Standard of proof: The Court of Justice dismisses the Commission’s appeal and limits its discretion regarding mergers control by imposing the Commisssion a high standard of proof (Tetra Laval/Sidel)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Court of Justice of the European Communities therefore rejected it this morning, 15 February 2005, the actions brought by the Commission against the two judgments of the Court of First Instance, in which it annulled on 25 October 2002, and the incompatibility decision, and the decision Tetra Laval and Sidel, adopted by the Court of First Instance of the European Communities in a year earlier by the Commission. The challenge for the Commission was to first importance. It was nothing less than to define the level of the required when exercising its ex ante control over the and thus to determine the freedom to enter into concentrations, and thus to

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