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… Months, Three Repeals 3.1.1 Airtours The first of these cases was Airtours, where the Commission had prohibited a merger between two UK tour operators, reasoning that it would create a collective dominant position70 in the UK market for short-haul foreign package holidays, and would thus lead to a significant impediment of competition.71 Collective dominance falls under the coordinated effects of mergers (as opposed to non-coordinated or unilateral effects).72 The General Court clarified that … analysis and instead relied on generalised EU-wide considerations,87 or characteristics of other national markets.88 Beyond this, it found that the Commission failed to prove its contention that the merged entity would become an unavoidable trading partner for wholesalers without countervailing buyer power.89 It opined that the data contained in the decision was at odds with the Commission’s findings and criticised the Commission for attributing specific future market conduct on the part … is already a manifestation of the policy choices made by the Commission, such judicial review does not interfere with administrative discretion. Such discretion would only be unduly constrained if the policy choices promoted by the Court were entirely foreign to the legal framework 255 Colomo (n 23) 144. 256 Colomo (n 23) 148. 257 Colomo (n 23) 144. 258 Colomo gives the example that the application of Article 102 TFEU demands (inter alia) showing that the relevant undertaking enjoys a dominant …