CELEX: 62006CA0413
Language: en
Date: 2008-07-10 00:00:00
Title: Case C-413/06 P: Judgment of the Court (Grand Chamber) of 10 July 2008 — Bertelsmann AG, Sony Corporation of America v Commission of the European Communities Independent Music Publishers and Labels Association (Impala, an international association), Sony BMG Music Entertainment BV (Appeals — Competition — Control of concentrations between undertakings — Sony BMG joint venture — Appeal against the annulment of a Commission decision declaring a concentration compatible with the common market — Judicial review — Scope — Standard of proof — Role of the statement of objections — Strengthening or creation of a collective dominant position — Statement of reasons for a decision approving a concentration — Use of confidential information)

30.8.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 223/7
            
         Judgment of the Court (Grand Chamber) of 10 July 2008 — Bertelsmann AG, Sony Corporation of America v Commission of the European Communities Independent Music Publishers and Labels Association (Impala, an international association), Sony BMG Music Entertainment BV
   (Case C-413/06 P) (1)
   
   (Appeals - Competition - Control of concentrations between undertakings - Sony BMG joint venture - Appeal against the annulment of a Commission decision declaring a concentration compatible with the common market - Judicial review - Scope - Standard of proof - Role of the statement of objections - Strengthening or creation of a collective dominant position - Statement of reasons for a decision approving a concentration - Use of confidential information)
   (2008/C 223/10)
   Language of the case: English
   Parties
   
      Appellants: Bertelsmann AG (represented by: P. Chappatte and J. Boyce, Solicitors), Sony Corporation of America (represented by: N. Levy, Barrister, R. Snelders, avocat, and T. Graf, Rechtsanwalt)
   
      Other parties to the proceedings: Independent Music Publishers and Labels Association (Impala) (represented by: S. Crosby and J. Golding, Solicitors, and by I. Wekstein, Advocate), Commission of the European Communities (represented by: A. Whelan, Agent and K. Mojzesowicz, Agent), Sony BMG Music Entertainment BV, (represented by: N. Levy, Barrister, R. Snelders, avocat, and T. Graf, Rechtsanwalt)
   Re:
   Appeal against the judgment of the Court of First Instance (Third Chamber) of 13 July 2006 in Case T-464/04 Impala v Commission by which that Court annulled the Commission's Decision of 19 July 2004 declaring a concentration that creates a joint venture combining the activities of Sony and Bertelsmann in the recorded music sector to be compatible with the common market and the EEA Agreement (Case COMP/M.3333 — Sony/BMG)
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Sets aside the judgment of the Court of First Instance of 13 July 2006 in Case T-464/04 Impala v Commission;
            
         
               2.
            
            
               Refers the case back to the Court of First Instance of the European Communities;
            
         
               3.
            
            
               Reserves the costs.
            
         
      (1)  OJ C 326, 30.12.2006.