Article 21(1) of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings must be interpreted as not precluding the competition authority of a Member State from regarding a concentration of undertakings which has no Community dimension within the meaning of Article 1 thereof, is below the thresholds for mandatory ex ante control laid down in national law, and has not been referred to the European Commission under Article 22 of that regulation, as constituting an abuse of a dominant position prohibited under Article 102 TFEU, in the light of the structure of competition on a market which is national in scope.
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Towercast SASU v. Autorité de la concurrence and Ministre chargé de l’économie; other parties: Tivana Topco SA, Tivana Midco SARL, TDF Infrastructure Holding SAS, TDF Infrastructure SAS, Tivana France Holdings SAS Treaty on the Functioning of the European Union, Art. 102; Regulation (EC) No. 139/2004, Art. 21(1). “Towercast”. IIC 54, 1157 (2023). https://doi.org/10.1007/s40319-023-01340-9
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DOI: https://doi.org/10.1007/s40319-023-01340-9