Source: All England Reporter
Publisher Citation: [2002] All ER (D) 374 (Oct)
Court: Court of First Instance of the European Communities (First Chamber)

Judges Vesterdorf (President), Pirrung and Forwood

Judgment Dates: 25 October 2002


European Communities - Rules of competition - Abuse of dominant position - Dominant position - Determination of anti-competitive horizontal, vertical and conglomerate effects.

The Case

Commission Decision C(2001) 3345 (declaring a concentration to be incompatible with the common market and the EEA Agreement (Case No COMP-M.2416Tetra Laval-Sidel) had not established to the requisite legal standard that the horizontal and vertical effects of the merger gave rise to a dominant position or that it would give rise to anti-competitive effects. Consequently, the decision was annulled.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.