Judgment of the Court of First Instance of 25 October 2002 in Case T-5/02: Tetra Laval BV v Commission of the European Communities (Competition — Regulation (EEC) No 4064/89 — Decision declaring a concentration incompatible with the common market — Rights of the defence — Horizontal and vertical effects — Foreseeable conglomerate effects — Leveraging — Potential competition — General effect of reinforcement)
Date: 2003-01-25
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), competition law, dominant position, economic concentration, preparation for market

C 19/34

EN

Official Journal of the European Communities

25.1.2003

— default interest in respect of the benefits accruing to the
applicant under the allowances in issue, for each month
from October 2000 until the date on which the decision
of 16 July 2001 takes effect, until full payment of the
amounts due.

3.

orders the rate of default interest to be calculated on the basis
of the rate fixed by the European Central Bank for main
refinancing operations, applicable in the period in question,
plus two points.

4.

orders the Commission to pay the costs.

( 1) OJ C 3 of 5.1.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 25 October 2002

in Case T-80/02: Tetra Laval BV v Commission of the
European Communities (1)

(Competition — Regulation (EEC) No 4064/89 — Decision
ordering separation of undertakings — Article 8(4) of
Regulation No 4064/89 — Illegality of the decision declaring
a concentration incompatible with the common market —
Ensuing illegality of the divestiture decision)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 25 October 2002

in Case T-5/02: Tetra Laval BV v Commission of the
European Communities (1)

(Competition — Regulation (EEC) No 4064/89 — Decision
declaring a concentration incompatible with the common
market — Rights of the defence — Horizontal and vertical
effects — Foreseeable conglomerate effects — Leveraging —
Potential competition — General effect of reinforcement)

(2003/C 19/64)

(Language of the case: English)

In Case T-5/02, Tetra Laval BV, established in Amsterdam
(Netherlands), represented by A. Vandencasteele, D. Wael-
broeck, A. Weitbrecht and S. Völcker, lawyers, v Commission
the European Communities (Agents: A. Whelan and
of
P. Hellström): Application for annulment of Commission
Decision C (2001) 3345 final of 30 October 2001 declaring a
concentration to be incompatible with the common market
and the EEA Agreement (Case No COMP/M.2416 — Tetra
Instance (First Chamber),
Laval/Sidel),
composed of: B. Vesterdorf, President, J. Pirrung and N.J. For-
wood, Judges; D. Christensen, Administrator, for the Registrar,
has given a judgment on 25 October 2002, in which it:

the Court of First

1. Annuls Commission Decision C (2001) 3345 final of
30 October 2001 declaring a concentration to be incompatible
with the common market and the EEA Agreement (Case
No COMP/M.2416 — Tetra Laval/Sidel);

2. Orders the Commission to bear its own costs and to pay the

costs of the applicant.

( 1) OJ C 68 of 16.3.2002.

(2003/C 19/65)

(Language of the case: English)

In Case T-80/02, Tetra Laval BV, established in Amsterdam
(Netherlands), represented by A. Vandencasteele, D. Wael-
broeck, A. Weitbrecht and S. Völcker, lawyers, v Commission
of
the European Communities (Agents: A. Whelan and
P. Hellström): Application for annulment of the Commission
Decision of 30 January 2002 setting out measures in order to
restore conditions of effective competition pursuant to Article
8(4) of Council Regulation (EEC) No 4064/89 of 21 December
1989 on the control of concentrations between undertakings
(Case No COMP/M.2416 — Tetra Laval/Sidel), the Court of
First Instance (First Chamber), composed of: B. Vesterdorf,
President, J. Pirrung and N. J. Forwood, Judges; D. Christensen,
Administrator, for the Registrar, has given a judgment on
25 October 2002, in which it:

(1) Annuls the Commission Decision of 30 January 2002
setting out measures in order to restore conditions of effective
competition pursuant to Article 8(4) of Council Regulation
(EEC) No 4064/89 of 21 December 1989 on the control of
concentrations between undertakings
(Case No COMP/
M.2416 — Tetra Laval/Sidel);

(2) Orders the Commission to bear its own costs and to pay those
including those relating to the interim

the applicant,

of
proceedings.

(1) OJ C 156 of 29.6.2002.