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Contenu article Bulletin Payant Abstract - type [D]

The EU General Court annuls a Commission decision prohibiting a merger in the parcel delivery sector on due process grounds (UPS / TNT)

Key words

Mergers - Merger (notion) - Economic analysis - Rights of Defence - Postal services

Background On 15 June 2012, the global specialist transport and logistics provider United Parcel Services (“UPS”) notified the European Commission of its proposed acquisition of TNT Express NV (“TNT”) under the EU Merger Regulation. [1] UPS and TNT are both active on international express small delivery markets within the European Economic Area (“EEA”). On 30 January 2013, the Commission blocked the proposed acquisition. According to its decision, the take-over would have restricted competition in 15 EU Member States as regards the express delivery of small packages to other European countries. In those Member States, the acquisition would have reduced the number of significant players in that market to only three, or even two, sometimes leaving DHL as the only alternative to UPS. The

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Abstract

Quotation :

James Killick, The EU General Court annuls a Commission decision prohibiting a merger in the parcel delivery sector on due process grounds (UPS / TNT), 7 March 2017, e-Competitions Bulletin March 2017, Art. N° 83594

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182 (french and english version)