The EU General Court dismisses a €1.7B damages claim for a failed merger blocked by the Commission and later cleared by the Court of Justice (UPS / TNT)

The General Court of the European Union Dismisses a EUR 1.7 Billion Damages Claim Against the European Commission For a Failed Merger* On 23 February 2022, the General Court of the European Union (the "General Court") issued a landmark judgment dismissing a request to hold the European Commission (the "Commission") liable for the failure of a proposed acquisition, which it had blocked by a decision later annulled by the European Courts. Background In June 2012, a package delivery provider (the "Bidder") announced its intention of acquiring its competitor (the "Target", the "Transaction"). The implementation of the proposed Transaction required prior merger control clearance from the Commission. However, considering that the Transaction would have been a significant impediment to