Blocking Mergers Unlawfully : Following The Schneider / Legrand Decision, The Commission Now Risks Liability In Tort.

Mondaq Business BriefingNbr. 2008, March 2008

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Court of First Instance

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Blocking Mergers Unlawfully : Following The Schneider / Legrand Decision, The Commission Now Risks Liability In Tort.

Originally published in Competition Law Insight, September 2007.

This article looks at how a merger launched in January 2001 and prohibited by the European Commission a year later has led to a landmark judgment in which the European Court of First Instance has confirmed for the first time that the Commission can be liable in tort for loss caused by an illegal merger prohibition decision.

The year 2002 was widely acknowledged as an annus horribilis for DG Comp at the Commission, then under the stewardship of Competition Commissioner Mario Monti. Having pushed the boat out with some bold pr...

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