BMG-Sony Merger Reversal Highlights Burden Of Proof

Law360, New York (July 22, 2008, 12:00 AM EDT) -- On 10 July 2008, the European Court of Justice (ECJ) wrote the latest chapter in the BMG/Sony merger saga by finding, contrary to the views of the Court of First Instance (CFI), that the European Commission had properly approved the combination as consistent with the EC Merger Regulation.[1]

Though a major victory for the Commission and the parties, the ECJ’s judgment also highlights the stringent standards of proof and other obligations that the Commission must satisfy when reviewing proposed concentrations.

Background Of The Case

The case...
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