Judgment of the General Court of 28 May 2020 — CK Telecoms UK Investments v Commission
(Case T-399/16) 1
(Competition — Concentrations — Wireless telecommunications — Retail market for mobile telecommunication services — Market for wholesale access and call origination on public mobile networks — Acquisition of Telefónica Europe by Hutchison — Decision declaring the concentration incompatible with the internal market — Oligopolistic market — Significant impediment to effective competition — Non-coordinated effects — Burden of proof — Standard of proof — Market shares — Effects of the merger on prices — Quantitative analysis of upward pricing pressure — Close competitors — Important competitive constraint — Important competitive force — Network-sharing agreements — Level of concentration — Herfindahl-Hirschmann Index — Error of law — Error of assessment)
Language of the case: English
Parties
Applicant: CK Telecoms UK Investments Ltd (London, United Kingdom) (represented by: T. Wessely, O. Brouwer, lawyers, A. Woods, M. Davis, I. Ditchfield, S. Prichard, J. Aitken, R. Romney, M. Dickson and K. Asakura, Solicitors, and B. Kennelly QC)
Defendant: European Commission (represented by: T. Christoforou, G. Conte, M. Farley, J. Szczodrowski and C. Urraca Caviedes, acting as Agents)
Interveners in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: S. Jones, S. Brandon, S. Huijts, C. Blairs, M. Rahman, J. McInnes, M. Brown, B. Potterill, S. Cardell, C. Brannigan, S. Munday, C. Short and A. Dadley, Agents, and R. Williams and J. Morrison, Barristers), EE Ltd (Hatfield, United Kingdom) (represented by: A. Lindsay, Barrister, C. Chapman and J. Hulsmann, Solicitors)
Re:
Application under Article 263 TFEU for the annulment of Commission Decision C(2016) 2796 final of 11 May 2016 declaring incompatible with the internal market the concentration resulting from the acquisition of Telefónica Europe Plc by Hutchison 3G UK Investments Ltd (Case COMP/M.7612 — Hutchison 3G UK/Telefónica UK).
Operative part of the judgment
The Court:
Annuls Commission Decision C(2016) 2796 final of 11 May 2016 declaring incompatible with the internal market the concentration resulting from the acquisition of Telefónica Europe Plc by Hutchison 3G UK Investments Ltd (Case COMP/M.7612 — Hutchison 3G UK/Telefónica UK);
Orders the European Commission to bear its own costs and to pay those incurred by CK Telecoms UK Investments Ltd;
Orders the United Kingdom of Great Britain and Northern Ireland and EE Ltd to each bear their own costs.
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1 OJ C 371, 10.10.2016.