Judgment_paragraph 110 · KPN BV v European Commission (T-370/17)

110It is therefore for the Commission to show, with a sufficient degree of probability, in its decision declaring a merger compatible with the internal market that the merger, as modified by the commitments proposed by the parties thereto, will not significantly impede effective competition in the internal market or in a substantial part of it. Interested third parties who bring an action seeking the annulment of a decision declaring a merger to which commitments are attached compatible with the internal market must show that the Commission erred in its assessment of those commitments in such a way that the compatibility of the merger with the common market is called into question (see, to that effect, judgment of 19 June 2009, Qualcomm v Commission, T‑48/04, EU:T:2009:212, paragraphs 89 and 90).