The EU Court of Justice sets aside a judgment of the General Court upholding a 2016 EU Commission’s decision to make binding commitments offered by an American film studio on cross-border pay-TV services (Paramount)

On 9 December 2020, the European Court of Justice ("ECJ") set aside a judgment of the General Court upholding a 2016 decision by the European Commission ("Commission") to make binding commitments offered by Paramount on cross-border pay-TV services. This is the first time that a commitment decision adopted under Article 9 of Regulation 1/2003 has been successfully annulled. WHAT YOU NEED TO KNOW - KEY TAKEAWAYSCommitment decisions can be adopted by the Commission to address competition concerns without concluding whether or not an infringement has taken place.When assessing the proportionality of commitments offered by parties under investigation, the Commission must ensure that the rights of third parties are "not deprived of their substance". It is therefore important to be mindful

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  • Ashurst (London)

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Duncan Liddell, The EU Court of Justice sets aside a judgment of the General Court upholding a 2016 EU Commission’s decision to make binding commitments offered by an American film studio on cross-border pay-TV services (Paramount), 9 December 2020, e-Competitions December 2020, Art. N° 99166

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