The EU lower court has overturned a 2014 merger clearance by the European Commission (EC) following an appeal by a third party. Overturning the clearance does not mean that the deal is now prohibited. Instead, the case goes back to the EC, and the parties have to re-notify. At best this is time-consuming for them; at worst the EC review could lead to adverse findings. Hypothetically, at least, the EC could prohibit the deal, or impose further conditions on it. The EU General Court annulled  the approval of the Liberty Global/Ziggotransaction for the EC’s failure to explain adequately the view taken by it that premium pay-TV sports channels should be excluded from its analysis. KPN, a third party, had raised concerns which the EC failed to address. The annulment is one of only four
The EU General Court orders fresh review of a merger (Liberty Global / Ziggo)
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