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2012-11 E.C.R. 1 (2012)

handle is hein.intyb/rcbjcofi0341 and id is 1 raw text is: ZReports of Cases Case C-551/10 P 1tditions Odile Jacob SAS V European Commission (Appeal - Concentrations of undertakings in the book publishing market - Regulation (EEC) No 4064/89 - Nominee holding agreement - Ineffective grounds) Summary - judgment of the Court (Grand Chamber), 6 November 2012 1. Competition - Concentrations - Examination by the Commission - Merger carried out before notification - Effects - Whether open to the Commission to declare the merger compatible with the common market (Council Regulation No 4064/89, Arts 7(5), (14(1)(a) and 2) 2. Acts of the institutions - Statement of reasons - Obligation - Scope - Decision applying the rules relating to concentrations between undertakings - Decision permitting a concentration (Council Regulation No 4064/89, Art. 8(2)) 3. Competition - Concentrations - Examination by the Commission - Commitments by the undertakings concerned to render the notified transaction compatible with the common market - Commitment to sell assets - Criteria for selection of the purchaser - Whether open to the Commission to select the purchaser most likely to ensure perfect competition on the market - Not open - Sale of assets to a financial buyer- Lawfulness - Conditions (Council Regulation No 4064/89, Arts 2(1)(a), 2 and 3; Commission Notice 2001/C 68/03, para. 49) 4. Appeal - Grounds - Mistaken assessment of the facts - Inadmissibility - Review by the Court of the assessment of the facts and evidence - Possible only where the clear sense of the evidence has been distorted (Art. 256 TFEL; Statute of the Court of Justice, Art. 58) 1. In proceedings brought against a Commission decision declaring a concentration compatible with the common market, the fact that the concentration was carried out before its notification to the Commission has no effect on the legality of that decision. Although that fact may entail the penalties prescribed by Regulation No 4064/89 on the control of concentrations between undertakings, in accordance with Article 14(1)(a) or (2) thereof, it cannot lead to the annulment of the Commission decision, since it has no relevance to the compatibility of the concentration with the common market. Article 7(5) of Regulation No 4064/89 provides that the validity of any transaction which is carried out before its notification and before it has been declared compatible with the common market is to be dependent on the decision taken by the Commission on conclusion of the examination of the notification or of the in-depth examination procedure. ECL:EU:C:2012:681

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