EU General Court Upholds Commission Gun-Jumping Decision: Altice Europe NV v Commission

Abstract

Judgement of 22 September 2021, Altice Europe NV v Commission, Case T-425/18, EU:T:2021:607. The General Court upheld the European Commission’s decision finding that Altice Europe infringed the European Union Merger Regulation’s prohibition against implementing a notifiable transaction before notification and approval. On 9 December 2014, Altice Europe (‘Altice’), a Dutch-based cable and telecommunications company, agreed to acquire sole control of PT Portugal, a Portuguese telecommunications and multimedia operator, subject to approval by the European Commission (the ‘Commission’) under Regulation 139/2004 (the ‘EUMR’). Altice notified the transaction to the Commission under the EUMR on 25 February 2015, and the Commission approved the transaction, subject to conditions, on 20 April 2015. On 24 April 2018, the Commission adopted Decision C(2018) 2418 (the ‘Decision’), fining Altice for putting the transaction into effect in breach of Article 4(1) and Article 7(1) EUMR; i.e. for gun-jumping. Article 4(1) EUMR requires parties to concentrations with a Union dimension to notify their transaction before implementation, whereas Article 7(1) EUMR prohibits the implementation of a concentration with a Union dimension before its notification or until it has been approved. The Commission imposed a fine of EUR 62,250,000 for each violation.