The EU Court of Justice upholds the Commission’s decision prohibiting a merger that will give rise to the creation or strengthening of a dominant position (Kesko Oy)

Case T-22/97 Kesko Oy ν Commission of the European Communities* 1. The fact that the contractual basis for a concentration has disappeared cannot in itself exclude judicial review of the legality of a Commission decision declaring that concentration incompatible with the common market. The applicant undertaking therefore retains an interest in seeking annulment of that decision. 2. Where an undertaking has merely complied with a Commission decision, as it was obliged to do, it cannot on that account be deprived of its interest in seeking annulment of that decision. 3. It is not for the Commission to rule on the division of competences by the institutional rules proper to each Member State. Accordingly, it is not for the