The EU Court of First Instance states that an action for annulment can be brought by an operator present in neighbouring upstream or downstream markets in the Pay-TV sector (ARD)

Case T-158/00 Arbeitsgemeinschaft der öffentlich-rechtlichen Rundfunkanstalten der Bundesrepublik Deutschland (ARD) v Commission of the European Communities* 1. Persons other than those to whom a decision is addressed may claim to be individually concerned only if the decision affects them by reason of certain attributes peculiar to them or by reason of factual circumstances in which they are distinguished from all other persons, and by virtue of those factors distinguishes them individually in the same way as the person addressed. In the case of a decision declaring a notified concentration compatible with the common market, and in the case of a third-party undertaking, it is appropriate to examine to what extent its participation in the administrative procedure and the effect on

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