Following a trend seen in recent decisions, the ECJ’s judgment in the case of
CK Telecoms
has continued to affect the telecoms market in Europe. Telecom to telecom mergers have commonly been blocked or met with divestment/behavioural remedies, largely due to the presence of oligopoly in the national market. This has been viewed as the status quo until the Commission’s decision in M.8792 (Tele2 NL/T-Mobile NL), which permitted the acquisition of Tele2 NL by T-Mobile NL absent remedies.
As indicated by the meta description, this has not been the normal course of action for cases involving pure telecom to telecom mergers within Europe. These decisions, both the M.8792 and the most recent CK Telecoms judgment, indicate a potential shifting landscape in the legal treatment of these mergers. Despite the oligopolistic nature of the national market, these decisions could potentially shape a new precedent for the telecom industry.
However, it would be premature to take these decisions as an indicator of a broader policy change. It remains to be seen whether the treatment aimed at pure telecom to telecom mergers within Europe will continue to deviate from the traditional path or if these cases are outliers. Legal professionals working within the telecoms market in Europe would do well to maintain a keen eye on any further developments in this area.