Jurisdiction(s):
United Kingdom

Key definition

EU Merger definition

What does EU Merger mean? EU merger, in practice, refers to a transaction subject to EU merger control — i.e., a concentration between undertakings (merger, acquisition of control or creation of a full‑function joint venture) reviewed by the European Commission under Council Regulation (EC) No 139/2004 (the EU Merger Regulation, EUMR). While “EU merger” is descriptive, the defined term in legislation is “concentration”. Such deals trigger mandatory, suspensory notification when the EUMR turnover thresholds for an EU dimension are met, engaging the one‑stop shop and the Commission’s exclusive jurisdiction, subject to referral mechanisms (Articles 4(4), 4(5) and 22). Key features include the standstill obligation (no...

Altice/PT Portugal gun-jumping (Case T-425/18): General Court upholds EU notification and standstill fines; 10% reduction for Article 4(1) breach

Published by a LexisNexis Competition expert

Practice notes

ARCHIVED

This case hub is archived and records the position as at the judgment dated 22 September 2021; it is no longer maintained. Note-an appeal was lodged before the Court of Justice in Case C‑746/21 P. See the timeline, commentary, and related/relevant cases.

Case facts

Outline

Appeal to the General Court against the European Commission’s decision fining Altice Europe for putting into effect its purchase of PT Portugal before notifying the deal and obtaining clearance under the EU Merger Regulation.

Latest development

On 22 September 2021, the General Court delivered its judgment, dismissing the action in part. It held, amongst other things, that the Commission had not erred in finding breaches of both the notification and standstill obligations in the EU Merger Regulation. However, it reduced by 10% the fine for implementation prior to notification.

Parties

Applicant:

Altice Europe (Altice)

Defendant:

European Commission (the Commission)

Altice is a Dutch‑based multi‑national telecommunications.

Background

Before acquiring PT Portugal, Altice operated in Portugal via two subsidiaries, Cabovisão and ONI. Cabovisão offered pay TV and fixed internet access...

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Web page updated on 27/05/2026

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