The Higher Regional Court Düsseldorf overrules decision of the German Competition Authority to free merger under remedies between two cable operators (Liberty Global / KabelBW)

Recently, the Higher Regional Court Düsseldorf ("Court") overruled the decision of the Bundeskartellamt, the German competition authority, to free the merger between two cable operators, Liberty Global and KabelBW. The court decision is the outcome of an appeal procedure initiated by two competitors of the merging parties, Deutsche Telekom AG and Netcologne AG, against the allowance of the merger. In that decision taken in the end of 2011, the Bundeskartellamt allows the merger under remedies...