The EU General Court annuls the Commission’s decision to prohibit a merger in the International express package delivery sector (UPS / TNT)

The General Court annulled on 7 March 2017 the European Commission’s decision in 2013 to prohibit UPS' proposed acquisition of TNT. The judgment was much awaited also because of its potential for clarifying the role of efficiencies in merger review. In practice, the Court overturned the decision on the grounds that UPS’ rights of defence had been infringed by the Commission’s failure to discuss with UPS the final version of an econometric analysis relied upon in its decision. These final results were used to identify those EEA countries where the merger

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Authors

  • CRA International (London)
  • CRA International (London)

Quotation

Ian Small, Simon Chisholm, The EU General Court annuls the Commission’s decision to prohibit a merger in the International express package delivery sector (UPS / TNT), 7 March 2017, e-Competitions Bulletin March 2017, Art. N° 83635

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