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Case C-581/22 P: Judgment of the Court (First Chamber) of 4 October 2024 – thyssenkrupp AG v European Commission (Appeal – Competition – Regulation (EC) No 139/2004 – Concentration between undertakings – Decision declaring the concentration incompatible with the internal market and the functioning of the EEA Agreement – Determination of the relevant markets – Significant impediment to effective competition – Creation or strengthening of a dominant position – Non-coordinated effects – Standard of proof – Concepts of important competitive force and close competitors – Closeness of competition between the merging parties – Herfindahl-Hirschmann Index – Requests for information – Distortion)
ECLI:EU:UNKNOWN:62022CA0581
62022CA0581
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Official Journal of the European Union
C series
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C/2025/1200
(Case C-581/22 P)
(Appeal - Competition - Regulation (EC) No 139/2004 - Concentration between undertakings - Decision declaring the concentration incompatible with the internal market and the functioning of the EEA Agreement - Determination of the relevant markets - Significant impediment to effective competition - Creation or strengthening of a dominant position - Non-coordinated effects - Standard of proof - Concepts of ‘important competitive force’ and ‘close competitors’ - Closeness of competition between the merging parties - Herfindahl-Hirschmann Index - Requests for information - Distortion)
(C/2025/1200)
Language of the case: English
Appellant: thyssenkrupp AG (represented by: M. Klusmann, O. Schley and J. Ziebarth, Rechtsanwälte)
Other party to the proceedings: European Commission (represented initially by G. Conte, T. Franchoo, C. Sjödin and I. Zaloguin, and subsequently by G. Conte, T. Franchoo and I. Zaloguin, acting as Agents)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders thyssenkrupp AG to pay the costs.
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Language of the case: English.
ECLI: http://data.europa.eu/eli/C/2025/1200/oj
ISSN 1977-091X (electronic edition)
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ELI: http://data.europa.eu/eli/C/2025/1200/oj
ISSN 1977-091X (electronic edition)
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