United Parcel Service, Inc. v European Commission

European Union – Rules on competition. The General Court of the European Union granted the application by United Parcel Service Inc. (UPS) for annulment of Commission Decision C(2013) 431 of 30 January 2013 by which the Commission had declared the proposed merger by UPS with TNT Express NV to be incompatible with the internal market and the functioning of the European Economic Area Agreement (Case COMP/M.6570 — UPS/TNT. Express). The General Court held that by not communicating the final econometric analysis model concerning the likely effects of the merger on prices to UPS before adopting the contested decision, the Commission had infringed UPS's rights of defence.

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