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Valentina R., lawyer
The Competition DG makes the information provided by the notifying parties in section 1.2 of Form CO available to the public in order to increase transparency. This information has been prepared by the notifying parties under their sole responsibility, and its content in no way prejudges the view the Commission may take of the planned operation. Nor can the Commission be held responsible for any incorrect or misleading information contained therein.
The acquisition of Ziggo N.V. (Ziggo) by Liberty Global plc (Liberty Global) (the Concentration) was originally notified to the European Commission (Commission) on 14 March 2014 and was approved by the Commission on 10 October 2014 subject to certain conditions.
On 26 October 2017, in Case T-394/15, KPN v Commission, the General Court annulled this decision on the ground that the Commission failed to provide, at least briefly, its reasoning for excluding vertical competition issues on the potential market for Premium Pay TV sports channels.
1
On 31 December 2016, Ziggo was contributed to the joint venture VodafoneZiggo, as a result of which Ziggo is now indirectly jointly controlled by Liberty Global and Vodafone Group Plc through VodafoneZiggo. This supplement is therefore jointly submitted by Liberty Global and Vodafone.
Pursuant to Article 10(5) of the European Union Merger Regulation 139/2004, with this submission, the 2014 Notification is hereby supplemented to reflect changes in market conditions and information provided since the Initial Clearance Decision.
The current supplement to the 2014 Notification shows that the Commission's decision to approve the Concentration was correct since an assessment of the Concentration under then-existing and current market dynamics demonstrates that the Concentration has not led and does not lead to any significant impediment of effective competition or any type of foreclosure concerns.
2
1 Case T-394/15, KPN v European Commission, [2017] ECLI:EU:T:2017:756.
2 See VodafoneZiggo decision Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.