Judgment_paragraph 125 · European Commission v CK Telecoms UK Investments Ltd (C-376/20 P)

125However, that does not mean that the EU Courts must refrain from reviewing the Commission’s interpretation of information of an economic nature. Indeed, the EU Courts, which, as recalled by the Advocate General in points 73 and 85 of her Opinion, cannot be bound by the Horizontal Merger Guidelines as such, must not only establish, among other things, whether the evidence relied on is factually accurate, reliable and consistent but also whether that evidence contains all the information which must be taken into account in order to assess a complex situation and whether it is capable of substantiating the conclusions drawn from it (see, to that effect, judgment of 10 July 2008, Bertelsmann and Sony Corporation of America v Impala, C‑413/06 P, EU:C:2008:392, paragraph 145 and the case-law cited).

European Commission v CK Telecoms UK Investments Ltd (C-376/20 P)

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