On July 13, 2006, the European Union's Court of First Instance made history in Impala v. Commission, a case which annulled the 2004 decision of the European Commission that cleared the merger between music industry majors Sony and Bertelsmann AG. This was the first time that the Court of First Instance reversed a Commission merger clearance decision. This comment examines the case's internal ramifications for the EU, as well as global ramifications for merger control law generally. This comment concludes that Impala marks a major structural change within the EU. By establishing itself as an authority in competition law, the Court of First Instance has checked the once seemingly boundless authority of the European Commission. Furthermore, Impala is important globally because it represents policy change in European competition law. Particularly, it raises the standard for merger clearance decisions within the EU and encourages third party participation in competition cases. In all, Impala represents a dynamic European competition law.
Impala v. Commission: Changing the Tune of European Competition Law,
Chi.-Kent L. Rev.
Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol83/iss3/14