Collective dominance : The EU Court of Justice imposes to the EU Court of First Instance a global approach of the cumulative conditions drawn from the Airtours case to demonstrate the creation or the reinforcement of a collective dominance (Impala)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Court of First Instance went a little too far... This is in substance the impression which emerges on reading today's judgment ,10 July 2008 by the Court of Justice of the European Communities in Case C-413/06 (Bertelsmann and Sony Corporation of America/Impala). Firmly departing from the suggestions made by Advocate General Juliane Kokott in its Opinion delivered on 13 December 2007, the Court annuls the judgment of the Court of First Instance of 13 July 2006, which had itself annulled the first authorisation granted by the Commission to the Sony/BMG merger, and, waiving the right to rule itself on the whole of the dispute, refers the case back to the