In her Opinion dated 13 December 2007, Advocate-General Kokott recommended that the European Court of Justice should dismiss an appeal by Sony Corporation and Bertelsmann AG against the Court of First Instance's 2006 decision annulling the Commission's approval of the Sony/BMG joint venture. While the Advocate-General is critical of some aspects of the lower court's assessment, she considered that it had not laid down an erroneous or excessively high standard of proof for clearance of a merger. Nor did she consider the appeal unfounded in view of the fact that the Commission has subsequently taken a second decision clearing the joint venture. Interestingly, she makes the point that the Merger Regulation lays down the same standard of proof for clearance of concentration as it does for prohibition and dismisses the notion that there is any presumption that mergers are compatible with the common market.