Can mergers, acquisitions and joint ventures (concentrations) that escape concentration supervision by falling under the applicable notification thresholds nevertheless be subsequently reviewed – and even disallowed – under the prohibition on abuse of a dominant position? In the Towercast judgment, the European Court of Justice affirmed that the EU prohibition on abuse of a dominant position (Article 102 of the Treaty on the Functioning of the European Union (TFEU)) can apply to concentrations that fall below the notification thresholds.
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Sep