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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

Economists must respect due process too! EU General Court annuls Commission decision blocking UPS/TNT merger* The judgment reinforces due process and transparency in EU merger control proceedings. The Court made clear that due process standards will be strictly enforced in merger cases, despite the relatively tight deadlines. The Decision was, therefore, annulled for failure to respect rights of defence in relation to the handling of economic evidence by the Commission. The ruling also suggests that the EU judges are increasingly willing to scrutinise “complex economic appraisals” made by the Commission. 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

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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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