Case T-425/18 Altice Europe NV v European Commission, Judgment of the General Court (Sixth Chamber) of 22 September 2021
The European Union Merger Regulation (EUMR) states that the acquirer must notify the acquisition to the European Commission (EC) and must not implement the concentration prior to its clearing. Altice was found to have infringed both Article 4(1) EUMR, an infringement often referred to as Gun Jumping, and Article 7(1) EUMR, known as standstill obligation. Based on the findings, the EC fined Altice an unprecedented fine of €124.5 million for both infringements, each €62.25 million. This is the highest fine imposed for such infringements ever. Altice appealed to the General Court (GC). The appeal focused on the finding and the legality of the EC’s decision to issue fines for violations of EUMR. The GC largely dismissed the applicant's annulment action except in relation to the amount of the monetary fines. Based on its unlimited powers related to fines, the GC reduced the fine by 10%.