"Merger Control: Main developments between 1st September 2002 and 31st December 2002"* On 25 October 2002, the Court of First Instance (CFI) delivered its ruling in case T-5/02, Tetra Laval v Commission, and annulled the Commission’s Decision of 30 October 2001 declaring as incompatible with the common market the merger between Tetra Laval, a Swiss-based packaging company mainly active in carton packaging, with Sidel, a French packaging company mainly active in plastic PET packaging equipment. The Commission’s prohibition decision of 30 October 2001 The Commission’s decision focused mainly on the likely anti-competitive effects of the merger. The Commission concluded that the two companies were active in distinct product markets, carton packaging and PET packaging equipment
The EU Court of Justice annuls the Commission’s decision declaring as incompatible with the common market a merger between a Swiss packaging company with a French company mainly active in plastic PET packaging equipment (Tetra Laval / Sidel)
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