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EU Court confirms the need for transparency and full disclosure of economic analyses in EU merger cases (UPS/TNT)* On 16 January 2019, the Court of Justice of the European Union (“CJEU” or “Court”) dismissed the European Commission’s appeal against the annulment of its decision to prohibit the acquisition of TNT by UPS. The CJEU stressed the importance of respecting companies’ rights of defence as regards economic analysis and methodology used in merger control. Case Background In January 2013, the Commission blocked the proposed transaction on the basis that it would significantly hinder competition in the market for international express small package delivery services in 15 EEA Member States.  In those Member States, the number of players on that market would have been
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