Official Journal of the European Union

C 246/18

Judgment of the General Court of 23 May 2019 — KPN v Commission

(Case T-370/17) (1)

(Competition - Concentrations - Netherlands market for television services and telecommunications services - Full-function joint venture - Decision declaring the concentration compatible with the internal market and the EEA Agreement - Commitments - Relevant market - Vertical effects - Manifest error of assessment - Duty to state reasons)

(2019/C 246/18)

Language of the case: English


Applicant: KPN BV (The Hague, Netherlands) (represented by: P. van Ginneken and G. Béquet, lawyers)

Defendant: European Commission (represented by: H. van Vliet, G. Conte, J. Szczodrowski and F. van Schaik, acting as Agents)

Interveners in support of the defendant: VodafoneZiggo Group Holding BV (Amsterdam, Netherlands), Vodafone Group plc (Newbury, United Kingdom), Liberty Global Europe Holding BV (Amsterdam) (represented by: W. Knibbeler, E. Raedts and A. Pliego Selie, lawyers)


Application pursuant to Article 263 TFEU for the annulment of Commission Decision C(2016) 5165 final of 3 August 2016 declaring the concentration involving the acquisition by Vodafone Group and Liberty Global Europe Holding of joint control of a full-function joint venture to be compatible with the internal market and the EEA Agreement (Case COMP/M.7978 — Vodafone — Liberty Global — Dutch JV).

Operative part of the judgment

The Court:


Dismisses the action;


Orders KPN BV to bear its own costs and to pay those incurred by the European Commission, VodafoneZiggo Group Holding BV, Vodafone Group plc and Liberty Global Europe Holding BV.

(1)  OJ C 249, 31.7.2017.