CASE COMMENT : MERGER - STANDARD OF PROOF

Standard of proof - Annulment: The ECJ confirms the CFI ruling having annuled the EC merger clearance Sony-BMG and rules on the standard of proofs in merger proceedings (Bertelsman - Sony / Impala)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – ECJ, 10 July 2008, Bertelsmann AG and Sony Corporation v Impala and Commission, Case C-413/06 P In a clear departure from the Opinion of Advocate General Julian Kokott delivered on 13 December 2007, the Court of Justice of the European Communities (hereinafter the "Court of Justice" or the "Court"), by judgment of 10 July 2008, set aside the judgment of the Court of First Instance (hereinafter the "Court" or the "CFI") delivered on 13 July 2006 in the case of Bertelsmann and Sony Corporation of America v Impala. As a reminder, the CFI's judgment was the first, and to date is still the only one, to have annulled an unconditional authorisation decision of

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Authors

  • Freshfields Bruckhaus Deringer (Paris)
  • Fiducial Legal by Lamy (Lyon)

Quotation

Jérôme Philippe, Aude Guyon, Standard of proof - Annulment: The ECJ confirms the CFI ruling having annuled the EC merger clearance Sony-BMG and rules on the standard of proofs in merger proceedings (Bertelsman - Sony / Impala), 10 July 2008, Concurrences N° 4-2008, Art. N° 22257, www.concurrences.com

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