on new Merger Regulation – for New ECMR
Results
of the Competitiveness Council of Ministers, Brussels, 27th November 2003 Newly added!
Takeover bids was approved by the Council, not
supported by the European Commission…opt-out clause is added
2003-11-27 ECJ
Judgments
of the Court of Justice in Cases C-34/01 to C-38/01 Enirisorse – State
Aid
Allocation of a proportion of port charges to an undertaking
responsible for handling goods in ports constitutes State aid if it is not
linked to public-service duties the costs of which have been clearly defined
beforehand
2003-11-27 EC
Report adopted, in principle, by the Commission on
26.11.2003
2003-11-27 OFT
OFT investigated LSE under FSMA, which does not apply CA 1998
for Recognised Investment Exchange (RIE) = LSE
2003-11-27 OFT
2003-11-26 EC
Commission
discusses amendments to EU Constitution
2003-11-26 EC
2003-11-26 EC
2003-11-26 EC
2003-11-26 EC
EU-
WTO: European Commission proposes to put Doha Round of trade talks back on
track
2003-11-25 FCC
Report & Order on Third Generation
("3G") Rules Making 90 MHz of Spectrum Available for Broadband and
Advanced Wireless Services Released
News
Release (10/16/03)
2003-11-25 EC
Company
taxation: Commission reviews progress on removal of cross-border tax obstacles
Commission
company tax strategy - frequently asked questions
2003-11-25 ECJ
Judgment
of the Court of Justice in Case C-278/01 Commission / Spain
For the second time the Court imposes a fine on a Member
State for noncompliance with one of its judgments
cf.2000-07-04
Judgment of the Court of Justice in Case C-387/97 Commission / Hellenic Republic [First case]
2003-11-25 Ofcom/ITC
Ofcom
and ITC announce appointment of adjudicator
cf.2003-11-14,18 Carlton/Granada
Merger
2003-11-24 EC
Article or Speech by Philip LOWE:
DG
Competition's review of the policy on abuse of dominance
Convention
on the Future of Europe
How
different is EU anti-trust ? - A route map for advisors
The
interaction between the Commission and Small Member States in Merger Review
Current
issues of EU Competition Law - The new competition enforcement regime
Priorities
of competition policy, contribution to Competitiveness and challenges from
Enlargement
Facing
new challenges for EU Competition Policy
Meeting
the Challenge of Modernisation
Recent
reforms and future projects for the enforcement of the EU anti-trust system
2003-11-24 EC
"EU
Policy for the Development of the European Telecoms Sector"
Speech by Mr Erkki Liikanen Member of the European
Commission, responsible for Enterprise and the Information Society
Technology, Media and Telecoms Conference; Morgan
Stanley Barcelona, 21 November 2003
2003-11-21 FTC
Issuance
of Remarks by FTC's Policy Planning Director
Presented on November 20 at the Inaugural Symposium
of the Competition Policy Research Center of the Japanese Fair Trade Commission
in Tokyo
2003-11-21 EC
Commission
clears split of BEB's gas marketing business in Germany between ExxonMobil and
Shell
2003-11-21 DTI
Sutcliffee
gives consent to newspaper transfers
cf.2003-10-21 DTI,
CC
2003-11-20 ECJ
Judgment
of the Court of Justice in Case C-126/01 GEMO – State Aid
conditions must be met all: granted through State resources,
mitigates the charges which are normally included in the budget of an
undertaking, selectivity, affects trade between Member States; In detail,
financial cost involved in the disposal of animal carcasses and slaughterhouse
waste must be considered to be an inherent cost of the economic activities of
farmers and slaughterhouses - incompatible with Article 87(1) EC
2003-11-20 Oftel
Oftel completes
reassessment of Freeserve complaint over BTOpenworld’s 2002 broadband pricing
2003-11-20 ITC
Multi-layered
approach to broadcasting regulation
regulatory codes for radio and television
2003-11-20 JFTC
不公正な取引方法第6項〔不当廉売〕：ポイントカード分差引額が実質的な仕入価格を下回っていることから、供給に要する費用を著しく下回る価格で継続して販売し、当該店鋪の周辺地域に所在する小売業者の事業活動を困難にさせるおそれがあると判断
2003-11-19 DOJ
Presented at the American Bar Association Section of
Antitrust Law Fall Forum by Deputy Assistant Attorney General Makan Delrahim
2003-11-19 DOJ
“The antitrust
savings clause in the 1996 Act makes clear that the antitrust laws continue to
apply fully in telecommunications, and are in no way displaced by the 1996
Act's own requirements.”
2003-11-19 EC
Newly
added!
Electronic
communications market is picking up, says Commission report
9th
Report on the Implementation of the Telecommunications Regulatory Package
2003-11-19 Ofcom
Ofcom
and the Radiocommunications Agency launch joint consultation on spectrum
trading
Ofcom/RA
Joint Consultation on Spectrum Trading
2003-11-19 CC
cf.2003-09-25
DTI (not on my site)
2003-11-19 総務省
電気通信事業分野の競争状況の評価に関する基本方針」及び「電気通信事業分野の競争状況の評価に関する平成１５年度実施細目」の公表
cf.2003-10-07
2003-11-18 DOJ,
FTC
Speech: Reviewing Merger
Enforcement at the Federal Antitrust Agencies
Presented at the 2003 Annual Fall Forum ABA Section
of Antitrust Law by Assistant Attorney General R. Hewitt Pate
2003-11-18 EC
Company
law: Commission proposes Directive on cross-border mergers
Commission
proposal for a Directive on cross-border mergers - frequently asked questions
Related material: European
Company Statute
each company taking part in a cross-border mergers would,
under the Directive as proposed, do so in accordance with the laws of its own
Members State (except in specific cross-border cases) including protection,
employee’s rights and so forth
2003-11-18 Oftel
Wholesale
International Services markets – Identification and analysis of market and
Determination on market power – EU
Telecom Package
2003-11-17 FTC
FTC Grants Rolls-Royce and
Paccar, Inc. Exemption from Franchise Rule
2003-11-17 EC
Commission
probes Oracle's take over bid for PeopleSoft
The initial one-month investigation has shown that the
combination of two of the largest competitors in the market merits further
analysis especially as the number of key players would be reduced from three to
two -- Oracle and SAP -- in certain applications software markets
2003-11-17 EC
Market
Abuse: Commission publishes working document on second set of implementing
measures
2003-11-14 EC
Draft
Procedural Rules – State Aid
2003-11-14 Oftel
The
future regulation of access control services – consultation
How the Communications Act 2003 should be applied regarding
access control services…Oftel proposes that the provider of access control
services on the digital satellite platform (Sky Subscriber Services Limited)
should be obliged to provide services on fair, reasonable and
non-discriminatory terms.
2003-11-14 Oftel
Newly added!
CW/653/07/03 - Provision
of EPG services by BskyB
2003-11-14,18
Carlton/Granada Merger 
Newly
added!
Final Decision
DTI: Hewitt
accepts undertakings from Carlton and Granada
She accepted undertakings from Carlton/Granada: abide by
conditions to remedy the adverse effect on ITV Network, offer other ITV
licensees the similar conditions as the past between them and Carlton or
Granada for sales of commercial airtime, programme sponsorship and implement
CRR remedy
Detail of Contracts Rights Renewal (CRR) remedy
ITC/Ofcom:
A basic
summary of advertisers and buyers’ rights under the ITV merger
Technical
background guide to advertisers and buyers’ rights under the CRR remedy
Advice
OFT: up on2003-11-18
additional advice including OFT’s perspectives on opinions
which are not incorporated into the undertaking raised by consultation –
lock-in effect and so on
cf.2003-10-07
Further Submission2004-01-07
2003-11-13 DOJ
Newly added!
U.S. v. Alcan Inc., et al.: Competitive Impact
Statement
cf.2003-09-29
2003-11-13 FCC
FCC
Task Force Reports on Spectrum Policy Reform Progress and Initiatives
Presentation: "One Year
Later" Newly added!
2003-11-13 FCC
2003-11-13 EC
The
relationship between CAP and competition policy: Does EU competition law apply
to agriculture?
Speech by Mario MONTI, Commissioner for Competition
Policy
COGECA Conference Helsinki Fair Trade, Helsinki,
Finland, 13.11.2003
2003-11-12 EC
Commission
creates European Regulators Group for Electricity and Gas
2003-11-11 EC
2003-11-11 EC
Commission
probes measures for professional sports clubs in Italy ('Salva calcio') – State
Aid
a newly introduced accounting system which allows special
balance sheet for professional sports clubs [in this case Serie A] might breach
Accounting Directives and it leads to the possibility that the advantage
granted could be qualified as a special depreciation arrangement, prohibited as
State Aid under the recognition that some of the activities performed by sports
clubs clearly take place on international markets
2003-11-11 EC
State
aids: Commission approves aid to the Greek Post – State Aid
2003-11-11 EC
2003-11-11 EC
Discriminatory
charges on vessels: Commission presses ahead with proceedings against Finland
2003-11-11 DTI
Proposed
Newspaper Transfer: Northcliffe/certain titles of Independent News & Media
2003-11-10 EC
US
Steel Safeguard Measures: Questions & Answers
2003-11-07 DOJ
2003-11-07 FCC
2003-11-07 Oftel
2003-11-07 総務省
株式会社ケイ・オプティコムと大阪メディアポート株式会社の合併の認可－第一種電気通信事業者たる法人の合併－
2003-11-07 JFTC
株式会社ユアサコーポレーション及び日本電池株式会社の経営統合について
複占解消のための対応策－コストベースでの引受権（長期的供給権）の設置、物流サービスの提供
2003-11-06 ECJ
Judgment
of the Court of Justice in Case C-101/01 Lindqvist
Court rules for the first time on the scope of the Data
Protection Directive and Freedom of Movement for such data on the Internet
2003-11-06 EC
Recent
developments in European air transport law and policy
Speech by Professor Mario Monti European Commissioner
for Competition Policy
European Air Law Association 15th Annual Conference
Brussels, 6 November 2003
2003-11-06 Ofcom
Ofcom
Commences Full Review Of UK Public Service Broadcasting
2003-11-06 OFT
2003-11-05 FTC
Exploitation
of Microsoft Windows “Messenger Service” Causes Consumer Concern
2003-11-05 EC
Concurrence
Economique et Réglementation Politique (fr)
Speech by Mario MONTI, Commissioner for Competition
Policy
Cercle Europartenaires, Paris, France, 04.10.2003
2003-11-05 EC
Competition
Policy and Liberal Professions
2003-11-04 FCC
FCC Adopts Anti-Piracy Protection For Digital TV
2003-11-04 OFT
Newly added!
2003-11-03 OFT,
Oftel
October
2003-10 EC
Useful!
Compilation
of Commission Decisions, October 2003
2003-10-31 JFTC
〔競争者に対する取引妨害〕
2003-10-31 EC
Comments
and concluding remarks
Speech by Mario MONTI, Commissioner for Competition
Policy, European Commission, DG Competition
Conference on the "Regulation of Professional
Services, Brussels, Belgium, 28.10.2003
2003-10-31 EC
Commission
ends monitoring of FIA/Formula One compliance with 2001 settlement
COMP/38.374
- PO/FIA+FOA Monitoring (voir affaires 36638+35163) - Publicity: Press
release – other
bidding for the free-to-air TV rights, reducing the duration
of the contracts
2003-10-30 DOJ
Newly added!
U.S. v. GE and
Instrumentarium: Competitive Impact Statement
cf.2003-09-16
2003-10-30 FCC
2003-10-30 ITC/Ofcom
ITC/Ofcom
update TV Airtime Sales Consultation
cf.2003-10-07
2003-10-30 OFT
the last OFT report (next will be by the Ofcom)
2003-10-29 EC
2003-10-29 EC
Probe
into State aid schemes for publishing industry in Italy
2003-10-29 OFT
The British Academy Keynes Lecture
by John Vickers, Chairman, Office of Fair Trading
2003-10-29 総務省
放送局等の再免許 [免許条件付記]
2003-10-28 FCC
Newly added!
Court
Upholds Key Component of Powell Digital Transition Plan
2003-10-28 JFTC
新聞発表文 / 目次等 / 措置体系報告書１ / 措置体系報告書２ / 措置体系報告書３ / 独占寡占報告書 / 報告書別紙
2003-10-28 EC
Intervening
against Government restraints on Competition : Reflections from the EU
expertise
Speech by Mario MONTI, Commissioner for Competition
Policy
Lewis Bernstein Memorial Lecture Department of
Justice, Washington DC, USA, 27.10.2003
2003-10-28 BBC
BBC
and Microsoft sign Digital Curriculum contract
cf.2003-10-01
2003-10-27,30 FTC
FTC to Host Media
Roundtable to Discuss Intellectual Property Report
To Promote Innovation: The Proper Balance of
Competition and Patent Law and Policy
A Report by the Federal Trade Commission, October
2003
the first of two reports that stem from hearings convened in
February 2002 by FTC and DOJ; Muris says FTC will take to increase
communication between antitrust agencies and patent institutions by amicus
briefs in important patent cases that can affect competition and will ask the
PTO director to reexamine questionable patents that raise competitive concerns
when a substantial new question of patentability exists
2003-10-27 OFT
draft remedy plan – Contracts Rights Renewal Adjudication
Rules (the CRRA rules)
cf.2003-10-07
Carlton/Granada Merger
2003-10-27 Ofcom
Criteria
for transferring functions to co-regulatory bodies – public consultation
2003-10-27 Ofcom
Ofcom
launches consultation on future regulation of broadcast advertising –
public consultation
2003-10-24 FTC
FTC Chairman Discusses
Importance of Attacking Public Restraints on Competition
State Intervention/State Action – A. U.S. Perspective
2003-10-24 EC
EU
competition policy after May 2004
Speech by Prof. Mario Monti European Commissioner for
competition policy
Fordham Annual Conference on International Antitrust
Law and Policy New York, 24 October 2003
2003-10-24 OFT
The OFT has published the full
text of its decision regarding the anticipated acquisition by Guardian
Media Group of Trader Media Group
2003-10-24 JFTC
2003-10-23 CFI
Judgment
of the Court of First Instance in Case T-65/98 Van den Bergh Foods /
Commission
the supply of freezer cabinets to retailers, on the condition
that they were not used for third party products, is incompatible with Articles
81 and 82 EC Treaty
2003-10-23 CFI
Opinion
of Advocate General Tizzano C-240/02 ASEMPRE and Others
scope of postal services Directive [defines the area reserved
to universal service provider]: news services do not form the universal service
by ‘self-provision’ (recital 21) – even when this disturbs universal service
provider; the transfer of money – not included
2003-10-23 ECJ
Judgment
of the Court of Justice in C-245/01 RTL Television
the definition of ‘film made for television’ under Television
Without Frontiers Directive [Advertising breaks in audiovisual works] –
even if films produced for television form the outset and provided with breaks
for advertising spots; its conditions – must relates to the content e.g. the
development of the same story from one episode to another or the reappearance
of one or more characters in different episodes
2003-10-23 EC
Cross-border
mail charges between 17 European postal operators cleared until 2006 –
REIMS II
COMP/38.170
- REIMS II RENEWAL (DP+LA POSTE+DE POST+14) - Publicity: Press release -
decision
2003-10-23 EC
Commission
refers examination of BAT/ETI tobacco merger to the Italian competition
authority
2003-10-23 CC
Dominant
Firm Behaviour under UK Competition Law
Paper presented to the Fordham Corporate Law
Institute by Sir Derek Morris
Press Release: UK
now has world class competition regime says Competition Commission Chairman
history of competition regime in UK and its background
economic theories
2003-10-22 EC
Speech by Miguel MENDES PEREIRA
IBC - 8th Annual Conference, Brussels, Belgium,
10.10.2003
2003-10-22 EC
A
dynamic economy and a sound Constitution for the European Union
Speech by Romano Prodi President of the European
Commission
European Parliament - Plenary session Strasbourg, 22
October 2003
2003-10-21 CFI
Judgment
of the Court of First Instance in Case T-368/00 General Motors Nederland et
Opel Nederland / Commission – Fine
CFI essentially confirms the Commission's decision.
It considers, however, that the Commission has not succeeded in establishing
the existence of a restrictive supply measure, limiting supplies by reference
to existing sales objectives. The amount of the fine has therefore been reduced
to EUR 35 475 000.
2003-10-21 EC
Competition
Policy: Commercial And Consumer Paybacks - The European Dimension
Speech by Jürgen MENSCHING
The International Institute of communications, 34th
Annual Conference. In association with the Royal Institute of International
Affairs, London, UK, 30.09.2003
2003-10-21 EC
Sport
et télévision : Exclusivité et concurrence (fr)
Speech by Jürgen MENSCHING
Rendez-Vous International du Sport et de la
Télévision, Monaco, 17.09.2003
2003-10-21 EC
Commission
asks France to take new measures to reduce the budget deficit in 2004
2003-10-21 DTI,
CC
Commission
decision on Newsquest (London) Limited
Newsquest
(London) Limited and Independent News & Media PLC - Report Published
Transfer 10 of the 23 titles may be expected to
reduce competition (FTA 1973 requires Commission to pay attention to the need
for accurate presentation of news and free expression of opinion)
2003-10-20 EC
Challenges
in the field of sport in the enlarged EU Conference
Speech by Viviane REDING Commissioner responsible for
Education and Culture
« European Union and Sport » Budapest 20 October 2003
Dealing with sports from various perspectives --- not
just rely on competition policy
2003-10-20 EC
Commission
supports Sesame Street Stories in the Middle East
2003-10-20 EC
2003-10-20 EC
Company
taxation: Commission proposes improvements to Mergers Directive
2003-10-20 OFT
2003-10-17 DOJ
Justice Department Clears Way for Cable Television
Joint Purchasing Consortium
Press
Release / Business
Review
NCTC’s modified rule – not anticompetitive (its
principal purpose is to gain efficiencies for its members by the joint
purchasing of cable network programming)
2003-10-16/17 European
Council
Presidency
Conclusions Brussels European Council 16/17 October 2003
2003-10-16 FCC
2003-10-16 FCC
FCC
Modifies High-Cost Support Mechanism But Maintains Current Support Levels
refinement of universal service program
2003-10-16 EC
37.685
- Georg / Ferrovie Decision and Commitments – official text published
Related Press Releases:
2003-08-28
Commission
acts to break the stranglehold of state railways on international passenger
services
2001-07-05
Commission
warns Ferrovie dello Stato it must grant access to Italy's railway market
2003-10-16 Ofcom
Note
of the Twelfth Meeting of the Ofcom Board, held on 23 September 2003
2003-10-16 Ofcom
Agenda
for an interim Meeting of the Ofcom Board, held on 14 October 2003
2003-10-15 EC
Commission
decides on public TV financing in Italy and Portugal – State Aid
(Communication on the application of State Aid rules to public service
broadcasting)
Both cases are compatible with Article 86(2) –
compensation is not beyond the net (additional) cost of public service
broadcasting: at the same time, DG Comp sent Italy, Portugal and Spain letters
stating that its preliminary view on how financing of public TV can be made
more transparent and how sufficient safeguards against excessive public subsidies
- that enable cross-subsidisation of commercial activities - can be introduced
(“appropriate measures”)
Initial Proceedings:
2001-11-13
Commission
opens investigation on ad-hoc aid granted to the Portuguese public broadcaster
RTP - Portugal
1999-07-20
Commission
opens formal procedure regarding certain aid measures for public broadcaster
RAI (Italy) and raises no objections to other measures – Italy
1999-02-03
The
Commission enjoins the French, Italian and Spanish governments to submit
information on the existing nature of the financing schemes of their respective
public broadcasters – seeking the common approach for “dual” financing
systems to finance public broadcaster
related document:
Address
by Marcelino Oreja, Member of the European Commission to the Spanish
Parliamentary Subcommittee on the RTVE (Spanish Broadcasting Corporation),
Madrid, 11 December 1998 – funding of public broadcasting, problem of mixed
funding
2003-10-15 EC
Probe
on modified aid package in favour of Alstom – State Aid
2003-10-15 EC
Commercialising
sport: Understanding the TV Rights debate
Speech by Herbert UNGERER, FKG Sports Consulting,
Barcelona, Spain, 02.10.2003
current issues:
1) joint selling (or purchasing); 2) excessive duration or scope of
exclusivity, and related vertical foreclosure effects; 3) embargoes and
holdbacks of New Media rights, and checklist from Champions League case:
1) An open tender; 2) An unbundling of the offer to allow more than a single
buyer; 3) No excessive exclusivity (three years’ limit), 4) No automatic
renewal (disguised exclusivity)
2003-10-15 EC
Consultation on the
Radio Spectrum Policy Group (RSPG) Work Programme
2003-10-15 ITC
Less
regulation and fewer targets
2003-10-14 EC
"A
more innovative, entrepreneurial Europe"
Speech by Mr Erkki Liikanen Member of the European
Commission, responsible for Enterprise and the Information Society
Opening address at the XI Congress of Eurochambres
Rome, 9 October 2003
2003-10-13 EC
Les
grands chantiers de la politique européenne de concurrence (fr)
Speech by Philip LOWE, Université libre de Bruxelles
(ULB), Les mardis du droit européen de la concurrence, Brussels, Belgium,
07.10.2003
2003-10-13 EC
Die
Durchsetzung der EG-Wettbewerbsregeln im Recht der freien Berufe (de)
Speech by Philip LOWE, Sitzung des Arbeitskreises
Kartellrecht (Bundeskartellamt, Stand und Perspektiven der 7. GWB-Novelle,
Bonn, Germany, 29.09.2003
2003-10-13 Ofcom
Ofcom
and the ITC seek Adjudicator for television advertising sales market –
Carlton/Granada Merger
2003-10-13 ITC
Channel
3(ITV) networking arrangements 2002
2003-10-10 総務省
2003-10-09 FCC
Newly added!
FCC Eases Digital TV Transition for Consumers
Order
released / News
Release / Fact
Sheet
2003-10-09 FCC
Commissioner Copps Release: FCC
Policies That Damaged Media Now Threatening Internet
cf. News
Release
Caution for Bottleneck control
2003-10-09 European
Parliament 
EC
Merger Regulation – Vote
a non-binding resolution: denied ‘one or more
undertakings shall be deemed to be in a dominant position’ – a new Article 2(2)
because of a broadening the concept of dominance, denied of ‘closely
connected…justifies their treatment as a single transaction’ – a new Article
3(4), requested the change of procedure of ‘cross-border effects’ – a new
Article 4(4)(5) because of lack of an objective benchmark, limited a proposed
new investigatory powers in line with Regulation 1/2003…and so on
2003-10-09 EC
Competition
Policy of the European Commission: In the Interest of Consumers?
Speech by Sven NORBERG
The Leuven Center for a common law of Europe, Leuven,
Belgium, 20.06.2003
2003-10-09 EC
2003-10-09 Ofcom
The
Communications Act: Myths and Realities
Stephen Carter, Chief Executive, Ofcom
Speech to media and legal practitioners, Thursday 9
October 2003
2003-10-08 EC
Electronic
Communications: European Commission launches infringement proceedings against
eight Member States – EU Telecom Package
2003-10-08 EC
Commission
proceeds with excessive deficit procedure for France
2003-10-08 JFTC
トエンティースセンチュリーフォックスジャパン，インコーポレーテッドに対する勧告について
2003-10-07 FCC
The Development of Secondary Markets / Report
& Order – spectrum trading
2003-10-07 FCC
2003-10-07 EC
VAT:
Commission welcomes Council adoption of rules for gas and electricity supplies
2003-10-07 Carlton/Granada
Merger 
Report, advice, decision
DTI: Patricia
Hewitt accepts Competition Commission’s findings on Carlton / Granada merger
She accepted the conclusions of the Competition Commission
and the advice of the Office of Fair Trading (OFT) and decided that
undertakings to remedy the adverse effects must be put in place before the
merger can go ahead. She asked the OFT, in concert with the ITC and Ofcom, to
seek to obtain by 7 November 2003 undertakings from Carlton and Granada to
implement a package of behavioural remedies recommended by the majority(4-1) of
the Competition Commission panel.
OFT has published its advice
to DTI on the Competition Commission report on the proposed merger of Carlton
Communications PLC and Granada PLC
This merger was considered under the Fair Trading
Act, but “in the spirit of the Enterprise Act 2002”, advise acceptance
of CC recommendations
CC published report
on the proposed merger: Carlton Communications Plc and Granada plc
cf. Carlton
/ Granada get go-ahead for merger (following the DTI’s decision)
two adverse effects found:
(i) ITV networking arrangements (ii) the sale of advertising airtime / remedies:
(i) a package of safeguards proposed by the ITC (ii) CRR (Contract rights
renewal) remedy and place an independent adjudicator for ensuring the remedy
for a package of behavioural remedies
ITC site: ITC/Ofcom
joint briefing - ITV merger announcement
In the light of the Secretary of State's decision,
the ITC and Ofcom will today begin a review of the ITC's Airtime Sales Rules,
which apply to all UK commercial television broadcasters on terrestrial
channels, satellite and cable
Ofcom site: ITC/Ofcom
joint consultation on Advertising Sales Arrangements cf. Technical summary
of Contracts Rights Renewal remedy
related press release
Statement
by Carlton and Granada
BBC
statement in response to the ITV merger
2003-10-07 CC
Stena
/ P&O Merger Inquiry: Statement of issues
2003-10-07 総務省
「電気通信事業分野の競争状況の評価に関する基本方針（案）」及び「電気通信事業分野の競争状況の評価に関する平成１５年度実施細目（案）」に対する意見募集
2003-10-06 FCC,
U.S. 9th Circuit Court
Statement
of FCC Chairman Michael Powell On 9th Circuit Cable Modem Decision
followed City of Portland case…transmission
element of cable broadband service constitutes “telecommunications service”
cf.2002-03-14
FCC Classifies Cable Modem Service as “Information Service”
2003-10-06 EC
Quo
Vadis? Striking the balance on industrial property rights
Speech by Frits Bolkestein European Commissioner for
the Internal Market, Conference on Industrial Property Rights Ischia, 6th
October 2003
about controversial patent regulation
2003-10-06 EC
Applying
EU Competition Law to the newly liberalised energy markets
Speech by Prof. Mario Monti European Commissioner for
Competition Policy, World Forum on Energy Regulation Rome, 06 October 2003
2003-10-06 EC
Commission
reaches breakthrough with Gazprom and ENI on territorial restriction clauses
support the measures allowing third parties to access
the pipline
2003-10-06 BBC,
BSC, ITC
Viewers
support watershed in digital age - Joint press release from BBC, BSC and ITC
ITC’s
News Release – including related materials
2003-10-04 EU
Launch
of the Intergovernmental Conference Future of the Union
Extraordinary
Summit for the opening of the IGC (Rome, 4 October) - The Heads of State
and Government meet to provide Europe with a Constitution
2003-10-02 ECJ
AG opinions that it is not necessary that the downstream
products are sold independently by the company that has control over them
cf.2002-10-04
EC Commission
closes certain proceedings against IMS Health
Another ongoing competition proceeding against IMS, which
concerns its refusal to licence a copyright it holds over a structure for the
ordering of regional pharmaceutical sales data in Germany
2003-10-02 ITC
ITC
agrees to regular time for ITV Late Evening News
2003-10-01 EC
The
Commission invites all interested parties to send their comments on the
"Modernisation Package"
Commission
launches consultation on draft texts to complete reform of antitrust procedures
Newly added!
2003-10-01 BBC
BBC
Digital Curriculum clear for launch
N
37 /2003 - BBC Digital Curriculum - closing formal proceedings – positive
Article 87(1)におけるstate aid該当を判断し（’Altmark’テスト）、然る後、Article 86(2)でexemptionというパターン
September
2003-09-30 BkartA
Newly added!
Competition
experts discuss exemption areas under competition law
2003-09-30 EC
Legal
and Regulatory Aspects of Public Service Broadcasting - Panel Contribution
Speech by Herbert UNGERER
Conference on Public Service Broadcasting,
International Press Institute and Romanian Radio Broadcasting Corporation,
Bucharest, Romania, 19.09.2003
comprising four parts: dual structure of broadcasting, legal
framework (including the prospected changes by the Constitution), rules for
public broadcasting, outlook for convergence – regulation should not separate
sectors and technologies in a rigid manner but will have to depend more on a
dynamic assessment of actual audience and market power
cf. He also referred to the on-going discussion on Eurovision
ruling with EBU
2003-09-30 EC
New
rules for car sales and servicing
2003-09-30 CFI
Judgment
of the Court of Justice in Case T-203/01 Michelin
/ Commission
A company in a dominant position, which operates a
system of loyalty rebates and bonuses for its dealers, thereby strengthens its
position to the detriment of other operators and thus impedes normal
competition [CFI admits economic justification e.g. economics of scale passed
on to customer, but Michelin did not gave it]
2003-09-30 CFI
Judgment
of the Court of Justice in Case T-158/00 ARD v Commission
Appeal against Case
COMP/JV.37
ARD failed to demonstrate that the Commission
committed any manifest errors in law, fact or procedure
2003-09-30 CFI
Judgments
of the Court of Justice in Cases T-346/02 and T-347/02 Cableuropa e.a. /
Commission
Appeal against Case
COMP/M.2845 – Direct Actions
CFI concluded that there were no grounds for finding that
the Commission had erred in either its assessment of the case, the application
of Article 9 or the exercise of its discretion
2003-09-29 EC,
DOJ
Commission
clears Alcan takeover bid for Pechiney, subject to conditions
M.3225
- ALCAN / PECHINEY (II) - Decision: Art. 6(2) (conditions&obligations)
Press Release: Department
of Justice Will Require a Divestiture if Alcan Inc. Completes its Pending
Tender Offer for Pechiney S.A
2003-09-29 EC
"Information
and Communications technologies for Safe and Intelligent Vehicles"
Mr Erkki Liikanen Member of the European Commission, responsible
for Enterprise and the Information Society
Press Conference Brussels, 29 September 2003
cf. eEuorpe
2005
2003-09-29 EC
related to the recent Italian blackout, confirm the
liberalisation policy with sufficient focus on infrastructure
2003-09-26 EC
Interview
with Philip Lowe - Article by Philip LOWE, Europolitix, an Internet
publication on EU affairs, Web Newscaster, 25.09.2003
2003-09-26 EC
Commissioner
Solbes comments on France's 2004 budget
2003-09-26 DTI,
CC, OFT
Patrcia
Hewitt Accepts Competition Commission’s Conclusion in Safeway Mergers Inquiries
Mrs Hewitt accepted the recommendation by CC and
asked OFT to negotiate with Morrisons in relation to divestments and with Asda
et al in relation to prohibition
2003-09-25 東京高裁
『発意』＝「最初にその映画を自ら企画、立案した場合に限られると解すべき理由はなく、他人からの働きかけを受けて製作意思を有するに至った場合もこれに含まれると解するのが相当」、『責任』＝「その製作自体についての法律上の権利義務の主体であると認められるか否か，製作自体についての法律上の権利義務の主体であることの反映として，製作自体につき経済的な収入・支出の主体ともなる者であると認められるか否かによって決せられるべき」
2003-09-25 JFTC
"Toward the
new design of competitions policies in Japan"
Speech by Kazuhiko Takeshima, the Chairman of the
JFTC before the American Bar Association
cf. Japanese
edition
2003-09-25 EC
Public consultation on a draft new block exemption regulation
and draft guidelines on the application of Article 81 to technology transfer
agreements
Commission
proposes new safe harbour for the licensing of patents and know how Newly added!
2003-09-25 EC
Investment
services: Commission welcomes European Parliament backing for proposed
Directive – Internal Market
2003-09-25 European
Ombudsman
Don't
sideline citizens in the Constitution, says Ombudsman – EU Constitution
2003-09-25 Ofcom
Spectrum
Trading - On Monday 22 September 2003, Ofcom and the Radiocommunications
Agency (RA) hosted an informal workshop to discuss potential approaches to the
implementation of spectrum trading
it will lead to a formal consultation paper on the
introduction of spectrum trading, expected to be published in November
2003-09-25 CC
Stena
AB / P&O acquisition inquiry: Disclosure of Interest
cf.2003-08-22 OFT
2003-09-24 United States District Court for the Western District
of Oklahoma
The US Security,
et al. vs. Federal Trade Commission Order
The US
Security, et al. vs. Federal Trade Commission Judgment
cf. FTC
FTC
Files Motion to Stay Pending Appeal in Oklahoma DNC Ruling
Statement of FTC
Chairman Timothy J. Muris
cf. FCC
Statement
of Chairman Powell on Do Not Call List Court Decision
Statement
of Chairman Powell on 10th Circuit Court of Appeals Lifting Stay of Do-Not-Call
Registry Newly
added! 2003-10-07
2003-09-24 Ofcom
Note
of the Eleventh Meeting of the Ofcom Board, held at Riverside House, London, 2
September 2003
2003-09-23 FTC
FTC Staff Report
Recommends Clarifications Of the Antitrust State Action Doctrine
Report of State Action Task Force Calls for More Rigorous
Application of the “Clear Articulation” and “Active Supervision” Requirements –
State Action Doctrine (first articulated by the Supreme Court in Parker
v. Brown, emerged in response to efforts to apply antitrust rules to the
activities of state governments, and is rooted in the notion that Congress
passed the Sherman Act to protect competition, not to limit the sovereign
regulatory power of the states)
2003-09-23 FTC
AOL
and Compuserve Settle FTC Charges of Unfair Practices
2003-09-23 EC
La
Concurrence Déclaration de M. Monti sur Alstom (fr)
Speech by Mario MONTI, Commissioner for Competition
Policy, European Commission, Salle de Presse, Breydel, Brussels, 22.09.2003
agreement reached by the French government’s decision
that it no longer takes a direct stake
2003-09-23 EC
2003-09-23 EC
Results
of the Competitiveness Council of Ministers, Brussels, 22nd September 2003
cf. 2003-09-19
EC
the
Council invited the Committee of Member States' Permanent Representatives
(COREPER) to examine pending questions in order to be in a position of reaching
a political agreement on the draft Regulation and on the modification of the
European Patent Convention at its November meeting
2003-09-23 Ofcom
2003-09-22 FCC
FCC Grants Conditioned Approval of Univision/HBC
Merger
suspended new ownership will order divestment when
resumed, maintaining language diversity was stressed by Commissioners
2003-09-22 EC
Digital
broadcasting and switchover
the Communications sets the guideline for switchover
in a consumer-friendly fashion and also starts the debate on how to make best
use of the radio spectrum made available after analogue broadcasting is
switched off
2003-09-22 EC
Electronic
Communications: The New Radio Spectrum Policy Group agrees work programme to
meet challenges ahead – EU Telecom Package
The Group agreed to issue in 2004 Opinions on the
secondary trading of rights to use radio spectrum, on the spectrum implications
of the switchover to digital broadcasting and so forth
2003-09-22 Ofcom
– Consultations
Including spectrum trading, spectrum pricing, EPGs
and so on
Including the Ofcom Review of Public Service
Broadcasting (PSB) Television – (1) current position / (2) prospects for the
future / (3) proposals/recommendations
2003-09-22 Ofcom
Stephen
Carter - Royal Television Society Cambridge Convention, Friday 19 September
2003
explains the significance of PSB Review
2003-09-19 EC
Preparation
of the Competitiveness Council of Ministers, Brussels, 22nd September 2003
Community Patent Regulation
2003-09-19 EC
Internal
Market: further deterioration in Member States' implementation of rules –
Internal Market
2003-09-18 ECJ
Judgment
of the Court of Justice in Case C-168/01 Bosal Holding BV v
Staatssecretaris van Financien - Freedom to provide services
Dutch tax provision which place parent companies with
subsidiaries in other Member States at a disadvantage are incompatible with
Community law
2003-09-18 DCMS
Newly added!
Communications Act, Digital Switchover and Charter Review
2003-09-18 DCMS
Newly added!
Tessa
Jowell appoints Terry Burns to advise on BBC Charter Review
schedule: publication of draft questions about the BBC and
its future by year-end, public and industry consultation, the publication of a
Green Paper around the turn of 2004-2005, further consultation and publication
of White Paper [recommendations] for Parliament and the public
2003-09-17 EC 
Commission
adopts opinion on the European Constitution – EU Constitution 
Romano
Prodi President of the European Commission Speaking points Commission opinion
for the IGC Press conference Brussels, 17th September 2003
Q
and A: Opinion of the Commission on the draft European Constitution
Commission’s proposal for IGC starting on 4th
October; one Member of the Commission per Member State, each with the same
rights and obligations, and maintaining collegial nature of the Commission,
reducing unanimous voting in the Council and so forth
2003-09-17 EC
Detailed
investigation and last chance for France before it faces a suspension order in
the Alstom case (en.) Newly added!
Investigation seeking for the last chance to deal with France
2003-09-17 EC
Commission
clears Vodafone acquisition of Singlepoint and Corporate 4U
2003-09-17 EC
Formal
investigation into extension of Italian Law on investment credits – State
Aid
2003-09-16 DOJ
Related documents released on DOJ
site Newly
added!
Settlement Preserves Competition in the
Sale of Critical Care Monitors and C-Arms
DOJ considered that the original proposal would lessen
competition in the sale of monitors used for patients requiring critical care
and mobile C-arms used for basic surgical and vascular procedures cf.
2003-09-02 EC same transaction
2003-09-16 FCC
Statement
by Chairman Powell Issued Following Senate Passage of S.J. Res. 17
cf. Bill Summary
and Status – US Senate page
2003-09-15 FCC
Notice
of Proposed Rulemaking To Review Telephone Unbundled Network Element Pricing
Rules Released
based on the recognition ‘now that competition has taken root
in many areas of the country’, seeking the facilities-based competition by
re-confirming the intended pricing signal,simplifying the rules and so forth
2003-09-15 FCC
FCC
Releases Staff Working Paper Addressing Issues Related to TELRIC Pricing Rules
– OSP Working Paper No.40
titled ‘Dynamic Pricing and Investment from Static Proxy
Models’: addresses some issues by critics of TELRIC, suggests some implications
for TELRIC
2003-09-14 Swedish Government
cf. 2003-09-15
EC Commission
statement on the Swedish referendum
2003-09-12 EC
"Minors
and media : towards a more effective protection"
Speech of Mrs Viviane REDING
Workshop of scientists in the field of the
protection of minors on media violence, self-regulation and media literacy,
Brussels, 10 September 2003
2003-09-12 Oftel Newly added!
Investigation
of complaints about BT's IPStream Price Reductions
cf. 2003-09-04
Oftel
Allegation of margin squeeze between BT’s IPStream
products and ATM Interconnection
2003-09-12 OFT
OFT
welcomes Home Office move on investigatory powers
2003-09-11 NCTA
NCTA Calls on FCC to
Declare the Multichannel Video Marketplace "Fully Competitive"
US Cable Industry’s assessment on competition in MVPD (Market
for the Delivery of Video Programming)
2003-09-11 EC 
Article by Robert KLOTZ, Mit freundlicher
Genehmigung des RWS-Verlages Kommunikationsforum, Köln (Cologne), Germany,
11.09.2003
2003-09-10 総務省
平成14年度の一般放送事業者及び有線テレビジョン放送事業者の収支状況（情報通信政策局）
2003-09-10 FCC
FCC
Eases Digital TV Transition for Consumers
cf. Fact
Sheet : Compatibility of Cable TV and Digital TV Receivers -
“Plug-and-Play”
cf. NCTA’s
comment
2003-09-10 FCC
Commission
To Review Telephone Unbundled Network Element Pricing Rules
NPRM: reaffirm forward-looking cost methodology to determine
UNE pricing, more appropriate economic signals to promote efficient facilities
investment, simplift the UNE costing methodology for state commissions
2003-09-10 Oftel 
Explanatory
statement on continuing licence conditions after 25 July - EU Telecom Package
cf. 2003-07-03
Oftel
2003-09-09 Oftel 
Review
of competition: broadcasting transmission services – A consultation issued
by the Director General of Telecommunication (Closing date for comments: 10
November 2003) - EU telecom package
Market Definition and SMP: terrestrial television
transmission [access] (Crown Castle, ntl) / terrestrial radio transmission
(cable, satellite was excluded and status quo will go on)
2003-09-09 最高裁
独禁法・第69条関連
2003-09-08 EC
Company
taxation: Commission proposes amending Directive on taxation of
parent-subsidiary dividends – EU Company Law
2003-09-08 ITC
Request
for consent for rugby world cup coverage
2003-09-08 JFTC
米欧における公共調達制度の概要、あり
2003-09-05 FCC 
cf. 2003-09-10 Media
Bureau To Terminate Temporary Broadcast Station Application Freeze; Revised
Processing Guidelines Announced
United States Court of Appeals of the Third Circuit issued an
Order staying the effectiveness of the new media ownership rules
2003-09-05 EC 
Commission
reviews first case under new electronic communications regime
cf. 2003-08-26 Oftel
the “Article 7 procedure”; Oftel came to the conclusion that
there was sufficient competition in one of the UK wholesale mobile markets
making existing sector-specific regulation redundant. The Commission concurs
with Oftel's analysis and sent Oftel its comments on 29 August 2003.
2003-09-05 日本経団連
独占禁止法の措置体系見直しについて－日本経団連としての見解－
2003-09-05 JFTC
発足記念国際シンポジウム案内、研究報告書２本（ネットワーク外部性の経済分析～外部性下での競争政策についての一案～、企業結合の効率性と市場への影響に関する経済分析）あり
2003-09-04 Oftel
Oftel welcomes
further BT Datastream price cuts
Oftel states this decision follows an investigation by Oftel
to establish whether price cuts to BT's IPStream broadband product for ISPs
were such that operators purchasing BT's Datastream product were unable to
compete effectively
2003-09-03 EC
Spokesperson's
Statement on inspections in cross-Channel transport services
Spokesperson's
Statement on inspections in Nordic ferry services
2003-09-03 EC
Speech by Wolfgang MEDERER
The Fifth Annual Competition Conference,
IBA, Fiesole, Florence, Italy, 21.09.2001
2003-09-03 Ofcom
Note
of the Tenth Meeting of the Ofcom Board, held at Riverside House, London, 29
July 2003
Spectrum Trading Design Project - following the Cave report
and the Government’s response to it. It is intended to consult on specific proposals
in the autumn.
2003-09-02 EC
Commission
clears acquisition of Instrumentarium by General Electric subject to conditions
M.3083
- GE / INSTRUMENTARIUM - Decision: Art. 8(2) with conditions &
obligations
public
text available Newly added!
the package of remedies removes the horizontal overlap
between the activities of GE and Instrumentarium
2003-09-02 Ofcom
Agenda
for the Eleventh Meeting of Ofcom to be Held At Riverside House on 02 September
2003 at 11 am
2003-09-01 European Parliament
Patentability
of comupterised inventions (1st reading)
Rapporteur: Arlene McCarthy
2003-09-01 Oftel
Policy
review of two-part charging
August
2003-08-29 FTC
Commission approval of
comment to the Federal Energy Regulatory Commission
2003-08-29 DOJ
Guidelines: An
Antitrust Primer for Federal Law Enforcement Personnel
2003-08-29 FCC
cf.2003-08-27 FCC
2003-08-29 EC (adopted on 27.08.2003)
2003-08-29 Ofcom
Note
of the Interim Meeting of the Ofcom Board, held on 15 July 2003
Note
of the Ninth Meeting of the Ofcom Board, held on 24 June 2003
the latter includes Review of Public Service Television
Broadcasting (PSTB): Proposed Project Plan (Communications Act requires
Ofcom to undertake “as soon as practicable after the end of a period of 12
months beginning with commencement” a “report on the fulfilment of the public
service remit”.); Ofcom’s relationship to the Oftel Market Reviews:
Members agreed that Oftel should be asked to conclude its market reviews as
soon as possible, consistent with a robust approach, thus minimising any
regulatory uncertainty created by delay.
2003-08-29 WOWOW
2003-08-29 JFTC
2003-08-28 EC
Commission
acts to break the stranglehold of state railways on international passenger
services
press release says ‘This is a landmark decision for
competition in European rail transport’…application of the competition rules as
a tool to ensure effective market opening in the EU railway sector
2003-08-28 CAT
British
Telecommunications PLC - Summary of appeal
first appeal brought under section 192 of the Communications
Act (section 192 gives rights to appeal decision of the authorities)
2003-08-28 Ofcom
Radio Restricted Service
Licences (RSLs)
2003-08-28 OFT
Completed
acquisition by 3M United Kingdom Plc of the business of Vantage Health Limited
2003-08-27 FCC
Commission
Lifts Freeze on New Satellite License Applications
2003-08-26 EC
Commission
authorises EDF to acquire full control of EDF Trading
2003-08-26 Oftel
Oftel today
notified the European Commission of its proposals for regulation in several key
telecoms markets – under EU Telecom Package 
Identification and analysis of markets（Wholesale services, Retail markets, Fixed geographic call termination,
Wholesale international services, Unmetered Internet call termination）, Determination of market power and Setting of SMP conditions
cf. 2003-02-12
EC
2003-08-26 BSkyB
James
MacTaggart Memorial Lecture Delivered by Tony Ball, Chief Executive of BSkyB
cf.2003-08-23
Edinburgh Festival
2003-08-24 BBC
BBC
plans to open up its archive to the public
’We intend to allow parts of our programmes, where we own the
rights, to be available to anyone in the UK to download so long as they don't
use them for commercial purposes. Under a simple licensing system, we will
allow users to adapt BBC content for their own use’ by Greg Dyke (He also
supported for strong ITV and argued that the merger of Carlton and Granada be
allowed to proceed under reasonable terms and for further consolidation within
advertiser funded broadcasting)
2003-08-23 DCMS
Tessa
Jowell Appoints Philip Graf To Review The BBC's Online Services
Consultation
for the Independent Review of BBC Online
cf. MediaGuardian Edinburgh International
Television Festival 2003
deadline for responses is 17 November 2003, final report by
Spring 2004; BBC's report and market impact assessment from KPMG are attached
2003-08-23 Hutton Inquiry
cf. BBC Report
2003-08-22 OFT
OFT refers
Stena’s proposed acquisition of P&O’s ferry services in the Irish Sea
Competition
Commission invites evidence
2003-08-21 FCC 
Review of the Section 251 Unbundling
Obligations of Incumbent Local Exchange Carriers; Implement of the Local
Competition Provisions of the Telecommunications Act of 1996; Deployment of
Wireline Services Offering Advanced Telecommunications Capability; Appropriate
Framework for Broadband Access to the Internet over Wireline Facilities: Order
Errata
to the Report and Order and Order on Remand and Further Notice of Proposed
Rulemaking (FCC 03-36) Released on August 21, 2003
”Impair Standard” for access --- removing unbundling
obligations (when three competitors are there), State regulator retain a huge
power of that standard…Of course, Powell, supporting scrap of the whole
obligation for facility-based competition, attacks this regulation (although no
unbundle obligation for last mile FTTH is ensured)
2003-08-20 FCC
Media Ownership: all in
FCC
Chairman Powell Launches "Localism in Broadcasting" Initiative
Copps
Criticizes Willingness to Let Media Consolidation Continue
Statement
of Commissioner Kathleen Q. Abernathy Supporting Localism Initiative Newly added! 2003-08-21
2003-08-20 FCC
Application for Consent to the Transfer of
Control of Licenses and Section 214 Authorizations By Time Warner Inc. and
America Online, Inc., Transferors, to AOL Time Warner Inc., Transferee,
Petition of AOL Time Warner Inc. For Relief from Condition Restricting
Streaming Video AIHS: MO&O
the petition for removing the AIHS (advanced instant
messaging-based high-speed video services) was granted
cf. 2003-04-04
FCC
2003-08-20 総務省
東日本電信電話株式会社及び西日本電信電話株式会社の日本電信電話株式会社等に関する法律第2条第5項に規定する業務に係る認可申請に関する意見募集
公正競争ガイドラインに基づき、両社提示の営業ファイアーウォール、内部相互補助防止等の措置を加味して検討した総務省の現時点における考え方（認可条件案）
2003-08-20 総務省（電気紛争処理委員会）
電気通信事業法第３９条第１項の規定に基づきソフトバンクＢＢ株式会社から申立てのあった接続命令に係る答申
2003-08-19 EC
activities do not overlap, inter-brand competition (not
anti-competitive vertical relationship)
2003-08-19 DTI
Next
steps towards a single electricity market －New consultation on
transmission charging
2003-08-18 JFTC
2003-08-14(2003-08-02) EC
survey of the listed events under Article 3(a)
2003-08-14 OFT, CC
OFT refers
WBB proposed acquisition of Tarmac's mineral and materials business
WBB
and Tarmac Central Ltd: Competition Commission invites evidence
First OFT merger reference under the Enterprise Act
2003-08-13 EC
Commission
intervention no longer necessary to enable NDC Health to compete with IMS
Health
COMP/38.044
- National Data Corporation/IMS Global Services - Publicity: Press release
- decision
cf. 2001-07-03 EC found no objective justification for refusing to grant a licence / 2001-10-26
CFI suspended the decision
2003-08-13 Ofcom 
What is
Ofcom? – useful guide
2003-08-12 OFT 
OFT
rejected the applications alleging BskyB’s margin squeeze on distributors and
mixed bundles of premium channels
cf. 2002-12-17
OFT
2003-08-11 DTI
Proposed
Newspaper Transfer: Northcliffe/Radstock and Midsomver Norton Journal
cf. Fair Trading Act 1973 (sections 57 to
62)
2003-08-11 OFT
Rugby union
premier league revises anti-competitive rule
2003-08-08 BSkyB
Sky
welcomes FA Premier League decision on football rights
cf. including other broadcasters
conditions, will Brussels intervene?
2003-08-07 FTC
FTC Charges Aspen Technology’s
Acquisition Of Hyprotech, LTD. Was Anticompetitive
2003-08-07 EC
Commission
clears Philips/Sony CD Licensing program
cleared
modified joint licence agreement (including separate licensing) and bilateral
agreements
2003-08-06 EC 
Commission
gives Microsoft last opportunity to comment before concluding its antitrust
probe
COMP/37.792
- Microsoft/ W2000 - Publicity: Press release - statement of objections
Final Statement
of Objections: proposed remedies – [Leveraging] for full
interoperability with Windows PCs and services to reveal interface information;
[Tying] untying Windows Media Player from Windows or “must-carry”
competing media players with Windows
cf. 2000-08-03
Commission
opens proceedings against Microsoft's alleged discriminatory licensing and
refusal to supply software information - leveraging
cf. 2001-08-30
Commission
initiates additional proceedings against Microsoft – plus tying
2003-08-05 EC Date changed!
Competition
Policy Newsletter, Summer 2003
2003-08-04 FCC
2003-08-04 Oftel
Reviews
of dispute procedure schemes - 4 August 2003
Final guidelines issued by the Director
General of Telecommunications
2003-08-01 FTC
FTC Offers
Recommendations on Amendments to Greater Access to Affordable Pharmaceuticals
Act
cf. Public Hearings: Federal Trade
Commission and Department of Justice Hearings on Health Care and Competition
Law and Policy
2003-08-01 EC
Application
of competition law to rights management in the music market, Some orientations
Speech by Herbert UNGERER
Independent Music Companies Association
(IMPALA), Brussels, Belgium, 11.06.2003
2003-08-01 Oftel
A
statement issued by the Director General of Telecommunications on Oftel's use
of public consultation under the new EU Directives – EU Telecom Package
2003-08-01 OFT
Large fines
for replica football kit price-fixers
Full
text available Newly added!
2003-08-01 DTI, CC, OFT
Patricia
Hewitt accepts Competition Commission’s findings on Centrica/Dynegy merger
Completed
acquisition by Centrica Plc of Dynegy Storage Ltd and Dynegy Onshore Processing
UK Ltd
Paragraph
13 of Schedule 24 to the Enterprise Act 2002 provides that the provisions of
the FTA continue to apply where a merger took place before the introduction of
the Enterprise Act 2002
July
2003-07 RA
2003-07-31 FTC
FTC Issues Policy
Statement on Use of Monetary Remedies in Competition Cases
2003-07-31 EC
Commission
warns AstraZeneca of preliminary findings in Losec antitrust investigation
practices intended to block or
delay access to the market, to prevent parallel imports - Article 82 does not
concern the alleged misuse of intellectual property rights, but the alleged
misuse of governmental procedures [Misrepresentations before patent offices and
misuse of regulatory procedures for the authorisation of medicines have
previously been held to be antitrust violations by US Courts and the US Federal
Trade Commission]
2003-07-31 JFTC Newly added!
公正取引委員会の直面する課題と取組み－どのような課題にどのように取り組んでいるか－（関西経済連合会）
2003-07-30 EC
Commission
clears Procter & Gamble's acquisition of Wella subject to conditions
remedy
package consists of the licensing of some brands etc.
2003-07-30 Ofcom
Agenda
for the Tenth Meeting of Ofcom to be Held At Riverside House on 29 July 2003 at
2 pm
2003-07-29 EC
2003-07-29 EC
Commission
Settles Marathon Case with German Gas Company BEB
improvement
on refusals to grant access to pipelines (BEB – a German JV of ExxonMonil and
Shell)
cf. Past cases: Application
of competition rules to the gas sector
2003-07-29 EC
2003-07-28 FTC
FTC
Finds Vivendi Subsidiaries Violated Antitrust Laws In Distribution of Three
Tenors CDS
restraints
on price discounting and advertising are “inherently suspect”, “free-riding
argument is simply an attempt to shield themselves from legitimate interbrand
competition”
cf.2002-06-28 FTC
2003-07-28 FCC
"New Rules,
Old Rhetoric," New York Times Op-ed by Chairman Powell
2003-07-28 EC
Speech by Luc GYSELEN
8th EU Competition Law and Policy Workshop
European University Institute, Brussels, Belgium, 19.06.2003
extensive
paper through ‘rebates’ for deepening the understanding of ‘an abuse of a
dominant position’
2003-07-28 CC
Following
consultation on the draft, the Chairman’s Guidance on Disclosure of Information
in Merger and Market Inquiries (CC 7) is today published on the Commission’s
website - Enterprise Act 2002
2003-07-28 金融庁（金融審議会） Newly added!
「信託業のあり方に関する中間報告書」（金融審議会金融分科会第二部会報告）
受託可能財産の範囲の拡大（知的財産権等）
2003-07-28 JFTC
2003-07-25 FTC
2003-07-25 EC
2003-07-25 EC
European
public opinion still hazy about the Convention – European Convention
2003-07-25 EC
2003-07-25 EC
Electronic
Communications: Commission reduces regulation of the provision of leased lines
in the EU
Implementation
Date: Finland (23 May 2003), Denmark (4 June), Sweden (5 June), the United
Kingdom (17 June) and Ireland (21 June)…Italy (31 July)
2003-07-25 Oftel 
Consumer
interests at the heart of new regulatory framework that comes into force today
2003-07-24 FTC
FTC Provides U.S. House
with Overview of Antitrust Activities
Vigorous Enforcement of Antitrust Laws,
Guided by Economic Analyses, Protects Consumers
2003-07-24 DOJ
2003-07-24 EC
Commission
clears UEFA's new policy regarding the sale of the media rights to the
Champions League
Background
note : The UEFA Champions league
Commission
clears the new policy that brings football within the reach of more
broadcasters as well as Internet and telephone operators, and permits clubs to
market part of these rights individually
2003-07-24 EC
Nouveau
système de commercialisation des droits de retransmission sur le championnat
allemand de football (Bundesliga) (de) (English
version added!)
New
marketing system for Bundesliga broadcasting rights --- under the new system,
all broadcasting rights will no longer be sold to a single broadcaster in one
package
2003-07-24 EC
Broadcasting
services: Commission refers Germany to Court over allocation of radio spectrum
protection of media pluralism v the
freedom of establishment - Commission believes that some provisions of this law
and the way the authorities apply them give preference to local terrestrial
radio broadcasters in the granting of licences and thus discriminate against
broadcasters from other EU countries
2003-07-24 ECJ 
Judgment
of the Court of Justice in Case C-280/00 Altmark Trans et
Regierungspräsidium Magdeburg – State Aid definition
Text
of Judgment Newly
added!
ECJ
rules that financial support which merely represents compensation for public
service obligations imposed by the Member States does not have the
characteristics of State Aid - However, for such compensation not to be
classified as State aid in a specific case, four conditions: clearly
defined public service obligations, transparent rules and established in
advance, not exceed costs, proper compensation in comparison with a typical
undertaking, must be satisfied (‘quid pro quo’ approach? strict ‘compensation’
approach? – reversed AG LÉGER’s opinion － ‘limited
sovereignty’ approach)
cf. 2003-01-14、2002-03-19 AG LÉGER’s opinions、判例の推移：[継続トピックス]
cf. EBU News – Public Service
and State aid
2003-07-24 Ofcom
Agenda
for the Interim Meeting of Ofcom to be Held At Liberty House on 15 July 2003 at
2 P.M
2003-07-24 Oftel 
The
regulation of conditional access, setting of regulatory conditions -
explanatory statement and formal notification pursuant to Section 48 (1) of the
Communications Act 2003
Oftel
sets conditions on Sky Subscribers Service Limited (only CAS provider) to
provide CAS on fair, reasonable and non-discriminatory terms in accordance with
sections 45(5), 73(5) and 75(2) of the Communications Act 2003
2003-07-24 OFT
2003-07-23 FCC
FCC
Chairman Powell Defends FCC Media Rules
2003-07-23 FCC
Testimony
Of Commissioner Copps, Before The Senate Committee On Commerce, Science,
And Transportation July 23, 2003
2003-07-23 EC 
Commission
ready to ensure regulatory co-ordination in electronic communications
2003-07-23 EC
Commission
approves capital injection of EUR 297.5 million into the Belgian Post Office
– State Aid
2003-07-23 EC
Commission
approves proposed aid in favour of VW Mechatronic in Stollberg (Germany) –
State Aid
2003-07-23 EC
Commission
clears DSM's acquisition of the vitamins and fine chemicals division of Roche
M.2972
- DSM / ROCHE VITAMINS - Decision: Art. 8(2) with conditions &
obligations
2003-07-23 EC
Commission
decides to carry out itself the inquiry into the planned acquisition of VUP by
Lagardère
M.2978
- LAGARDERE / NATEXIS / VUP - Decision: Art. 9
cf. 2003-04-14,
2003-06-06 EC
2003-07-22 EC
Competition
and Regulation in the new Framework
Speech by Mario MONTI, Commissioner for
Competition Policy
Public Workshop on the "Electronic
Communications Consultation Mechanism" Provided for by Art. 7 of the
Framework Directive 2002/21/EC, Brussels, Belgium, 15.07.2003
2003-07-22 EC
Speech by Vivi MICHOU and Reinald KRUEGER
Public Workshop on the "Electronic
Communications Consultation Mechanism" Provided for by Art. 7 of the
Framework Directive 2002/21/EC, Brussels, Belgium, 15.07.2003
presentation
by people in charge of enforcement from 25th July, 2003
2003-07-22 EC
cf. Article 288 EC: contractual /
non-contractual liability - Member States do not at present have common rules
for deciding which law should apply in cases concerning non-contractual
obligations…toward ‘forum-shopping’
2003-07-22 EC
2003-07-22 EC
2003-07-22 Oftel 
The Director General
of Telecommunications has issued the following documents - including the
General Conditions of Entitlement and the Universal Service Conditions -
implementing the various provisions and requirements of the new EU regulatory
framework which comes into effect on the 25 July 2003 [Publications Site] –
EU telecom package
The
General Conditions of Entitlement
2003-07-22 DTI
cf. 2003-05-16
CC Scottish Radio Holdings plc
and GWR Group plc and Galaxy Radio Wales and the West Limited - Report
Summary and Full
Text (Cm 5811)
2003-07-21 OFT
OFT reviews
film dis0tributors orders and postal franking machine undertakings
2003-07-18 EC
Florence
Forum gets rid of all cross border electricity charges
As from 1 January 2004, no additional network charges will be
charged for cross-border electricity transactions in the internal market
2003-07-18 European Convention 
Draft
Treaty establishing a Constitution for Europe
related documents:
Report
from the Presidency of the Convention to the President of the European Council
ROME
DECLARATION - V. GISCARD D'ESTAING, CHAIRMAN OF THE EUROPEAN CONVENTION
Allocution par V.
GISCARD d'ESTAING, Président de la Convention européenne lors de la cérémonie
de présentation officielle du projet complet de Traité établissant une
Constitution européenne - Rome, 18 juillet 2003
2003-07-18 HMSO
2003-07-17 DCMS, Ofcom 
Communications
Act Gets Royal Assent - It will be published soon by HMSO, and will be
available electronically from their website
Ofcom
welcomes passing of Communications Act 2003
cf. History of the Act
Through Parliament
2003-07-17 KDDI et al
2003-07-16 EC
High-speed
Internet: the Commission imposes a fine on Wanadoo for abuse of a dominant
position
COMP/38.233
- Wanadoo - Publicity: Press release - decision
AKZO
test (double threshold - average variable cost / average total cost) was
applied（低速/高速市場を分けて市場画定、支配的地位認定に当たり、France Telecomとのリンクも考慮、濫用判定では、recoupの可能性・意図を認定）
cf.2001-12-21
EC
2003-07-16 EC
Commission
approves 3rd Generation mobile network sharing in Germany
2003-07-16 EC
Commission
appoints Chief Competition Economist
implementation
of proposed measures strengthening the analysis in terms of economics
cf. 2002-12-11
EC Creation of a post of Chief Competition Economist in the Directorate-General
for Competition
2003-07-16 EC
Commission
fines Yamaha for restrictions of trade and resale price maintenance in Europe
COMP/37.975
- PO/YAMAHA - Publicity: Press release - decision
a selective
distribution system – partitioning the European Market
2003-07-16 EC
Centres
de coordination belges: la Commission a décidé d'introduire un recours contre
la décision du Conseil – State Aid
cf.2003-02-18
‘cost-plus’ method does not constitute State aid per se, but…
2003-07-16 OFT
2003-07-16 OFT
Key
challenges in enforcing the Competition Act - Enterprise Act 2002
An article by Margaret Bloom for the
Competition Law Journal
2003-07-15 FCC
Commissioner
Adelstein Calls On FCC To Fix Anomaly In New Media Rules Before They Take
Effect
2003-07-15 EC
"Getting
Ready to Implement New EU Electronic Communications Law"
Article 7 workshop Brussels, 15 July 2003
Speech by Mr Erkki Liikanen Member of the
European Commission, responsible for Enterprise and the Information Society
2003-07-15 EC
SPAM:
European Commission goes on the offensive
"Combating
Spam on All Fronts"
Press Conference on Spam Brussels, 15 July
2003
Speech by Mr Erkki Liikanen Member of the
European Commission, responsible for Enterprise and the Information Society
Questions
and Answers on Spam and the EU Opt-in Regime
cf. 2003-06-11 FTC
2003-07-15 EC
Towards
development of broadband content
2003-07-15 Oftel
Indirect
access dispute between BT and Cable and Wireless
2003-07-15 BBC
BBC Annual Report and Accounts
2002/2003 published
Fair Trading
Reports Newly added! 
2003-07-14 EC
Trustee
appointed in case COMP/M.2416, Tetra Laval/Sidel Article 6(2) Conditional
Clearance Decision
2003-07-14 EC
Commissioners
Liikanen and Monti ready to take up new tasks in telecommunications policy
before
the workshop on Article 7 of the Framework Directive: this new mechanism
obliges national regulators to conduct a “national” and a “Community”
consultation on the regulatory measures they intend to take and, if necessary,
the Commission can require them to withdraw intended measures
2003-07-14 EC
Internal
Market: Commission moves against 13 Member States for failure to implement EU
legislation
Copyright
and related rights in the Information Society – to ensure creative environment
in digital age and harmonise the principal rights of authors and set exception
for protection and rights management [deadline 22.12.2002], Second Postal
Directive – further open postal services to competition (2002/39/EC) [deadline
31.12.2002] and so on
2003-07-14 DCMS
Sport
Summit Speech By Tessa Jowell, Secretary Of State For Culture, Media And Sport
she
presents: Why should Government care about sport?
2003-07-14 総務省
「IP化等に対応した電気通信分野の競争評価手法に関する研究会」報告書の公表
2003-07-11 EC
Commission
approves merger between Konica and Minolta subject to commitments
M.3091
- KONICA / MINOLTA - Decision: Art. 6(2) (conditions&obligations)
2003-07-11 OFT, Oftel
Oftel concludes
Competition Act investigation into BT's broadband marketing
anti-competitiveness
of using customer support number as a marketing tool and joint telephony and
internet billing
2003-07-11 OFT
The OFT has published its latest economic
discussion paper, 'Assessing
profitability in competition policy analysis'
2003-07-10 European Convention
cf. Proposed amendments
to the text of the Articles of the Treaty establishing a Constitution for
Europe 
Giscard d'Estaing finished the convention
after 17 months of work, and will present the final draft constitutional treaty
next week
2003-07-10 JFTC/EU
cf. Commissioner
Monti welcomes signature of EU-Japan agreement in the competition field
2003-07-09 CFI
Judgments
of the Court of First Instance in cases T-220/00,T-223/00,T-224/00,T-230/00
Cheil Jedang Corporation / Commission and
others
CFI
finds that the principle of non bis in idem, according to which a person
who has already been tried may not be prosecuted or fined for the same conduct,
cannot be applied in the present case
2003-07-09 EC
Commission
proposes to simplify the rules on Member States' aid to the fisheries sector
– State Aid [New Block Exemption]
2003-07-09 EC
Commission
widens formal inquiry proceedings in MobilCom case – State Aid
2003-07-09 EC
In-depth
probe into aid for Infineon Technologies production site in Portugal –
State Aid
2003-07-09 EC
2003-07-09 EC
Competition
Policy in the Candidate Countries - the accession negotiations and beyond - Enlargement
Speech by Mario MONTI, Commissioner for
Competition Policy
At 8th Annual Competition Conference
between the Candidate Countries and the European Commission, Vilnius,
Lithuania, 16.06.2002
2003-07-09 Oftel
Oftel confirms
new rules for communications providers – EU Telecom Package
2003-07-08 FCC
FCC Releases Report on 2002 Cable Industry
Prices.
2003-07-08 EC
DG
Competition Reorganisation: Important information related to Merger control
activity
sector-specific
merger control started
cf. 2003-04-30 EC
2003-07-08 EC
The
Competition Policy Reforms in 2002 and 2003
Speech by Mr. Mario MONTI, European Commissioner
for Competition Policy
At European Parliament Economic and
Monetary Affairs Committee, Brussels, 8 July 2003
2003-07-08 Ofcom
Guardian
Media Lecture Radio Festival, Speech by David Currie, Ofcom Chairman, 7
July 2003
He
stresses ‘…on mergers it is the OFT not Ofcom which is the responsible
regulator’
2003-07-08 Ofcom
English
National Forum Seminar, speech by David Currie, Ofcom Chairman, 7 July 2003
role of
the Content Board: Tier 1 – negative content regulation (including BBC ), Tier
2 – independent television production quotas, Tier 3 – ITV, Channel4 and Five
[PSBs]
2003-07-08 知的財産戦略本部
2003-07-03 DOJ
U.S. v. Microsoft:
Joint Status Report on Microsoft's Compliance with the Final Judgments
2003-07-03 ECJ 
Text available!
Judgment
C-83, 93, 94/01 Chronopost SA, La Poste and French Republic v Union française
de l'express (Ufex), DHL International, Federal express international (France)
and CRIE – State Aid [Economic Analysis]
the
appeal case of Case T-613/97, CFI annulled the below decision --- ‘Even
supposing that SFMI-Chronopost paid La Poste’s full costs for the provision of
logistical and commercial assistance, that would not be sufficient in itself to
show that no aid within the meaning of Article 92 of the EC Treaty was
granted…’ (para. 74), ‘The Commission should have thus have examined whether
those full cost took account of the factors which an undertaking acting under
normal market conditions should have taken into consideration when fixing the
remuneration for the services provided…’ (para. 75)
cf. 1997-10-01
Commission
decides that no State aid was involved in the transactions between the French
Post Office and its subsidiary Chronopost
cf. 先例：SFEI
v La Poste Case C-39/94 [1996] ECR I-3547 – ‘in order to determine whether
a State measure constitutes aid, it is necessary to establish whether the
recipient undertaking receives an economic advantage which it would not have
obtained under normal market conditions’ (para. 60)
2003-07-03 Oftel 
Consultation
on continuing licence conditions after 25 July 2003 – EU Telecom Package
2003-07-02 FCC
FCC Releases Text of Report and Order
Setting Limits on Media Concentration
Third
biennial ownership review officially published – new, comprehensive framework
for broadcast ownership regulation (cf.2003-06-02)
2003-07-02 Ofcom
Speech to the
Incorporated Society of British Advertisers (ISBA) Annual Lunch Tuesday 1 July
2003
Stephen Carter Chief Executive, Ofcom
2003-07-01 EC
New
challenges for State Aid policy
Speech by Mario MONTI, Commissioner for
Competition Policy
European State Aid Law Forum, Brussels,
Belgium, 19.06.2003
on
general policies including comments on interaction with ECJ (ex. MEIP in WestLB
Case), economic approach towards less and better State Aid, inappropriateness
of wide range of Article 87(1) and so on
2003-07-01 EC
2003-07-01 EC
VAT
on digital services - frequently asked questions
2003-07-01 EC
2003-07-01 CC
Newsquest/INM
Merger Inquiry: Issues Statement
cf. 2003-05-21
CC
Italian
Presidency of the Council of the European Union: July – March 2004
Summary from January to June
2003-06-20 European Council
European
Council, Thessaloniki
19-20 June 2003
European
Council - Presidency
Conclusions
European
Council welcomes the Draft Constitutional Treaty as a good basis for starting
the IGC and marks the completion of the Convention's tasks as set out Laeken
(except technical work on Part III). It requests the future Italian Presidency
to initiate this Conference to be convened in October 2003 and to agree the
Treaty a.s.a.p. to become known to European citizens before the June 2004
elections for the European Parliament.
2003-06-16 OFT
The new
Enterprise Act, which comes fully into force on June 20, has
wide-ranging implications for businesses and consumers – Enterprise Act
2002
Main
Changes (again): SLC test for mergers (ministerial intervention limited),
criminal penalties for cartel, consumer law, ‘super-complaints’, market
investigation reference to CC, codes of practice
2003-06-13 BBC, BskyB, ITC
BBC and BSkyB announce agreement on
digital satellite distribution
BBC’s
press release / BskyB’s
press release (other news - Five
renews conditional access arrangements with Sky)
For reference: Astra’s
footprints
five
year agreement which includes the continued allocation to BBC ONE and BBC TWO
of channel numbers 101 and 102 on BSkyB's EPG and BBC will withdraw its
complaint, made in April 2003, to ITC
cf. 2003-05-16 ITC
2003-06-06 EC
M.2876 - NEWSCORP / TELEPIU - Art. 8(2)
with conditions & obligations - public
text of decision available
cf. 2003-04-02 EC
2003-06-02 FCC
FCC Sets Limits on Media Concentration:
Unprecedented Public Record Results in Enforceable and Balanced Broadcast
Ownership Rules
News
Release / Attachment
/ Replay the audio/video
broadcast of today's meeting (.ram)
Commissioners’ statement
Powell
/ Abernathy
/ Copps
(Copps
Bench Remarks) (Copps
News Release) / Martin
/ Adelstein
Media Bureau Announces Processing
Guidelines Under New Order for Broadcast Station Applications
Local TV Multiple Ownership Limit: In markets with five or more, one company may own
two, In markets with 18 or more, 3 and so forth; National TV Ownership Limit:
one company can own TV stations reaching no more than a 45% share of US
households; Cross-Media Limits: In markets with three or fewer, NO, In
markets with between 4 and 8, limited combinations will be permitted (not
exhaustive list!)
cf. FCC's Review of
the Broadcast Ownership Rules
2003-06-02 ITC
Code
of Practice on Programme Commissioning
guidance
to public service broadcasters (BBC, Channel 3, 4 and 5 and S4C) on the Codes
of Practice for dealings with independent productions sector
main points are: a clear and transparent process for
commissioning; definition of a minimum set of primary rights, the duration of
such rights and how negotiations for primary rights will be conducted
separately from secondary and tertiary rights negotiations; a list of
indicative tariffs relating to the fees for primary rights by genre and
daypart; proposals for development funding and cash flowing of productions; a
dispute resolution and so forth (not exhaustive list!)
next step is: PSBs to submit draft Codes for approval to the ITC
by the end of July 2003
cf.2003-01-15
DCMS, ITC / 2002-11-25
ITC
2003-05-21 EC
European
Commission launches a broad debate on the future of services of general
interest – comments invited by September 15th
EC
raises the question whether there is a need for creating a general legal
framework for services of general interest at Community level
cf. Services
of General Interest home page
2003-04-24 VPRT
Transparenz bei Gebührenverwendung eingefordert
– Steuerbegünstigung steht auf dem Prüfstand
2003-04-22 JFTC
cf. 4月23日事務総長会見記録
cf. 2003-04-22 日本野球機構との「独占的商品化許諾契約」に関する公正取引委員会からの警告について
[Konami]
cf. 2003-04-25 グローバル・ビジネスにおける独占的商品化許諾契約について
[Konami]
不公正な取引方法〔その他の取引拒絶〕～サブライセンスの制限
2003-04-17 総務省
「衛星放送におけるプラットフォーム事業者の業務に係るガイドラインに関する指針」の公表（ＣＳデジタル放送に関係する事業の在り方に関する検討会）
Signing of the Accession Treaty – Informal European Council
2003-04-16 EC
2003-03-31 JFTC
「デジタルコンテンツと競争政策に関する研究会」報告書について
役務ガイドライン、改定へ
2003-02-12 EC 
Commission
puts in place final piece of new framework for electronic communications
Commission Recommendation On Relevant
Product and Service Markets within the electronic communications sector
susceptible to ex ante regulation in accordance with Directive 2002/21/EC of
the European Parliament and of the Council on a common regulatory framework for
electronic communication networks and services C(2003)497
Recommendation
/ Explanatory
memorandum
Commission
identified 18 markets in the electronic communications sector that national
regulators will have to investigate in order to decide whether these markets continue
to justify sector specific regulation
«Recommendation
on relevant markets and New regulatory framework»
related speech by M. Erkki Liikanen at
Press Conference Brussels, 12 February 2003
2003-02-11 DCMS 
Tessa
Jowell speech to the Westminister Media Forum on 'Must carry/Must offer'
She
explains the background of the new Communications Bill, particularly about the
difference of ‘Must Carry’ rules on cable and satellite, the relationship
between competition law and regulation on Public Service Broadcaster and so
forth
2003-02-01 European Union 
Treaty of Nice, enter into effect – Treaty of Nice site
cf. Summary
of the treaty of Nice / The
treaty of Nice enters into force: an essential building block to enlarge the
European Union
おそらくカルトクイズで出るのが、ジャーナル名の変更でしょう（笑）。先般のメモにも書きましたが、specialised chambersの運用が注目されます。
2003-01-30 OFT
The
OFT has published its decision that BSkyB has not breached competition law
full text was published
cf.2002-12-17
2003-01-21 EC
State
aid probe into possible overcompensation for Danish public service broadcaster
TV2 – State Aid
Assessment under the Commission Communication on the
application of state aid rules to public service broadcasting (see2001-11-15):
the Commission’s preliminary conclusion is that TV2 could cross-subsidise its
commercial activities and thereby distort competition in this market
2003-01-15 DCMS 
Tessa
Jowell Responds to ITC Programme Supply Review
Speech
draft for IPPR Convention on Public Service Communications
She said she was accepting almost all its recommendations,
including amendments to the Communications Bill on the introduction of binding
code of practice governing the dealings of broadcasters with independent
production companies…for detailed contents refer to 2002-11-25
2003-01-15 ITC 
Following Jowell's response, ITC issued the following
statement it welcomes the Government's response to the Programme Supply Review
and will be working with Ofcom to take these issues forward
2003-01-14 ECJ
Opinion
of the Advocate General in the case C-280/00 Altmark Trans et
Regierungspräsidium Magdeburg – State Aid
AG Léger takes the view that State financing of public
services constitutes State aid within the meaning of the Treaty --- Considering
the importance of the question, the Court decided to arrange to arrange a
second hearing to request all the Member States and the Council and the
Commission to put forward their points of view…it is an exceptional
procedure
cf. [継続トピックス]
; AG Jacob’s Opinion on this case refers to2002-03-19
アイコンのストックです（笑） 
【ご感想、リンク希望等連絡先】
mailto: estate4 at
a1.mbn.or.jp
