Judgment — ECLI:EU:T:2002:265
Date: 2002-10-25
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition;Agreements, decisions and concerted practices;Dominant position
Concepts: Decision of the Commission
Procedure: Action for annulment - successful
Origin: Netherlands

Summary of the Judgment 
Competition — Concentrations — Decision ordering separation of undertakings — 
Decision having as its legal basis a decision declaring a concentration incompatible with 
the common market — Annulment of the incompatibility decision necessarily rendering 
the divestiture decision illegal 
(Council Regulation No 4064/89, Arts 7(3) and 8(4» 
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SUMMARY — CASE T-80/02 
When a concentration has been imple­
mented pursuant to Article 7(3) of Regu­
lation No 4064/89 on the control of con­
centrations between undertakings, the sep­
aration of the undertakings involved in the 
concentration is the logical consequence of 
the decision declaring the concentration 
incompatible with the common market. 
The adoption of a divestiture decision 
subsequent to the adoption of a decision 
pursuant to Article 8(4) of the Regulation 
declaring a concentration incompatible 
with the common market presupposes that 
the latter decision is valid. 
(see paras 36-37) 
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