The EU General Court annuls a Commission decision prohibiting a merger in the packaging industry for insufficient evidence in the examination of the potential leveraging methods (Tetra Laval / Sidel)

THE COURT OF FIRST INSTANCE ANNULS A COMMISSION DECISION PROHIBITING THE MERGER OF TETRA LAVAL AND SIDEL AND THE RELATED DIVESTITURE DECISION.* The economic analysis of the immediate anti-competitive effects, of conglomerate effects and of the foreseeable conduct of the companies in question is based on insufficient evidence and some errors of assessment. However, Tetra Laval's argument concerning infringement of the right of access to the file is rejected. Nine months after the cases were lodged by the Tetra Laval BV group, the world leader in carton packaging, the Court of First Instance, ruling in an expedited procedure, has handed down two judgments. The cases concern, first, the Commission's decision to prohibit a merger between the Tetra Laval group, the world leader in the

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General Court of the European Union, The EU General Court annuls a Commission decision prohibiting a merger in the packaging industry for insufficient evidence in the examination of the potential leveraging methods (Tetra Laval / Sidel), 25 October 2002, e-Competitions Due Process Research Program, Art. N° 93625

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