The European Court of First Instance rejects damages claim for losses suffered as a result of the annulment of the Commission’s decision to prohibit a merger (MyTravel)

On 9 September 2008, the Court of First Instance ("CFI") dismissed in its entirety the damages action brought by MyTravel (formerly Airtours) for losses resulting from its inability to complete its bid for First Choice as a result of the Commission’s prohibition of the Airtours/First Choicemerger. In its decision of 22 September 1999, the Commission declared the Airtours/First Choicemerger incompatible with the common market and prohibited it. The Commission’s decision was eventually annulled by the CFI on 6 June 2002 on the basis of a number of errors in the Commission’s substantive assessment of collective dominance. On 18 June

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  • Van Bael & Bellis (Brussels)

Quotation

Martin Favart, The European Court of First Instance rejects damages claim for losses suffered as a result of the annulment of the Commission’s decision to prohibit a merger (MyTravel), 9 September 2008, e-Competitions Bulletin September 2008, Art. N° 44689

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