“… [74] – [75] above) and it therefore had no obligation to proceed to evaluate the category of evidence that the complainant wished the Commission to assess. In Case T-216/13 Telefonica v Commission (28th June 2016) the General Court explained that where the Commission had demonstrated the existence of an infringement it was not eno…”
“…ate General Kokott’s opinion at [75] in FEG v. Commission: (Case C105/04 P) C:2005:751, and the CJEU’s decision at [124] and [130] in Telefonica v. Commission (Case T-216/13) EU:T:2016:369 [2018] 4 C.M.L.R. 21 show that a defendant cannot put forward a prima facie fact, and require the claimant to investigate and see whether it is …”
“…In Telefonica v. Commission (Case T-216/13) EU:T:2016:369 [2018] 4 C.M.L.R. 21 at [164], the CJEU said that “the principle of sound administration requires the [competition authority] to play its part, …”