Judgment of the Court of First Instance of 13 July 2006 - IMPALA v Commission
(Competition - Regulation (EEC) No 4064/89 - Decision declaring a concentration compatible with the common market - Markets for recorded music and on-line music - Existence of a collective dominant position - Risk of creation of a collective dominant position - Conditions - Transparency of the market - Deterrence - Statement of reasons - Manifest error of assessment)
Language of the case: English
Parties
Applicants: Independent Music Publishers and Labels Association (Impala, international association) (Brussels, Belgium) (represented by: S. Crosby and J. Golding, Solicitors, and I. Wekstein-Steg, lawyer)
Defendant: Commission of the European Communities (represented by: A. Whelan and K Mojzesowicz, Agents)
Interveners: Bertelsmann AG (Gütersloh, Germany) (represented by: J. Boyce, Solicitor, P. Chappatte and D. Loukas, lawyers), Sony BMG Music Entertainment BV (Vianen, Netherlands) and Sony Corporation of America (SCA) (New York, United States) (represented by: N. Levy, Barrister, R. Snelders and T. Graf, lawyers)
Re:
Annulment of Commission Decision C(2004) 2815 of 19 July 2004 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case No COMP/M.3333 - Sony/BMG)
Operative part of the judgment
The Court:
Annuls Commission Decision C(2004) 2815 of 19 July 2004 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case No COMP/M.3333 - Sony/BMG);
Orders the Commission to bear its own costs and to pay three quarters of those incurred by the applicant;
Orders the applicant to bear one quarter of its costs;
Orders the interveners to bear their own costs.
____________1 - OJ C 6 of 8.1.2005