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10 July 2020

The European General Court stresses the Need for a comprehensive Market Analysis prior to any Merger being prohibited

In May 2020, the General Court of the European Union (the “Court”) overturned the European Commission’s decision to prohibit the merger between CK Hutchison’s Three and Telefonica’s O2 UK in 2016. The decision itself as well as the Court’s argumentation are significant reminders to the European Commission (the “Commission”) to act very carefully in the area of merger control, and the consequences of the decision – particularly how the competition authorities will assess future mergers in oligopolistic markets – are yet to be seen.

Pernille Nørkær

Partner

+45 30 37 96 40

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Sarah Veje Rasmussen

Senior Associate

+45 30 37 96 62

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Flora Hua Ting Chieng/张华婷

Associate

+45 30 37 96 26

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