The EU Court of Justice AG Kokott clarifies the standards of proof for the existence of non-coordinated effects satisfying the concept of ‘significant impediment to effective competition’ on an oligopolistic market where the merged entity does not have a dominant position (Telefónica UK / Hutchison 3G UK)

Merger control: Advocate General Kokott clarifies the standards of proof of the existence of non-coordinated effects satisfying the concept of ‘significant impediment to effective competition’ on an oligopolistic market where the merged entity does not have a dominant position* The scope of the judicial review, as well as the requirements for taking evidence and the standard of proof, must be the same, irrespective of the type of concentration which may give rise to such an impediment On 11 May 2016, the European Commission adopted a decision [1] finding that the proposed acquisition of Telefónica UK (known as ‘O2’) by Hutchison 3G UK [2] (known as ‘Three’), two British mobile telephony operators, was incompatible with the merger regulation. The relevant market is oligopolistic and the