Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 16.9.2006 | EN | Official Journal of the European Union | C 224/39 |

---

Judgment of the Court of First Instance of 13 July 2006 — IMPALA v Commission

(Case T-464/04)[(1)](#ntr1-C_2006224EN.01003903-E0001)

(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)

(2006/C 224/85)

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:

|  |  |
| --- | --- |
| 1. | 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); |

|  |  |
| --- | --- |
| 2. | Orders the Commission to bear its own costs and to pay three quarters of those incurred by the applicant; |

|  |  |
| --- | --- |
| 3. | Orders the applicant to bear one quarter of its costs; |

|  |  |
| --- | --- |
| 4. | Orders the interveners to bear their own costs. |

---

[Top](#document1)