The EU Court of First Instance overturns the EU Commission decision’s to block a merger between two UK tour operators addressing the issue of collective dominance (Airtours / First Choice)

In a critical decision, the European Court of First Instance (“CFI”) reversed the decision of the EC Commission, which had blocked AirTours’ acquisition of First Choice, a rival UK tour operator, under Article 2(3) of the EC Merger Control Regulation on the basis that it would have created a collective dominant position, as a result of which effective competition would have been significantly impeded. From a theoretical standpoint, the most significant part of the judgment is its analysis of collective dominance. However, from a practitioner’s perspective the most important thing about the case is the rigorous approach of the Court. The case confirms that judicial review of merger decisions can be effective, albeit often too slow to save the deal. The Commission can no longer be said to

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • White & Case (Brussels)

Quotation

James Killick, The EU Court of First Instance overturns the EU Commission decision’s to block a merger between two UK tour operators addressing the issue of collective dominance (Airtours / First Choice), 6 June 2002, e-Competitions Bulletin June 2002, Art. N° 37057

Visites 556

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues