Thursday, May 24, 2018

KPN BV v European Commission: EU Merger Clearance Annulled for Insufficient Reasoning

Jérémie Jourdan, and Martin Möllmann report on KPN BV v European Commission: EU Merger Clearance Annulled for Insufficient Reasoning.

ABSTRACT: On 26 October 2017, the General Court handed down a judgement annulling, for lack of reasoning, the Commission’s decision of 10 October 2014 clearing Liberty Global’s acquisition of Ziggo. This case follows a recent annulment by the General Court of the Commission decision prohibiting the UPS/TNT merger, but this time the Court annulled a clearance decision, following which the parties had consummated the transaction. It is rare that Commission decisions approving a merger are challenged successfully, and such outcomes raise significant practical challenges, for the Commission must re-examine the merger under current market conditions, which may have changed dramatically in fast-moving industries such as the telecom industry.

https://lawprofessors.typepad.com/antitrustprof_blog/2018/05/kpn-bv-v-european-commission-eu-merger-clearance-annulled-for-insufficient-reasoning-.html

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