CASE COMMENTS : CONCENTRATION - PHASE II WITH COMMITMENTS – BARGAINING POWER
Phase 2 with commitments: The European Commission uses a new theory of harm related to an increased bargaining power of the parties to impose significant commitments (Universal Music Group / EMI Music)
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On September 21, 2012, the European Commission (the "Commission") conditionally approved the acquisition of sole control of the core business of UK-based EMI Group Global Limited ("EMI") by Universal Music Group ("Universal", together the "Parties"), a subsidiary of French media and telecommunications conglomerate Vivendi (the "Operation"). Both Universal and EMI are active in the music industry and were among the four music industry majors, together with Sony Music ('Sony') and Warner Music Group ('Warner'), alongside smaller independent labels. The non-confidential version of the decision was published on 23 July 2013.
The Commission's decision attracted
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