464In that regard, it should first be observed that, in its judgment in Commission v Tetra Laval, paragraph 60 above, the Court of Justice held, as had the Court of First Instance, that when the Commission relies on future conduct which it contends will be engaged in by a merged entity following a merger, it is required to establish, on the basis of convincing evidence and with a sufficient degree of probability, that the conduct will actually occur (see, also, paragraph 64 above).
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