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)

Advocate General Sides with Commission in its Appeal of General Court’s Overturning of Three/O2 Prohibition* Non-binding opinion finds that General Court erred in applying heightened standard of proof to cases involving unilateral effects in oligopolistic markets. The Case and the Opinion On October 20, Advocate General Kokott issued her opinion [1] on the European Commission’s appeal to the Court of Justice (“ECJ”) of the General Court’s landmark May 2020 judgment overturning the Commission’s prohibition of the Three/O2 UK mobile telecommunications merger. [2] The opinion advises the ECJ to uphold the Commission’s appeal on all main grounds and refer the case back to the General Court for reconsideration. The case represents the first opportunity for the ECJ to rule on the concept

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