CASE COMMENTS: MERGERS – EUROPEAN UNION – NON-HORIZONTAL MERGER – MARKET DEFINITIONS – INPUT FORECLOSURE

Joint venture: The General Court of the European Union rejects an appeal brought against a decision authorizing the creation of a joint venture in the pay television sector, confirming the limited control exercised on the delimitation of markets and the analysis of the effects of a transaction (KPN)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. The present case takes place in the Netherlands. By a decision of 3 August 2016 (Case M. 7978), the Commission had authorised, subject to commitments at the end of a phase I, the proposed creation of a full-function joint venture in the Netherlands between the Vodafone group, active in the mobile telephony sector, and the cable operator Liberty Global. In the Netherlands, Vodafone provides mobile communications, retail fixed telephony, broadband internet and television services. The company has its own mobile network and relies for its other services on wholesale access to the copper and fibre infrastructure of the incumbent operator KPN. Liberty

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Nicolas Charbit, Fanny Méjane, Joint venture: The General Court of the European Union rejects an appeal brought against a decision authorizing the creation of a joint venture in the pay television sector, confirming the limited control exercised on the delimitation of markets and the analysis of the effects of a transaction (KPN), 23 May 2019, Concurrences N° 3-2019, Art. N° 91474, pp. 110-111

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