The EU Court of Justice annuls the Commission’s decision declaring as incompatible with the common market a merger between a Swiss packaging company with a French company mainly active in plastic PET packaging equipment (Tetra Laval / Sidel)

"Merger Control: Main developments between 1st September 2002 and 31st December 2002"* On 25 October 2002, the Court of First Instance (CFI) delivered its ruling in case T-5/02, Tetra Laval v Commission, and annulled the Commission’s Decision of 30 October 2001 declaring as incompatible with the common market the merger between Tetra Laval, a Swiss-based packaging company mainly active in carton packaging, with Sidel, a French packaging company mainly active in plastic PET packaging equipment. The Commission’s prohibition decision of 30 October 2001 The Commission’s decision focused mainly on the likely anti-competitive effects of the merger. The Commission concluded that the two companies were active in distinct product markets, carton packaging and PET packaging equipment