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European Advocate General opines that the reversal of the EU merger approval of the music units of Sony Corporation and Bertelsmann AG should be upheld; ECJ will likely adopt the opinion.

Publication: International Law Update
Publication Date: 01-DEC-07 		Format: Online
Delivery: Immediate Online Access
Full Article Title: European Advocate General opines that the reversal of the EU merger approval of the music units of Sony Corporation and Bertelsmann AG should be upheld; ECJ will likely adopt the opinion.(Juliane Kokott, European Court of Justice)

Article Excerpt
The following opinion of the Advocate General of the European Court of Justice (ECJ) analyzes in detail the ECJ's case law in the area of competition and merger control. In particular, it reviews the extent of the investigation and reasoning that is required of the EU Commission when it authorizes a concentration between companies.

The Advocate General of the ECJ, Juliane Kokott, has issued her opinion in the case of Bertelsmann and Sony Corporation of America v. Impala. In the fall of 2003, Bertelsmann and Sony agreed to integrate their global businesses for recorded music, on-line music and music publishing, creating the company Sony BMG. The EU Commission approved this proposed concentration through a decision on July...

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