The EU Court of Justice annuls a Commission’s decision accepting legally binding commitments offered by a company aimed at addressing an investigation into cross-border pay-TV in the EU (Paramount / Sky / Groupe Canal +)

On 9 December 2020, the Court of Justice of the EU (“CJEU”) annulled a European Commission decision accepting legally binding commitments offered by Paramount aimed at addressing a Commission investigation into cross-border pay-TV in the EU (the “Paramount Commitment Decision”). The CJEU also set aside a General Court judgment that had rejected an action for annulment of the Paramount Commitment Decision. This judgment, which is the first annulment by the EU’s highest court of a Commission commitment decision, is important as it clarifies the obligations of the Commission in commitment decisions adopted under Article 9 Regulation 1/2003. According to the CJEU, the Commission is not only required to verify that the commitments offered are appropriate to address the competition concerns

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Authors

  • Herbert Smith Freehills (London)
  • Herbert Smith Freehills (Brussels)
  • Herbert Smith Freehills (Brussels)
  • Herbert Smith Freehills (Brussels)

Quotation

Stephen Wisking, Daniel Vowden, Daniel Barrio, Agathe Célarié, The EU Court of Justice annuls a Commission’s decision accepting legally binding commitments offered by a company aimed at addressing an investigation into cross-border pay-TV in the EU (Paramount / Sky / Groupe Canal +), 9 December 2020, e-Competitions December 2020, Art. N° 98608

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