Opinion of Advocate General Kokott in Case C-413/06 P. Bertelsmann AG and Sony Corporation of America

Advocate General Kokott proposes that the Court should uphold the judgment of the Court of First Instance which annulled the clearance of the Sony BMG joint venture. In its judgment the Court of First Instance rightly held that there had been a failure to state reasons and a manifest error of appraisal in the Commission’s decision.

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