CASE COMMENTS: MERGERS – EUROPEAN UNION – COMMITMENTS – IMPLEMENTATION – MEASURES AGAINST WHICH ACTIONS MAY BE BROUGHT

Commitments : The General Court of the European Union finds that a letter and e-mails from the European Commission interpreting commitments previously made binding do not constitute measures against which an action for annulment may be brought under Article 263 of the Treaty on the Functioning of the European Union (1&1 Telecom ; Multiconnect ; Mass Response Service)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On 9 October 2018, the Court of First Instance of the European Union (the "CFI") declared inadmissible the actions brought by three companies against four e-mails and one letter from the Commission concerning the commitments made binding in the context of the decision of 2 July 2014 authorising Telefónica Deutschland to acquire E-Plus. Although the Court of First Instance has not joined those actions, they raise similar issues, so that it is appropriate to examine together the three judgments delivered by the Court of First Instance. Background to the three cases: Telefónica Deutschland's 2014 commitments to obtain clearance to acquire E-Plus These three

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Jean-François Bellis, Valérie Lefever, Commitments : The General Court of the European Union finds that a letter and e-mails from the European Commission interpreting commitments previously made binding do not constitute measures against which an action for annulment may be brought under Article 263 of the Treaty on the Functioning of the European Union (1&1 Telecom ; Multiconnect ; Mass Response Service), 9 October 2018, Concurrences N° 1-2019, Art. N° 89008, pp. 116-118

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