The
CMA has provisionally cleared the proposed joint venture between Liberty Global
plc and Telefónica SA to merge their UK operating businesses Virgin
Media/Virgin Mobile and O2.
The
CMA has concluded that the JV will not give rise to a substantial lessening of
competition, including in relation to possible vertical effects. It found in relation to wholesale mobile
services to mobile virtual network operators (MVNOs) in the UK that there are a
number of other companies that provide such services.
The
CMA has found that the merged business would have neither the ability nor the
incentive to engage in total or partial foreclosure. Given Virgin Mobile’s modest
market share, the CMA ruled out concerns in retail markets.
Reportedly,
there was a high level of cooperation between the CMA and the European
Commission in this case notwithstanding Brexit.
The
CMA invites comments on its provisional findings by 5 May 2021. The CMA must conclude
its Phase 2 investigation by 27 May 2021
https://www.gov.uk/government/news/cma-provisionally-clears-merger-of-virgin-and-o2
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