In this issue:
The Insurance BER Consultation
As the Consultation points out, only a few sectors currently benefit from a sector specific block exemption regulation and in other sectors block exemptions have expired and not been renewed. The Commission now needs to consider whether there are sufficient grounds to continue to declare by regulation, Article 81(3) applicable to certain categories of agreements in the insurance sector.
EC Merger Review after SonyBMG
On July 10, 2008, the European Court of Justice overturned the European Court of First Instanceâ€™s Impala judgment, which had previously quashed the European Commission’s clearance decision of the Sony/BMG merger. This article briefly examines the findings of the ECJ in its Bertelsmann and Sony judgment.
The European Commission’s Reexamination of the SonyBMG Merger: A Precedent-Setting Attempt to Jump the Fence
This article analyzes the new clearance decision in light of the Impala judgment and, subsequently, assesses whether or not Impala is imposing too high of a standard of proof on the Commission. It argues that the Commission has made a successful attempt to meet the Community Court’s standard, but that it is questionable th