The EU Court of Justice upholds the General Court’s ruling that the Commission violated rights of defence when it failed to share the final economic model used in its decision to block a merger (UPS / TNT)

On 19 January 2019, the Court of Justice of the European Union (“ECJ”) upheld on due process grounds the 2017 judgment of the General Court (“GC”) annulling the decision of the European Commission (“Commission”) in the UPS/TNT Express merger (Case C-265/17P, Commission v. United Parcel Service). The Commission prohibited UPS’ acquisition of TNT Express in January 2013, citing concerns that the operation would have led to a significant