On June 9, 2010, the EU’s General Court (Court) issued its judgment on an appeal by Editions Odile Jacob (EOJ) against a decision by the European Commission (the Commission) refusing to disclose certain documents relating to the Commission’s review under the EC Merger Regulation of the acquisition by Lagardére of Vivendi Universal Publishing (Case COMP/M.2978, Lagardère/Natexis/VUP). The Court’s judgment, which significantly increases the burden for the Commission to justify refusals of access to its files, may have far-reaching consequences for merger control proceedings, but potentially also for proceedings under Article 101 or 102 TFEU (cartels and abuses of dominance). The Facts In January 2004, following a Phase II investigation, the Commission conditionally approved Lagardère’s
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The EU General Court imposes a high burden on the Commission to refuse access to its confidential records (Editions Odile Jacob)
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