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stephen wiskingThe European Court of Justice (ECJ) has dismissed the European Commission’s (EC’s) appeal against the Court of First Instance’s (CFI’s) ruling in Tetra Laval/Sidel. Despite what may at first glance appear a total defeat for the commission, the ECJ’s ruling contains an important victory for it in relation to the standard of evidence required before it can adopt a prohibition decision under the EC Merger Regulation. The ruling will also have a practical impact on the assessment of conglomerate mergers (where the parties operate in different markets).

 

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