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Cristoforo Osti, Patrick Actis Perinetto, Giacomo Grechi

Sky/Mediaset, Re, Sky Italia Srl and ors, Final NCA decision, Case C12207, OCL 254 (IT 2019), 20th May 2019, Italy; Italian Competition Authority [AGCM]

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 08 August 2020

Whether, despite the lack of a standstill obligation in the context of domestic merger control, the harmful effects on competition of a concentration which had been already implemented when assessed by a national competition authority (‘NCA’) could be sufficiently remedied by clearing the transaction subject to the imposition of specific remedies on the parties.

Whether the implementation of a concentration without an NCA’s clearance and the subsequent withdrawal from the transaction at a later stage—and consequent withdrawal of the notification—still allowed the NCA to implement merger control rules, as opposed to Articles 101 or 102 of the Treaty on the Functioning of the European Union.

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