Dansk Forening for Konkurrenceret
Amerika Plads 37
2100 København Ø
Tlf. 33 12 11 33
ckl@plesner.com
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Møde om EU Kommissionens forbud mod fusion mellem UK operatører Three og O2

Dansk Forening for Konkurrenceret indbyder til online medlemsmøde den 29. april 2021 kl. 17.00 - 19.00.

In a rare judgment, the General Court in May 2020 annulled the European Commission's prohibition of the merger between UK mobile operators Three and O2, finding amongst others that the assessment of the unilateral effects of the merger was vitiated by errors in law of assessment and a lack of demonstrating to the requisite standard of proof a significant impediment of competition, including clarifying that according to the Court, the mere effect of reducing competitive pressure on the remaining competitors is not, in principle, sufficient in itself to demonstrate a significant impediment of competition. The judgment, now under appeal, has important messages for both practitioners and enforcers.

The Danish Competition Law Society is therefore particularly glad to be able to invite you to a webinar Thursday 29 April 2021 at 5 pm CET, where the judgment will be presented from the perspective of the practitioner and the enforcer by two excellent capacities that know the case at furst hand.

First solicitor Michele Davis from Freshfields Bruckhaus Deringer's Competition Group (London office), which is representing Three (CK Telecoms UK Investment Ltd) will provide her view and the case and its most significant points. Subsequently, we are very pleased to welcome Head of Unit Claes Bengtsson from the European Commission's Chief Economist Team, who will provide a view of the judgment from the enforcer's perspective, and comment amongst others on arguments and facts around the Commission's use of econometrics and price simulations and the burden of proof suggested by the Court. After that, the virtual floor is open for questions, points of view and hopefully interesting discussions. The webinar is subject to "Chatham Rules" so that we can get an open and free debate. The programme is as follows:

5 pm           Welcome by Jens Munk Plum, chairman of the Competition Law 
                  Society
5.05 - 5.40  Solicitor Michele Davis - the company perspective - what to make 
                  of the judgment in preparation for the next case
5.45 - 6.20  Head of Unit Claes Bengtsson - the enforcer's prespective - 
                  effects of the case and effects on future merger cases
6.20 - 7.00  Questions, discussion and debate

In order to participate, you should register no later than 27 April 2021 by sending a mail to MHB@kromannreumert.com, who will provide you with links to the meeting.

We are eager to get an open and fruitful debate. This can be difficult given the virtual format, but in order to facilitate this, we urge you to send any questions you might have in advance, so that we can ensure they are being commented. Please direct any questions directly to JMP@kromannreumert.com

På foreningens vegne
Jens Munk Plum
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