CASE COMMENTS: MERGER CONTROL - RIGHTS OF DEFENCE – ECONOMIC ANALYSIS

Annulment of a commission decision : The General Court of the European Union annuls a Commission’s decision prohibiting a merger on the ground that the European Commission breached the notifying party’s rights of defence (UPS)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. The case had made a lot of noise. In the spring of 2012, the American freight forwarding and express parcel delivery company UPS announced a takeover bid for the capital of its Dutch competitor TNT. The bid valued TNT at €5.1 billion and would have created a global giant with a turnover of no less than €45 billion. According to the parties, the transaction would have provided UPS with an integrated transport network around the world and could have generated substantial economies of scale as well as faster express delivery of packages to the benefit of consumers. In Europe, however, this operation led to a reduction from four to three operators in

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Olivier Billard, Guillaume Fabre, Annulment of a commission decision : The General Court of the European Union annuls a Commission’s decision prohibiting a merger on the ground that the European Commission breached the notifying party’s rights of defence (UPS), 7 March 2017, Concurrences N° 2-2017, Art. N° 83942, pp. 128-131

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