Publication
CK Telecoms and ‘gap cases’: Advocate General recommends setting aside judgement of the General Court, endorses the Commission’s approach
On 20 October 2022, Advocate General Kokott delivered her opinion in Commission v CK Telecoms UK Investments (C-376/20 P). This is the first case in which the Court of Justice of the EU (the Court) has the opportunity to address the concept of a significant impediment to affect competition (SIEC) based on non-coordinated effects, including the standard of proof required by the European Commission (the Commission) to be met and the scope of review by the Court.
