CASE COMMENTS: MERGERS - NOMINEE AGREEMENT

Nominee agreement: The Court of Justice, Grand Chamber, confirms the General Court’s judgment that rejected the annulment of the the Commission’s decision which cleared a merger in the editing sector (Odile Jacob)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In the first place, the Court therefore validates the porting operation as soon as the The Court of First Instance did not deprive Article 3(5)(a) of the EC Treaty of its effectiveness. Regulation No 4064/89. Odile Jacob contested the qualification of the operation carried out by Natexis Banques Populaires on behalf of Lagardère, taking the view that the exception provided for in Article 3(5) of the Regulation No 4064/89, was to be interpreted strictly. As a result, Lagardère would in fact have acquired control of Editis (the assets sold by VUP) from December 2002. The Court replies that, by rejecting the argument, the Court of First Instance did not commit

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Nominee agreement: The Court of Justice, Grand Chamber, confirms the General Court’s judgment that rejected the annulment of the the Commission’s decision which cleared a merger in the editing sector (Odile Jacob), 6 November 2012, Concurrences N° 1-2013, Art. N° 57925, www.concurrences.com

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