European Commission Decision Newscorp/Telepiù (Comp/M.2876). Flexibility of the dominance test in a situation of near-monopoly: final consumer interest and undertakings offered by the acquiring company

The article tackles the key-points of the European Commission decision clearing a complex merger in which a situation of ex-post near-monopoly was created. The article mainly deals with the counter-factual analysis where the merger would not have been cleared, in particular considering the financial situation of the acquired company (Telepiù). It also briefly mentions the 2002/2003 debate preceding the adoption of the new EC merger regulation 139/04: the scope of the EC dominance-oriented test, on one hand, and the UK Substantial Lessening of Competition test, on the other.monopoly; oligopoly; pay-tv; failing firm defence; European Commission; decision; merger