KPN v Commission (Competition - Concentrations between undertakings : Judgment) [2017] EUECJ T-394/15 (26 October 2017)

The Commission failed to provide sufficient reasoning in its merger decision regarding the possible vertical anti-competitive effects on the market for premium pay TV sports channels, despite leaving open the market definition and the applicant's submissions. This omission constitutes a breach of the duty to state...

Source-derived case information.

Citation: [2017] EUECJ T-394/15
Parties: Applicant: KPN BV; Respondent: European Commission
Jurisdiction: European Union
Judgment Date: 26 October 2017
Procedural Posture: Annulment Action (eu Merger Control) / Judgment of the General Court (eighth Chamber), Post Hearing
Outcome: Application granted; Commission decision annulled.
Legal Topics: Merger Control, Statement of Reasons, Vertical Effects, Market Definition, Judicial Review

Competition Law EU Law Administrative Law Merger Control Statement of Reasons Vertical Effects Market Definition Judicial Review

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Parties

KPN BV

Applicant

European Commission

Respondent

Procedural Posture

Annulment Action (eu Merger Control) / Judgment of the General Court (eighth Chamber), Post Hearing

Legal Issues

1 Whether the European Commission breached its duty to state reasons under Article 296 TFEU by failing to analyse the possible vertical anti-competitive effects on the market for premium pay TV sports channels in its merger decision.

Ratio Decidendi

Court Disposition

Application granted; Commission decision annulled.

Orders

Annuls Commission Decision C(2014) 7241 final declaring the concentration involving the acquisition by Liberty Global plc of sole control over Ziggo NV to be compatible with the internal market and the EEA Agreement (Case COMP/M.7000 - Liberty Global/Ziggo)
Orders the European Commission to pay the costs.

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