Case C-376/20 P: Judgment of the Court (Grand Chamber) of 13 July 2023 — European Commission v CK Telecoms UK Investments Ltd, United Kingdom of Great Britain and Northern Ireland, EE Ltd (Appeal — Competition — Regulation (EC) No 139/2004 — Control of concentrations of undertakings — Mobile telecommunications services — Decision declaring a concentration incompatible with the internal market — Oligopolistic market — Significant impediment to effective competition — Non-coordinated effects — Standard of proof — European Commission’s margin of discretion with regard to economic matters — Limits of judicial review — Guidelines on horizontal mergers — Factors relevant to demonstrating a significant impediment to effective competition — Concepts of ‘important competitive force’ and ‘close competitors’ — Closeness of competition between the parties to the concentration — Quantitative analysis of the effects of the proposed concentration on prices — Efficiencies — Distortion — Complaint raised by the General Court of the European Union of its own motion — Annulment)
Date: 2023-07-13
Institutions: Court of Justice
Subjects: EU competition policy, discretionary power, economic concentration, judicial review, merger control, oligopoly, provision of services, telecommunications








C_2023321EN.01000201.xml










11.9.2023   


EN


Official Journal of the European Union


C 321/2






Judgment of the Court (Grand Chamber) of 13 July 2023 — European Commission v CK Telecoms UK Investments Ltd, United Kingdom of Great Britain and Northern Ireland, EE Ltd
(Case C-376/20 P) (1)

(Appeal - Competition - Regulation (EC) No 139/2004 - Control of concentrations of undertakings - Mobile telecommunications services - Decision declaring a concentration incompatible with the internal market - Oligopolistic market - Significant impediment to effective competition - Non-coordinated effects - Standard of proof - European Commission’s margin of discretion with regard to economic matters - Limits of judicial review - Guidelines on horizontal mergers - Factors relevant to demonstrating a significant impediment to effective competition - Concepts of ‘important competitive force’ and ‘close competitors’ - Closeness of competition between the parties to the concentration - Quantitative analysis of the effects of the proposed concentration on prices - Efficiencies - Distortion - Complaint raised by the General Court of the European Union of its own motion - Annulment)
(2023/C 321/02)
Language of the case: English

Parties


Appellant: European Commission, (represented initially by: G. Conte, M. Farley, J. Szczodrowski and C. Urraca Caviedes, and subsequently by F. Castillo de la Torre, G. Conte, M. Farley, J. Szczodrowski and C. Urraca Caviedes, acting as Agents)

Other parties to the proceedings: CK Telecoms UK Investments Ltd (represented initially by J. Aitken, K. Asakura, A. Coe, M. Davis, S. Prichard, Solicitors, O.W. Brouwer, advocaat, B. Kennelly, Senior Counsel, A. Müller, advocate, and T. Wessely, Rechtsanwalt and subsequently by J. Aitken, K. Asakura, A. Coe, M. Davis, Solicitors, O.W. Brouwer, advocaat, B. Kennelly, Senior Counsel, A. Müller, advocate, and T. Wessely Rechtsanwalt), United Kingdom of Great Britain and Northern Ireland (represented initially by S. Brandon, and subsequently by F. Shibli, acting as Agents), EE Ltd

Intervener in support of the applicant: EFTA Surveillance Authority (represented initially by C. Simpson, M. Sánchez Rydelski and C. Zatschler, and subsequently by C. Simpson and M. Sánchez Rydelski, acting as Agents)

Operative part of the judgment







1.


Sets aside the judgment of 28 May 2020, CK Telecoms UK Investments v Commission (T 399/16, EU:T:2020:217);










2.


Refers the case back to the General Court of the European Union;










3.


Orders that the costs be reserved.






(1)  
            OJ C 390, 16.11.20