Case T-158/00





Arbeitsgemeinschaft der öffentlich-rechtlichen Rundfunkanstalten der Bundesrepublik Deutschland (ARD)

v

Commission of the European Communities





«(Competition – Concentrations – Admissibility – Pay-TV markets and digital interactive television services – Serious doubts as to compatibility with the common market – Commitments in the course of the first phase of examination – Time-limits – Amendment of commitments – Insufficiency of commitments)»

Judgment of the Court of First Instance (Third Chamber), 30 September 2003

Summary of the Judgment

1.. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Decision declaring a notified concentration compatible with the common market – Third-party undertaking which is a direct competitor in a neighbouring market to the dominated market and which participated in the administrative procedure – Admissibility

(Art. 230, fourth para., EC)

2.. Procedure – Application initiating proceedings – Procedural requirements – Summary of the pleas in law relied on – Pleas in law not set out in the application – Reference to arguments put forward in the administrative procedure – Inadmissible

(Rules of Procedure of the Court of First Instance, Art. 44(1)(c))

3.. Competition – Concentrations between undertakings – Assessment of compatibility with the common market – Creation or strengthening of a dominant position – No significant impediment to effective competition – Permissible

(Council Regulation No 4064/89, Art. 2(2))

4.. Competition – Concentrations between undertakings – Investigation by the Commission – Examination according to the impact on the market of the operation in question

(Art. 81 EC; Council Regulation No 4064/89, Art. 2)

5.. Competition – Concentrations between undertakings – Investigation by the Commission – Commitments entered into by the undertakings concerned likely to make the notified concentration compatible with the common market – Commitments as to conduct – Permissible

(Council Regulation No 4064/89, Art. 2(2) and (3))

6.. Competition – Concentrations between undertakings – Investigation by the Commission – Adoption of a decision declaring a notified concentration compatible with the common market without initiating the Phase II procedure – Condition – No serious doubts – Commitments entered into by the undertakings concerned likely to dispel the doubts which have arisen and to make the notified concentration compatible with the common market – Economic assessments – Discretion – Judicial review – Subject-matter – No manifest error of assessment

(Council Regulation No 4064/89, Art. 6(1) and (2))

7.. Competition – Concentrations between undertakings – Investigation by the Commission – Commitments entered into by the undertakings concerned likely to make the notified concentration compatible with the common market – Commitments appearing essentially to relate to adopting conduct which does not infringe Article 82 EC – Commitments not entirely without interest

(Art. 82 EC)

8.. Competition – Concentrations between undertakings – Administrative procedure – Commitments entered into by the undertakings concerned – Modifications notified beyond time-limit – Commission taking into account modified commitments and finding the concentration to be compatible with the common market – Permissible

(Commission Regulation No 447/98, Art. 18(1))

9.. Competition – Concentrations between undertakings – Investigation by the Commission – Commission's obligations vis-à-vis qualifying third parties – Communication, for prior comment, of the final terms of the commitments given by the undertakings concerned – None

(Council Regulation No 4064/89, Arts 6(1)(c) and 18(4))

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