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Article: Tetra Laval/Sidel Merger: European Court of Justice Supports Judicial.
- Article from:
- Mondaq Business Briefing
- Article date:
- March 11, 2005
CopyrightCOPYRIGHT 2005 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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On February 15, the European Court of Justice (the equivalent of the United States Supreme Court) upheld the Court of First Instance's judgment overturning the European Commission's decision to block the merger between Tetra Laval and Sidel. At stake was the scope of judicial review of the Commission's opinions and the standard of proof and the sufficiency of the evidence needed by the Commission to support its opinions. A stinging legal defeat for the Commission, this decision affirms the right of the court to scrutinize its opinions to ensure that they are supported by sufficient economic evidence and consider mitigating factors when making predictive judgments.