Judgments (Information) nº T-405/08 of The General Court, June 07, 2013

• Resolution Date: June 07, 2013
• Issuing Organization: The General Court
• Decision Number: T-405/08

Judgment of the General Court (Eighth Chamber) of 7 June 2013 — Spar Österreichische Warenhandels v Commission

(Case T‑405/08)

Competition — Concentrations — Markets for everyday consumer goods — Decision declaring the concentration compatible with the internal market — Commitments — Manifest error of assessment — Right to be heard — Duty to state reasons

1. Concentrations between undertakings — Examination by the Commission — Adoption of a decision finding a concentration operation compatible with the common market without opening Phase II — Condition — No serious doubts — Commitments by the undertakings concerned to render the notified transaction compatible with the common market — Economic assessments — Margin of discretion — Judicial review — Subject-matter — No manifest error of assessment (Council Regulation No 139/2004, Art. 6(2); Commission Notice 2001/C 68/03) (see paras 46, 47, 179, 180, 186-188)

2. Concentrations between undertakings — Assessment of compatibility with the common market — Criteria — Creation or strengthening of a dominant position significantly impeding effective competition in the common market — Dominant position — Concept (Council Regulation No 139/2004, Arts 2(3), and 6(1) and (2)) (see paras 49, 50)

3. Concentrations between undertakings — Examination by the Commission — Economic assessments — Discretionary power of assessment — Judicial review — Scope — Limits (Council Regulation No 139/2004, Art. 2) (see paras 50-52, 143, 187)

4. Concentrations between undertakings — Examination by the Commission — Assessment of compatibility with the common market — Compliance with the Guidelines adopted by the Commission — Commission’s discretion as to the account to be taken of the factors referred to in the Guidelines — Examination of the degree of market concentration (Council Regulation No 139/2004, Art. 2; Commission Notice 2004/C 31/03, paras 14, 16 and 19 to 21) (see paras 58, 64-69, 274)

5. Concentrations between undertakings — Assessment of compatibility with the common market — Existence of a dominant position impeding effective competition — Burden of proof — High market share (Council Regulation No 139/2004, Art. 2; Commission Notice 2004/C 31/03, para. 17) (see paras 59, 100, 107)

6. Concentrations between undertakings — Assessment of compatibility with the common market — No creation or strengthening of a dominant position impeding competition — Criteria for assessment — Presence of competitors —...