The Standard of Proof in EC Merger Control-Conclusions from the Sony BMG Saga. IES WORKING PAPER 4/2008

One of the most important developments in EC competition policy during 2006 was the Court of First Instance’s (CFI) Impala v. Commission judgment annulling the European Commission’s approval of the merger between the music units of Sony and Bertelsmann. It harshly criticized the Commission’s Decision because it found that the evidence relied on was not capable of substantiating the conclusion. This was the first time that a merger decision was annulled for not meeting the requisite legal standard for authorizing the merger. Consequently, the CFI raised fundamental questions about the standard of proof incumbent on the Commission in its merger review procedures. On July 10, 2008, the European Court of Justice overturned Impala, yet it did not resolve the fundamental question underlying the judicial review of the Sony BMG Decision; does the Commission have the necessary resources and expertise to meet the Community Court’s standard of proof? This paper addresses the wider implications of the Sony BMG saga for the Commission’s future handling of complex merger investigations. It argues that the Commission may have set itself an impossible precedent in the second approval of the merger. While the Commission has made a substantial attempt to meet the high standard of proof imposed by the Community Courts, it is doubtful that it will be able to jump the fence again in a similar fashion under normal procedural circumstances.

Low-cost batteries will not disrupt (all) energy utilities. CEPS Commentary, 5 October 2015

With the launch last April of an affordable lithium-ion home battery – the Powerwall – Tesla’s CEO Elon Musk is betting that batteries are going to become a mass market. This may very well become reality, but this commentary argues that one should not jump to the conclusion that this is the end of energy utilities. Similar to solar panels, batteries have high upfront costs. The massive deployment of solar was driven by dedicated policy support, in many cases without any kind of cost or volume control. There is no such thing for batteries. In the absence of financing programmes, the author finds that high upfront costs provide an unfavourable starting point for a disruptive development. But he notes that the fact that self-consumption of stored solar energy will soon pay for consumers represents a paradigm shift in the power industry, which should be seen as an opportunity, at least for first-movers.

Glen Rice, UM Men's Basketball, 1986

[shooting jump shot vs Ball State]

Glen Rice, UM Men's Basketball, 1987

[jump shot vs Syracuse]

Glen Rice, UM Men's Basketball, 1987

[fall-away jump shot vs Minnesota]

Glen Rice, UM Men's Basketball, 1987

[jump shot vs Iowa]

Glen Rice, UM Men's Basketball, 1988

[jump shot in the lane vs IIinois]

Glen Rice, UM Men's Basketball, 1989

[jump shot vs Northwestern]

Glen Rice, UM Men's Basketball, 1989

[jump shot vs Michigan State ]

Glen Rice, UM Men's Basketball, 1989 vs. Wisconsin

[jump shot vs Wisconsin]

A finite element scheme for shock capturing /

At head of title: "In-house Laboratory Independent Research Program."

HIVEL2D : a two-dimensional flow model for high-velocity channels /

At head of title: "Repair, Evaluation, Maintenance, and Rehabilitation Research Program."

Cellular-block-lined grade control structure : hydraulic model investigation /

"August 1973."

Stories for boys,

The reporter who made himself king.--Midsummer pirates.--Richard Carr's baby.--The great Tri-club tennis tournament.--The jump at Corey's slip.--The Van Bibber baseball club.--The story of a jockey.