Aug 23, 2005 - Hogan Lovells

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A
UGUST
23
,

2005



1.

COMPETITION


M&A




Permira

and
Kohlberg Kravis Roberts
, the buy
-
out groups, on August 22, 2005

agreed to
buy
SBS Broadcasting
, the
Euronext
-
listed TV

and
radio group
, in

a recommended deal
worth Euro
2.1bn

(FT, August 23, 2005, p. 13)



El
ectricité de France (EDF)
, which is controlled by the French state, and
AEM
, an energy
firm controlled by the municipality of Milan, have got the go ahead from the European
Commission to take over Italian energy company
Edison
(EIS, August 22, 2005)



Whirlpo
ol
and
Maytag

on August 22, 2005 announced a US$
2.7bn merger that will
create the world's largest household appliance maker by sales, provided it wins
regulatory approval from US antitrust authorities

(FT, August 23, 2005, p. 14)



Doosan Heavy Industries
, S
outh Korea's largest manufacturer of power gene
ration
equipment, said on August 22, 2005

it had submitted a letter of intent to buy US nuclear
power plant company,
Westinghouse Electric
, from
British Nuclear Fuels

(FT, August 23,
2005, p. 14)



OSI Pharmaceu
ticals

has agreed to pay US$
935m for
Eyetech Pharmaceuticals
, a US
biotechnology group specializing in drugs for the eye

(FT, August 23, 2005, p. 14)



PGL Travel
, the activity holiday specialist and school tour operator, has been bought by
its management fr
om the family of Peter Gordon Lawrence, its

founder, in a deal worth
UK£
42m

(FT, August 23, 2005, p. 16)



Viacom
, the US media

conglomerate that owns MTV and CBS, has joined the list of
potential bidders for
Flextech
, the UK content division that
Telewest
,
the cable operator,
is considering selling

(FT, August 23, 2005, p. 18)



China National Petroleum Corporation

on August 22, 2005 agreed to buy
PetroKazakhstan
, its central Asian rival, for US$4.18bn in China's biggest cross
-
border
takeover (FT, August 23, 2
005, p. 1)



The following concentration has been notified by the European Commission:



HeidelbergCement/De Hoop Terneuzen/Mermans Beton/JV

(
cement,
aggregates, rea
dy


mixed concrete, dry mortar) (OJ C 206, August 22,
2005, p. 3)



The following concentration
s have been cleared by the European Commission:



Lufthansa/Swiss

(aviation sector)

(OJ C 204, August 22, 2005, p. 3)



NYK Reefers/
Lauritzen

(
managing of
bulk refrigerated vessels used for
the transport by sea of perishable goods)
(RAPID,
August 23
, 2005)



Lei
ca MS/Danaher

(
professional instruments, industrial technologies and
mechanics’ hand tools)
(RAPID, August 23, 2005)



PAI Partners SAS/KWIK
-
FIT)

(OJ C 206, August 22, 2005, p. 4)



DAIG/Viterra

(OJ C 206, August 22, 2005, p. 4)





PHL/PEL

(OJ C 206, August 22,
2005, p. 4)


Other




The EU
's top competition authority has formally charged
BASF
,
ICI
,
Degussa

and
several other European chemicals groups with operating a price
-
fixing cartel in the
market for methacrylate, a substance used in paints

(FT, August 23, 2005,

p. 13)



2.

TRADE




A team of EU

trade negoti
ators will fly to China

on August 24, 2005

to try to resolve the
crisis over blocked imports of Chinese textiles, after three further clothing cate
gories
breached quotas on August 22, 2005 (FT, August 23, 2005, p.
1)



Commission Reg
ulation (EC) No 1370/2005 of
August
22,
2005 initiating a review of
Council Regulations (EC) No 1975/2004 and (EC) No 1976/2004 extending definitive
anti
-
dumping and countervailing duties on imports of polyethylene terephthalate (PET)
film

originating, inter alia,

India, to imports of that product consigned from, inter alia,
Israel for the purposes of determining the possibility of granting an exemption from
those measures to one Israeli exporter, repealing the anti
-
dumping duty with regard

to
imports from that exporter and making imports from that exporter subject to registration

(OJ L 2
1
8, August 23, 2005, p. 3)



3.

MEDIA / TELECOMMUNICATIONS


Please

see

under Competition



4.

FOOD / CONSUMER POLICY / PHARMACEUTICALS




EU

countries are split ov
er the best way to respond to the threat of a bird flu pan
demic.
The Netherlands on August 22, 2005

ordered farmers to keep poultry inside to prevent
bird flu spreading into the country

(FT, August 23, 2005, p. 1)



GlaxoSmithKline

is gearing up to file for
prelimi
nary European regulatory approv
al by
the end of this year for a pandemic flu vaccine that could be used to tackle the future
spread of the lethal H5N1 virus

(FT, August 23, 2005, p. 2)


Please see also under Competition


5.

ENVIRONMENT




The deadline fo
r implementing the 2004 packaging waste Directive (2004/12/EC) passed
on August 18,
2005
with only Austria, the Czech Republic, Germany, Luxembourg and
the United Kingdom meeting it

(EIS, August 22, 2005)



6.

TRANSPORT / ENERGY


No major developments





7.

ENLAR
GEMENT


No major developments



8.

OTHER DEVELOPMENTS




Heinz

on August 22, 2005
joined a growing list of US food companies suffering from
persistent weakness in the European e
conomy by reporting a 19%

fall in first
-
quarter
profit amid flat sales in the region

(FT, August 23, 2005, p. 13)



In Queensland to attend the Quint meeting of Agriculture Ministers, the EU’s
Commissioner for Agriculture and Rural Development, Mariann Fischer Boel, said the
EU had already shown leadership through its reform of the Common A
gricultural Policy
(CAP) and by putting its export subsidies on the negotiating table

(RAPID, August 23,
2005)



List of abbreviations


AE
:

Agence Europe


DG COMP:

The web
-
site of
the
Directorate
-
General

for Competition

DG INFOSOC:

The web
-
site of the Dire
ctorate
-
General for Information Society and Media

EIS
:

Europe Information Service

(formerly
European Report
)

EV
:

European Voice

FT
:

F
inancial Times

OJ
:

Official Journal

RAPID
:

Rapid


The Press and Communication Service of the European Commission

WSJE
:

Wal
l Street Journal Europe
















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jmailly@hhlaw.com

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