47As regards the standard of proof, it is apparent from Case C-413/06 P Bertelsmann and Sony Corporation of America v Impala [2008] ECR I-4951, paragraphs 50 to 53, that the Commission is, in principle, required to adopt a position, either in the sense of approving or of prohibiting the concentration notified to it, based on its assessment of the economic outcome attributable to the concentration which is the most likely to ensue. An assessment of probabilities is therefore involved, as the Commission contends, and not, as the applicants submit, an obligation on the Commission to show beyond any reasonable doubt that a concentration does not give rise to any competition concerns.
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