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Case T-370/17: Judgment of the General Court of 23 May 2019 — KPN v Commission (Competition — Concentrations — Netherlands market for television services and telecommunications services — Full-function joint venture — Decision declaring the concentration compatible with the internal market and the EEA Agreement — Commitments — Relevant market — Vertical effects — Manifest error of assessment — Duty to state reasons)
ECLI:EU:UNKNOWN:62017TA0370
62017TA0370
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22.7.2019
Official Journal of the European Union
C 246/18
(Case T-370/17) (<span class="oj-super oj-note-tag">1</span>)
(Competition - Concentrations - Netherlands market for television services and telecommunications services - Full-function joint venture - Decision declaring the concentration compatible with the internal market and the EEA Agreement - Commitments - Relevant market - Vertical effects - Manifest error of assessment - Duty to state reasons)
(2019/C 246/18)
Language of the case: English
Parties
Applicant: KPN BV (The Hague, Netherlands) (represented by: P. van Ginneken and G. Béquet, lawyers)
Defendant: European Commission (represented by: H. van Vliet, G. Conte, J. Szczodrowski and F. van Schaik, acting as Agents)
Interveners in support of the defendant: VodafoneZiggo Group Holding BV (Amsterdam, Netherlands), Vodafone Group plc (Newbury, United Kingdom), Liberty Global Europe Holding BV (Amsterdam) (represented by: W. Knibbeler, E. Raedts and A. Pliego Selie, lawyers)
Re:
Application pursuant to Article 263 TFEU for the annulment of Commission Decision C(2016) 5165 final of 3 August 2016 declaring the concentration involving the acquisition by Vodafone Group and Liberty Global Europe Holding of joint control of a full-function joint venture to be compatible with the internal market and the EEA Agreement (Case COMP/M.7978 — Vodafone — Liberty Global — Dutch JV).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders KPN BV to bear its own costs and to pay those incurred by the European Commission, VodafoneZiggo Group Holding BV, Vodafone Group plc and Liberty Global Europe Holding BV.
(<span class="oj-super">1</span>) OJ C 249, 31.7.2017.