![]() On 20 December 2002, VUP took up Investima 10’s undertaking to purchase and on the same day Investima 10 concluded with VUP the contract to purchase the target assets. A draft notification of the purchase of the targeted assets was notified by Lagardère to the Commission on 10 December 2002. Lagardère undertook to indemnify Segex, Ecrinvest 4 and Investima 10 for any damage resulting from the operation of the sale contract. On 3 December 2002, in accordance with the sale contract, Lagardère paid Segex, inter alia, the price of the shares. The sale contract provided that the date of transfer to Lagardère of the shares in Ecrinvest 4 must be after Lagardère obtained authorisation from the relevant competition authorities to acquire Ecrinvest 4. On the same day, Segex and Ecrinvest 4 concluded a sale contract (‘the sale contract’) with Lagardère which would allow the latter through Ecrinvest 4 to acquire all the share capital in Investima 10. On 3 December 2002, Investima 10 SAS (‘Investima 10’), which is 100% held by Ecrinvest 4 SA (‘Ecrinvest 4’), which is in turn held 100% by Segex Sarl (‘Segex’) which is 100% controlled by NBP gave VUP a formal undertaking to purchase the target assets. Lagardère thus requested Natexis Banques Populaires SA (‘NBP’) to act in its place and, by means of a subsidiary set up for that purpose, to acquire the target assets from VUP, to hold them provisionally and to sell them to Lagardère once the latter had obtained authorisation for such an acquisition. However, as VU was seeking a quick sale and quick payment, it became clear that that wish could not be achieved given the need to obtain the prior authorisation of the sale by the competent competition authorities. Lagardère SCA (‘Lagardère’) declared its interest in acquiring the assets in question. On 25 September 2002, Vivendi Universal SA (‘VU’) decided to dispose of the publishing assets (‘target assets’) held in Europe by its subsidiary Vivendi Universal Publishing SA (‘VUP’). I shall thus merely refer to a number of pertinent facts in order to explain briefly the origins of this appeal. The factual background to the present appeal case has been laid out in great detail in paragraphs 1 to 59 of the judgment under appeal. ![]() ‛Appeal - Competition - Concentrations - French-language publishing - Council Regulation (EEC) No 4064/89 - Infringement of Article 3 - Misuse of power - Failure to state reasons - Principles of legal certainty, legitimate expectations and equality - Assessment of dominant position - Appropriateness of commitments’īy its appeal, Éditions Odile Jacob SAS (‘the appellant’) seeks to have set aside the judgment of the General Court of 13 September 2010 in Case T‑279/04 Éditions Odile Jacob v Commission ( 2) (‘the judgment under appeal’), by which that court dismissed its action for annulment of Commission Decision of 7 January 2004 declaring a concentration compatible with the common market and the functioning of the EEA Agreement (Case No COMP/M.2978 – Lagardère/Natexis/VUP) ( 3) (‘the contested decision’).
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