But a ruling from the European Court of First Instance two weeks ago threw doubt over whether a merger between EMI and Warner would obtain regulatory clearance. The court said evidence couldn't rule out that a 2004 merger between the music units of Sony Corp (NYSE:SNE - news). and Bertelsmann AG violated antitrust rules.
That court cited a "manifest error of assessment" by EU antitrust authorities, who had earlier cleared the deal. EU officials at the time said Sony and BMG would have to resubmit their application for antitrust clearance.