Concentration below thresholds: The Advocate General Kokott is of the opinion that the Continental Can case law is applicable to a merger below the thresholds and therefore subject to ex post review on the basis of the prohibition of abuse of dominance (Towercast)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. It is with some surprise... and undisguised satisfaction that we discover the conclusions presented today, October 13, 2022, in case C-449/21 (Towercast vs. Competition Authority and Ministry of Economy) by Advocate General Juliane Kokott! According to her, Article 21(1) of the Merger Regulation No 139/2004 must be interpreted as not precluding a national competition authority from reviewing a concentration which does not have a Community dimension within the meaning of Article 1 of that regulation, which is below the thresholds provided for by national law for an ex ante control and which is not subject to a referral to the Commission under Article 22 of that