For the third time this year, and the second time this week, the European Court of First Instance ("CFI") has overturned a decision of the EC Commission to block a merger. Once again, the CFI criticized the Commission’s factual findings and its analysis. Within hours of the judgment, Commissioner Monti announced his intention to push through the major package of reforms to the EC merger control procedure (which have been under discussion for some time) by the end of December. He also announced that as from Wednesday, he had put merger control under the personal supervision of the Director General, Philip Lowe. The judgment is also important for its analysis of the Commission’s theories of conglomerate effects and leveraging – theories on which the Commission relied to veto the
The EU CFI overturns the EU Commission’s decision to block a merger in the packaging equipment sector addressing the issues of conglomerate effects and leveraging (Tetra Laval / Sidel)
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