The EU General Court annuls the Commission's prohibition of the merger between two telecommunications companies and clarifies the application of the SIEC test to non-coordinated effects in oligopolistic markets (Hutchison 3G / Telefonica)

Drakakakis, Stamatis; Papaefthymiou, Argyris; Gavriilidou, Ellie

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28 May 2020

The EU General Court annuls the Commission’s prohibition of the merger between two telecommunications companies and clarifies the application of the SIEC test to non-coordinated effects in oligopolistic markets (Hutchison 3G / Telefonica)

KEYWORDS

References

EU General Court, Hutchison 3G / Telefonica, Press release, 28 May 2020

EU General Court, Telefónica UK / Hutchison 3G UK, Case T-399/16, Judgment, 28 May 2020

On 28 May 2020, the EU General Court issued a ruling annulling the European Commission’s decision prohibiting the proposed acquisition of Telefónica UK by Hutchison 3G UK. The Commission had examined this transaction as a “four-to-three” merger and had blocked it in 2016, in line with its generally hard stance towards “four-to-three” mergers in the telecommunications sector (another such case

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Authors

Stamatis Drakakakis
Zepos & Yannopoulos (Athens)

Greece 34 contributions 3256 visits
Argyris Papaefthymiou
Linklaters (London)

United Kingdom 34 contributions 2833 visits
Ellie Gavriilidou
Zepos & Yannopoulos (Athens)

Greece 29 contributions 2210 visits

Quotation

Stamatis Drakakakis, Argyris Papaefthymiou, Ellie Gavriilidou, The EU General Court annuls the Commission’s prohibition of the merger between two telecommunications companies and clarifies the application of the SIEC test to non-coordinated effects in oligopolistic markets (Hutchison 3G / Telefonica), 28 May 2020, e-Competitions Burden of proof, Art. N° 100047

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