The EU General Court dismisses a €1.7 billion claim for damages brought by a courier delivery services company in which it sought compensation for losses resulting from the Commission’s decision to block a merger with its rival (UPS / TNT)

On 23 February 2022, the EU's General Court (GC) dismissed a €1.7 billion claim for damages brought by United Parcel Service Inc. (UPS) against the European Commission (EC). [1] UPS sought compensation for the losses resulting from the EC's decision to block UPS' merger with TNT NV (TNT). [2] The GC, which had quashed the EC's merger prohibition decision, found that the EC's breach of UPS' rights of defense constituted a serious breach of EU law, but rejected UPS' claim for compensation, reasoning that there was no causal link between the infringement and the damages claimed. Background January 2013: The EC blocked the proposed acquisition of TNT by UPS because it would significantly impede competition in the market for international express small package delivery services in 15 EEA

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Strati Sakellariou-Witt, Axel P. Schulz, Katarzyna Czapracka, Tilman Kuhn, Martina Castrén, The EU General Court dismisses a €1.7 billion claim for damages brought by a courier delivery services company in which it sought compensation for losses resulting from the Commission’s decision to block a merger with its rival (UPS / TNT), 23 February 2022, e-Competitions February 2022, Art. N° 105640

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