Burden of proof: The ECJ gives some guidance regarding the burden of proof and behavioural remedies Tetra Laval

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – ECJ, 15 February 2005, Commission v. Tetra Laval BV, case C-12/03 P By decision of 30 October 2001 (Case COMP/M.2416), the Commission prohibited the merger between Tetra Laval and Sidel in the plastic and carton packaging of beverages. Prior to the operation, Tetra was dominant in carton packaging and Sidel was the leader in the production of plastic (PET) packaging equipment. Although the carton and PET markets are separate, the Commission noted that they tend to converge and that there is an increasing proportion of common customers in both markets. According to the Commission, post-merger, Tetra's dominant position in carton would allow it to leverage