CK Telecoms - ECJ restores status quo for standard of proof in EU merger control cases

• 27/07/2023
• News

The EU Court of Justice handed down its CK Telecoms judgment earlier this month, reversing the stricter legal tests imposed by the General Court in so-called “gap” cases – that is, where a transaction does not result in a merged entity holding a dominant position, but where the Commission nevertheless concludes that the transaction will result in a significant impediment to effective competition.

Andreas Reindl, Catherine Gordley and Niharika Parshurampuria analyse the judgment and share their thoughts on its significance and the current status of EU merger control law.