Order of the Court of First Instance of 30 September 2009 — Impala v Commission

(Case T-229/08) (1)

(Competition - Concentration - Sony BMG joint venture - Original decision annulled by the Court of First Instance - New decision declaring the concentration compatible with the common market - Action deprived of purpose - No need to adjudicate)

2009/C 282/93

Language of the case: English

Parties

Applicant: Independent Music Publishers and Labels Association (Impala, association internationale (Brussels, Belgium) (represented by: S. Crosby, J. Golding, Solicitors and I. Wekstein, lawyer)

Defendant: Commission of the European Communities (represented by: X. Lewis, F. Arbault and K. Mojzesowicz, Agents)

Interveners in support of the defendant: Sony Corporation of America, (New York, New York, United States), (represented by N. Levy, Barrister, R. Snelders and T. Graf, lawyers); and Bertelsmann AG (Gütersloh, Germany) (represented by P. Chappatte, J. Boyce and A. Lyle-Smythe, Solicitors)

Re:

Application for annulment of Commission Decision C (2007) 4507 of 3 October 2007 declaring compatible with the common market and the functioning of the EEA Agreement a concentration whereby the activities of Sony Corporation of America and Bertelsmann AG in the recorded music sector were combined into a joint venture (Case COMP/M.3333 — Sony/BMG), adopted following the annulment by the judgment delivered in Case T-464/04 Impala v Commission [2006] ECR II-2289 of Commission Decision 2005/188/EC of 19 July 2004 declaring a concentration compatible with the common market and the functioning of the EEA Agreement (Case COMP/M.3333 — Sony/BMG) (OJ 2005 L 62, p. 30).

Operative part of the order

(1)  OJ C 197, 2.8.2008.