Competition - Control of concentrations between undertakings - Regulation (EEC) No 4064/89 - Decision to refer to national authorities - Concept of distinct market.

«(Competition – Control of concentrations between undertakings – Regulation (EEC) No 4064/89 – Decision to refer to national authorities – Concept of distinct market)» Summary of the Judgment 1.. Actions for annulment – Natural or legal persons – Measures directly concerning them – Decision to refer examination of a concentration operation to the competent authorities of a Member State – Third-party undertaking (Art. 230, fourth para., EC; Council Regulation No 4064/89, Art. 9(3)) 2.. Actions for annulment – Independent of recourse to the national courts (Arts 230 EC and 234 EC) 3.. Actions for annulment – Natural or legal persons – Measures concerning them individually – Decision to refer examination of a concentration operation to the competent authorities of a Member State – Third-party undertaking (Art. 230, fourth para., EC; Council Regulation No 4064/89, Arts 6(1)(b), 9(3) and 18(4)) 4.. Competition – Concentrations between undertakings – Investigation by the Commission – Referral of the examination of a concentration operation to the competent authorities of a Member State – Conditions – Judicial review – Scope (Council Regulation No 4064/89, Art. 9(2)(a)) 5.. Procedure – Introduction of new pleas in law in the course of the proceedings – Plea based on matters coming to light during the proceedings – Confirmation, by a judgment of the Court of Justice, of a legal situation known to the parties – Inadmissible (Rules of Procedure of the Court of First Instance, Arts 48(2) and 76a(3)) 6.. Competition – Concentrations between undertakings – Referral of the examination of a concentration operation to the competent authorities of a Member State – Relevant market – Determination of its distinctness – Geographical delimitation – Criteria for assessment (Council Regulation No 4064/89, Art. 9) 7.. Competition – Concentrations between undertakings – Investigation by the Commission – Definition of the relevant markets – Discretion – Judicial review – Limits (Council Regulation No 4064/89, Art. 9) 8.. Competition – Concentrations between undertakings – Investigation by the Commission – Decision to refer examination of a concentration operation to the competent authorities of a Member State – Discretion of the Commission – Judicial review – Limits (Council Regulation No 4064/89, Art. 9(3) and (8)) 9.. Competition – Concentrations between undertakings – Investigation by the Commission – Decision to refer examination of a concentration operation to the competent authorities of a Member State – Discretion of the Commission – Previous decision-making practice – Not relevant (Council Regulation No 4064/89, Art. 9(3)) 10.. Community law – Interpretation – Acts of the institutions – Statement of reasons  – Account to be taken 11.. Competition – Concentrations between undertakings – Referral of the examination of a concentration operation to the competent authorities of a Member State – Effects – Exclusive competence of the national authorities to rule on the operation – No possibility of the Commission binding the national authorities on the substance (Art. 10 EC; Council Regulation No 4064/89, Art. 9(2)(a), (3), first para., (6) and (8)) 12.. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision to refer examination of a concentration operation to the competent authorities of a Member State (Art. 253 EC; Council Regulation No 4064/89, Art. 9(3), first para.) JUDGMENT OF THE COURT OF FIRST INSTANCE (Third Chamber)30 September 2003 (1) ((Competition – Control of concentrations between undertakings – Regulation (EEC) No 4064/89 – Decision to refer to national authorities – Concept of distinct market)) applicants in Case T-347/02, v defendant, THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Third Chamber), having regard to the written procedure and further to the hearing on 11 June 2003, gives the following On those grounds, THE COURT OF FIRST INSTANCE (Third Chamber), Lenaerts Azizi Jaeger H. Jung K. Lenaerts Registrar President 1 – Language of the case: Spanish.