Voorbeelden van het gebruik van Collective dominant position in het Engels en hun vertalingen in het Nederlands
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The negative finding that a market is not so transparent as to allow a collective dominant position leads to the same result and accordingly requires the same degree of evidence as the positive finding that the market in question is so opaque as to preclude a finding of a collective dominant position.
It is apparent from, among others, paragraphs 289, 366 and 459 of the judgment under appeal that the Court of First Instance considered whether the considerations on which the contested decision was based were capable of justifying the Commission's finding in that decision that the markets in question were not sufficiently transparent to allow a collective dominant position.
the Commission concluded that the proposed operationwould lead to the creation of a collective dominant position between the merged company
No 4056/86- Article 86 of the EC Treaty(now Article 82 EC)- Collective dominant position- Exclusivity agreement between national authorities
Appeals- Competition- Control of concentrations between undertakings- Sony BMG joint venture- Appeal against the annulment of a Commission decision declaring a concentration compatible with the common market- Judicial review- Scope- Standard of proof- Role of the statement of objections- Strengthening or creation of a collective dominant position- Statement of reasons for a decision approving a concentration- Use of confidential information.
the risk of the creation or strengthening of a collective dominant position between five global recorded music publishers,
In essence it raises the question whether the criteria developed by the Court of First Instance itself in Airtours 40for establishing the existence of a collective dominant position are to be applied with different degrees of strictness depending on whether what must be established is a collective dominant position which already exists or a prognosis for the future as to the risk that such a col-lective dominant position might arise in consequence of the concentration.
thus a finding of a collective dominant position, it is necessary to explain in all the more detail how this factor affects the market
in particular campaign discounts, was sufficient to exclude there being enough transparency in the market to allow a finding of a collective dominant position.
which also address the question of the creation of a collective dominant position.
market on the ground, in particular, that a collective dominant position existed before the proposed concentration and that the market for recorded music was transparent and particularly conducive to coordination.
cannot support to the requisite legal standard the finding that the market is not sufficiently transparent to allow a collective dominant position.
that the Commission's conclusion that the concentration does not represent a sufficiently significant change to entail the probable creation of a collective dominant position is expressly based on the conditions relating to the transparency of the market
the common market and the functioning of the EEA Agreement, since it would strengthen a collective dominant position in the recorded music market
since it would strengthen a collective dominant position in the recorded music market
together with other factors typical of a collective dominant position, might, in the absence of an alternative reasonable explanation, suffice to demonstrate the existence of a collective dom-inant position,
market on the ground, in particular, that a collective dominant position existed before the proposed concentration and that the market for recorded music was transparent
it committed an error of law in inferring the existence of a sufficient degree of transparency from a number of factors which were not, however, relevant to a finding of an existing collective dominant position.
Sony Corporation of America v Independent Music Publishers and Labels Association( Impala) Appeals- Competition- Control of concentrations between undertakings- Sony BMG joint venture- Appeal against the annulment of a Commission decision declaring a concentration compatible with the common market- Judicial review- Scope- Standard of proof- Role of the statement of objections- Strengthening or creation of a collective dominant position- Statement of reasons for a decision approving a concentration- Use of confidential information.
in the Gencor/Lonrho case, 102 but it also accepted the Commission's approach in dealing with cases involving collective dominant positions.