ALERTS: MERGERS - EUROPEAN UNION - FRANCE - PRELIMINARY RULING - THRESHOLDS - ABUSE OF DOMINANT POSITION

Thresholds: The Paris Court of Appeal asks the Court of Justice of the European Union whether the Continental can case law is still applicable to a merger, lacking a Community dimension, located below the thresholds for compulsory ex ante control provided for by national law and not having given rise to a referral to the European Commission (Itas / TDF)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Finally a little subtlety! In a judgment - important and subtly argued - rendered on 1 July 2021the Chamber 5-7 of the Paris Court of Appeal, hearing an appeal by towerCast, a DTT broadcasting operator, the only survivor of the continuous takeover of its competitors since 2006 by the market leader, TDF, which also held a legal monopoly until 2004, decided to stay the proceedings in the case of the takeover of Itas by TDF and to refer to the Court of Justice of the European Union a request for a preliminary ruling which can be summarised as follows: Is the Continental can case law still applicable? At a time when killer acquisitions are multiplying in the

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Thresholds: The Paris Court of Appeal asks the Court of Justice of the European Union whether the Continental can case law is still applicable to a merger, lacking a Community dimension, located below the thresholds for compulsory ex ante control provided for by national law and not having given rise to a referral to the European Commission (Itas / TDF), 1 July 2021, Concurrences N° 4-2021, Art. N° 101479, www.concurrences.com

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