Op-Ed: “Case T-399/16 CK Telecoms UK Investments v Commission: Why there is no shame for the Commission to be defeated in the EU courts” by Damien Geradin
On 28 May 2020, the General Court of the EU annulled the Commission’s decision to block the proposed acquisition of Telefonica UK by Hutchison 3G UK in the sector of the mobile telephony market (T-399/16). This is an important judgment that will likely have repercussions on the way the Commission analyses mergers in concentrated markets, particularly in the mobile communications sector.
Although I am a competition lawyer, the purpose of this note is not to provide a critical analysis of the General Court’s judgment and its implications for merger control as it is too early to do so. Instead, I would like to reflect on the way this judgment has been characterised in the press, as well as in specialised competition newsletters. Many