The EU General Court annuls the Commission’s prohibition of the merger between two telecommunications companies and clarifies the application of the SIEC test to non-coordinated effects in oligopolistic markets (Hutchison 3G / Telefonica)

On 28 May 2020, the EU General Court issued a ruling annulling the European Commission’s decision prohibiting the proposed acquisition of Telefónica UK by Hutchison 3G UK. The Commission had examined this transaction as a “four-to-three” merger and had blocked it in 2016, in line with its generally hard stance towards “four-to-three” mergers in the telecommunications sector (another such case

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Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou, The EU General Court annuls the Commission’s prohibition of the merger between two telecommunications companies and clarifies the application of the SIEC test to non-coordinated effects in oligopolistic markets (Hutchison 3G / Telefonica), 28 May 2020, e-Competitions May 2020, Art. N° 100047

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