The EU Court of Justice AG Kokott supports setting aside the General Court's ruling and overturning the prohibition order of a merger between telecoms companies (Telefónica UK / Hutchison 3G UK)

Gordley, Catherine

Previous article 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) Next article The EU Court of Justice AG Kokott advises the Court to uphold the Commission’s appeal on the grounds that the General Court erroneously applied a stricter burden of proof for the SIEC test and erred in law by misinterpreting the concept of a SIEC (Telefónica UK / Hutchison 3G UK)

20 Oct 2022

The EU Court of Justice AG Kokott supports setting aside the General Court’s ruling and overturning the prohibition order of a merger between telecoms companies (Telefónica UK / Hutchison 3G UK)

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Reference

EU Court of Justice AG Kokott, Telefónica UK / Hutchison 3G UK, Case No. C‑376/20 P, AG Opinion, 20 October 2022

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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Author

Catherine Gordley
Van Bael & Bellis (Brussels)

Belgium 28 contributions 7334 visits

Quotation

Catherine Gordley, The EU Court of Justice AG Kokott supports setting aside the General Court’s ruling and overturning the prohibition order of a merger between telecoms companies (Telefónica UK / Hutchison 3G UK), 20 October 2022, e-Competitions Burden of proof, Art. N° 109410

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