CASE COMMENTS: PROCEDURES – EUROPEAN UNION – MERGERS – RIGHT OF THE DEFENCE – ACCESS TO FILE – ECONOMIC ANALYSIS

Access to file: The Court of Justice of the European Union confirms the annulment of the European Commission’s decision prohibiting a merger because of the failure to communicate to the parties the econometric model on which that decision was based (UPS, TNT)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In the field of mergers, there have been few judgments annulling Commission decisions based on violation of the rights of defence. The latest was in 2002, when the Court of First Instance ruled that the lack of clarity and precision of certain Commission objections infringed the rights of defence by not allowing Schneider to present appropriate remedies (Trib. UE, 22 Oct. 2002, Schneider Electric, Case T-310/01). In the present case, UPS and TNT had notified their merger to the Commission in 2012. The Commission prohibited the merger on the basis, inter alia, of the results of an econometric model different from the one used in the Statement of Objections

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Alexandre Lacresse, Barbara Monti, Access to file: The Court of Justice of the European Union confirms the annulment of the European Commission’s decision prohibiting a merger because of the failure to communicate to the parties the econometric model on which that decision was based (UPS, TNT), 16 January 2019, Concurrences N° 2-2019, Art. N° 90465, pp. 149-150

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