CELEX: C2006/224/85
Language: en
Date: 2006-09-16 00:00:00
Title: Case T-464/04: 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)

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)
   
   (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.
            
         
      (1)  OJ C 6 of 8.1.2005