78However, the fact that the applicant cannot be considered to be a competitor, or even a potential competitor of KirchPayTV on the pay-TV market, does not necessarily mean that it is not individually concerned by the decision. Although KirchPayTV is mostly active in pay-TV, that market is only one of the three markets on which the Commission found that the merger strengthened the Kirch group's dominant position. Moreover, in the same way as potential competitors of the parties to the concentration may have standing to apply for annulment of an approval decision in the case of oligopolistic markets (see, to that effect, Case T-290/94 Kaysersberg v Commission [1997] ECR II-2137; and BaByliss v Commission, cited above), where, as in the present case, an undertaking holding a monopoly sees its position strengthened by a concentration, an action for annulment brought by an operator present only on neighbouring upstream or downstream markets may, in certain circumstances, also be admissible.
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