The EU Court of Justice issues ruling against the prohibition decision imposing a duty on the Commission to exercise much greater care in the examination of complex mergers with potential conglomerate effects (Tetra Laval / Sidel)

European Court Raises Bar On The European Commission’s Use Of Novel Theories In Merger Cases* On February 15, 2005, the European Court of Justice (“ECJ”) rejected an appeal by the European Commission against the judgment of the Court of First Instance (“CFI”), annulling the Commission’s decision prohibiting the merger between Tetra Laval and Sidel. On October 30, 2001 the Commission had prohibited Tetra Laval’s acquisition of Sidel under the old EC Merger Regulation. The Commission had concluded that the combination of Tetra’s dominant position in the market for carton packaging, with Sidel’s leading position in polyethylene terephthalate (“PET”) plastic packaging equipment, would potentially create a dominant position in the market for SBM machines in the European Economic Area. The

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  • Sheppard Mullin (Del Mar)

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Neil Ray, The EU Court of Justice issues ruling against the prohibition decision imposing a duty on the Commission to exercise much greater care in the examination of complex mergers with potential conglomerate effects (Tetra Laval / Sidel), 15 February 2005, e-Competitions February 2005, Art. N° 67400

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