Commission v. Tetra Laval BV

2005 E.C.R. I-987 (2005)

From our private database of 46,100+ case briefs, written and edited by humans—never with AI.

Commission v. Tetra Laval BV

European Union Court of Justice
2005 E.C.R. I-987 (2005)

KL

Facts

Tetra Laval BV (Tetra) (defendant) owned Tetra Pak, a company that made carton packaging for liquid. Tetra Pak held the dominant position in the aseptic-carton-packaging market and a leading position in the nonaseptic-carton-packaging market. Tetra wanted to acquire Sidel, a worldwide leader in the production of equipment used to make plastic bottles to package liquid. The European Commission (commission) (plaintiff) found that the merger was illegal because it was likely that the merged conglomerate firm would engage in exclusionary conduct after the merger. Tetra appealed. On appeal, the general court held that the commission was required to apply the convincing-evidence standard of proof in conglomerate-merger cases and, in failing to do so, the commission had failed to meet its burden against Tetra. The commission appealed to the European Union Court of Justice, arguing that the lower court’s convincing-evidence standard did not account for the proper level of discretion courts should exercise in analyzing the commission’s decision to prohibit a merger.

Rule of Law

Issue

Holding and Reasoning ()

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 745,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 745,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,100 briefs, keyed to 987 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 745,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,100 briefs - keyed to 987 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership