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Document C2006/224/85

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)

OJ C 224, 16.9.2006, p. 39–40 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

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


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