The EU Court of First Instance annuls the Commission decision in a merger case which attempted to retroactively modify the original assessment on the ancillary restrictions (Lagardere / Canal Plus)

"Merger Control: Main developments between 1st September 2002 and 31st December 2002"* The main interest of this judgment lies in its impact on the interpretation of the Merger Regulation with regard to ancillary restraints. The Court held that contractual clauses which constitute restrictions directly related and necessary to the realisation of an operation of concentration (ancillary restrictions) and which have been approved by the Commission, fall outside the application of Regulation 17 and the other sectorial regulations listed in Article 22(1) ECMR. In