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The recent CK Telecoms saga has put issues of evidence and proof at the centre of litigation in EU merger control. The saga was closed by the judgment of the Court of Justice, but a few other recent judgments have also shed light on several aspects of the evidentiary assessment of mergers. In the following pages, I intend to recapitulate on this recent case-law, while also reflecting on some issues of principle about how evidence is (and should be) assessed.

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Predicting the Future: Evidential Basis for Prospective Assessments in EU Merger Control

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  • 发表日期：

    2026年

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  • Fernando Castillo de la Torre

摘要

The recent CK Telecoms saga has put issues of evidence and proof at the centre of litigation in EU merger control. The saga was closed by the judgment of the Court of Justice, but a few other recent judgments have also shed light on several aspects of the evidentiary assessment of mergers. In the following pages, I intend to recapitulate on this recent case-law, while also reflecting on some issues of principle about how evidence is (and should be) assessed.