The lower court will now need to re-assess its previous judgement, although it remains free to conclude again that the Commission was wrong in allowing the merger to go through.

Indies association Impala says it is surprised by the decision, but welcomes the court's ruling that there is no presumption in favour of approving mergers, which is says is very important as regards future concentration in the music market.

Impala, Sony and BMG will now have to wait again for ...