On 20 October 2022, Advocate General Kokott issued an opinion that the General Court (“GC”) had erred in its ruling in the C.K. Telecoms case by misstating the correct legal test to prohibit an oligopolistic merger and for engaging in an overly broad legal review of the Commission’s decision. AG Kokott’s opinion will inform the ECJ’s judgment, which will be the first time the highest Court has considered the applicable legal standard in the context of a merger in an oligopolistic market. In 2020, the General
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