Language of document :

Judgment of the Court of First Instance of 9 July 2007 - Sun Chemical Group and Others v Commission

(Case T-282/06) 1

(Competition - Concentration - European rosin resin market for printing ink applications - Decision declaring a concentration compatible with the common market - Guidelines on the assessment of horizontal mergers - Market shares and concentration levels - Non-coordinated effects - Coordinated effects - Obligation to state reasons)

Language of the case: English

Parties

Applicants: Sun Chemical Group and Others (Weesp, Netherlands); Siegwerk Druckfarben AG (Sieburg, Germany) and Flint Group Germany GmbH (Stuttgart, Germany) (represented by: N. Dodoo and K.H. Eichhorn, lawyers)

Defendant: Commission of the European Communities (represented by: A. Whelan, S. Noë and V. Bottka, Agents)

Interveners in support of the defendant: The Apollo Group (New York, New York, United States) and Hexion Speciality Chemicals, Inc. (Columbus, Ohio (United States)) (represented by: I.M. Sinan, Barrister and J. Uphoff, Solicitor)

Re:

Application for annulment of the Commission Decision of 29 May 2006 declaring compatible with the common market and the EEA Agreement the concentration concerning the acquisition by Hexion Speciality Chemicals (The Apollo Group) of full control of Akzo Nobel's Inks and Adhesive Resins business (Case COMP/M.4071- Apollo/Akzo Nobel IAR)

Operative part of the judgment

The Court:

Dismisses the action;

Orders Sun Chemical Group BV, Siegwerk Druckfarben AG and Flint Group Germany GmbH to bear their own costs and to pay those of the Commission and of the interveners.

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1 - OJ C 281, 18.11.2006.