CASE COMMENTS: MERGERS – EUROPEAN UNION – ANNULMENT OF A PROHIBITION DECISION – SIGNIFICANT IMPEDIMENT TO EFFECTIVE COMPETITION

Annulment: The General Court of the European Union annuls a decision prohibiting a merger in an oligopolistic market, recalling the scope of the notion of significant impediment to effective competition as well as the standard of proof applicable for the European Commission to conclude that there is a risk of non-coordinated effects (CK Telecoms UK)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On 11 September 2015, the Hutchison Group, a shareholder in the UK mobile phone operator 'Three', notified the European Commission of its proposed acquisition of its competitor 'O2', a UK subsidiary of the Spanish operator Telefonica Europe plc. On 30 October 2015, the European Commission opened a phase of in-depth review (Phase II). At the end of this in-depth examination, the Commission considered that the operation would harm competition for the following three reasons (three "theories of harm" as used by the Court of First Instance). Firstly, the Commission identified the existence of non-coordinated effects in the market for retail mobile

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Olivier Billard, Guillaume Fabre, Solène Hamon, Annulment: The General Court of the European Union annuls a decision prohibiting a merger in an oligopolistic market, recalling the scope of the notion of significant impediment to effective competition as well as the standard of proof applicable for the European Commission to conclude that there is a risk of non-coordinated effects (CK Telecoms UK), 28 May 2020, Concurrences N° 4-2020, Art. N° 97596, pp. 159-165

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