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Judicial interference: redefining the role of the judiciary within the context of U.S. and E.U. merger clearance coordination.
- Article from:
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Vanderbilt Journal of Transnational Law
- Article date:
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November 1, 2007
- Author:
- Carson, Yasmine
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Copyright informationCOPYRIGHT 2007 Vanderbilt University, School of Law. 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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ABSTRACT
In December 2003, Sony and Bertelsmann AG (BMG) sought approval from the Federal Trade Commission and European Commission to effectuate a joint venture between the two companies. Remarkably, almost two years after both antitrust authorities had cleared the Sony-BMG joint venture, the Court of First Instance annulled the European Commission's decision to approve the transaction. This groundbreaking decision by the Court of First Instance has the potential to undermine coordination efforts between antitrust authorities in the United States and the European Union, as well as to frustrate the predictability and efficiency that businesses need in merger regulation. ...