The EU’s Court of First Instance has overturned for the second time in one week the Commission’s decision to block a merger between two companies.
The Court of First Instance annuled the prohibition of this merger between Sidel and Tetra Laval with the argument that the “economic analysis of the immediate anti-competitive effects, of conglomerate effects and of the foreseeable conduct of the companies in question is based on insufficient evidence and some errors of assessment”. The Court rejected however Tetra Laval’s argument concerning infringement of the right of access to the file.
On 22 October, the Court had annuled the Commission’s veto against the merger of French companies Legrand and Schneider (see
EURACTIV 23 October 2002). Four months earlier, the same Court overturned another Commission decision to block the merger between the UK travel groups Airtours and First Choice (seeEURACTIV 7 June 2002).