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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 …

… Friday Fortnightly: The IP & Competition Newsletter (Ed. 2021 week 16 no. 10) The merger promised to offer the merged entity a position of dominance in the market for LWP sorting in Netherlands, and thereby make it a ‘must-have’ trading partner. Following a phase I investigation and extension of deadline to 35 working days, the Commission conditionally cleared the merger. The commitments include divestiture of Suez’s LWP sorting business in the Netherlands along with all other …

… can be divided in four phases, 7 which will be discussed subsequently. The first generation of public procurement in the Union commenced in 1962 with two General Programmes which aimed to abolish practices of Member States that discriminated against foreign undertakings in the award of public contracts, favouring national undertakings. Coordination of national procedures and the removal of quotas were seen as a first step towards improvement. The 1966 4 Consolidated Version of the Treaty on … to the before adopted EU directives on public procurement, ‘particularly in relation to transparency of laws and procedure on government procurement and the elimination of protection for domestic suppliers and of discrimination between domestic and foreigner suppliers’. 13 This agreement was codified in Directive 80/767. 14 The second generation of public procurement law was marked by a Commission action programme 15 aiming to amend the supplies directives, for more open and coordinated …