The EU Court of Justice AG Kokott supports the use of Article 102 TFEU to assess a merger ex post provided that the transaction was not initially assessed using traditional tools (Towercast)

Gordley, Catherine

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13 Oct 2022

The EU Court of Justice AG Kokott supports the use of Article 102 TFEU to assess a merger ex post provided that the transaction was not initially assessed using traditional tools (Towercast)

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Reference

EU Court of Justice, Towercast, Case No. C‑449/21, AG Opinion, 13 October 2022

On 13 October 2022, Advocate General Kokott issued a non-binding opinion to the Court of Justice of the European Union (“ECJ”) in the Towercast preliminary ruling request, expressing the view that concentrations that are not notifiable ex-ante under the EU Merger Regulation (“EUMR”) or national merger control rules may still be the subject of an ex-post assessment under the abuse of dominance rules of Article 102 TFEU. The case originated from a complaint to the French Competition Authority lodged by the television transmission service provider Towercast in 2017. Towercast

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Author

Catherine Gordley
Van Bael & Bellis (Brussels)

Belgium 28 contributions 7337 visits

Quotation

Catherine Gordley, The EU Court of Justice AG Kokott supports the use of Article 102 TFEU to assess a merger ex post provided that the transaction was not initially assessed using traditional tools (Towercast), 13 October 2022, e-Competitions October 2022, Art. N° 109409

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