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The EU Court of Justice annuls for the first time a Commission’s decision under the merger regulation (Kali+Salz / MDK / Deutsche Treuhand)

The Kali+Salz-case – the re-examination of a merger after an annulment by the Court*(1) Background With judgement of 31 March 1998 the European Court of Justice annulled the Commission’s decision in the case Kali+Salz/MdK/Deutsche Treuhand. The case came before the Court as an appeal against the Commission decision of 14 December 1993 under the Merger Regulation, approving a concentration by which the potash and rock salt activities of Kali+Salz AG and of Mitteldeutsche Kali AG (MdK) should have been combined in a joint venture between Kali+Salz AG and the Treuhandanstalt. The Commission granted clearance following a second phase investigation, subject to compliance with commitments entered into by the parties vis-a-vis the Commission. The aim of the commitments was to bring an end to

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Nicole Hacker, The EU Court of Justice annuls for the first time a Commission’s decision under the merger regulation (Kali+Salz / MDK / Deutsche Treuhand), 9 July 1998, e-Competitions July 1998, Art. N° 39373

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