The EU Court of Justice AG Kokott concludes that a merger may be assessed ex post under Article 102 TFEU provided the transaction was not assessed ex ante with traditional merger control tools (Towercast)

According to Advocate General Kokott, a concentration between undertakings that has not been the subject of any ex ante assessment under merger control law may be assessed ex post on the basis of the prohibition of abuse of a dominant position under primary law* However, if a concentration has been approved under merger control law, a further assessment against the standard of prohibition of abuse is in principle excluded The French company TDF Infrastructure Holding held, on the French market for terrestrial television broadcasting, a statutory monopoly, until that market was liberalised at the beginning of 2004. However, in recent years, a strong concentration has

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European Court of Justice, The EU Court of Justice AG Kokott concludes that a merger may be assessed ex post under Article 102 TFEU provided the transaction was not assessed ex ante with traditional merger control tools (Towercast), 13 October 2022, e-Competitions October 2022, Art. N° 109127

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