The EU Court of Justice annuls commission’s settlement decision for its failure to consider adverse effects on third party interests (Paramount / Sky / Groupe Canal +)

On 9 December 2020, the European Court of Justice (“ECJ”) upheld Canal +’s appeal against the General Court’s (“GC”) judgment that had upheld the Commission’s commitments decision in the Paramount case, and annulled the GC’s judgment as well as the Commission decision (Case C-132/19 P). The ECJ, following the Advocate General’s opinion, found that the Commission had failed to take the adverse effects on third-party interests into account when accepting Paramount’s commitments. In 2014, the Commission opened an investigation regarding possible restrictions affecting competition in the supply of pay television services through licensing agreements. The Commission raised concerns regarding: (i) territorial exclusivity clauses by which a studio would grant an exclusive territorial licence to a

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Maria-Olga Papadopoulou, The EU Court of Justice annuls commission’s settlement decision for its failure to consider adverse effects on third party interests (Paramount / Sky / Groupe Canal +), 9 December 2020, e-Competitions Intellectual property, Art. N° 98584

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