Competition and Regulatory Newsletter

EU General Court annuls European Commission’s UPS/TNT prohibition decision

In a ruling issued on 7 March 2017 the General Court annulled the decision by the European Commission to block the proposed merger between United Parcel Services and TNT Express, concluding that the Commission had infringed UPS’s rights of defence by failing to communicate the final version of its econometric model. Beyond providing a useful precedent for challenging the Commission’s decisions, the GC’s judgment buttresses the rights of notifying parties whilst also reinforcing the importance of due process in merger review.

Also in this newsletter

• ECJ clarifies scope of publishing leniency information in European Commission decisions
• European Commission fines six air conditioning and engine cooling suppliers in cartel settlement
• European Commission introduces new anonymous whistleblowing tool
• CMA consults on changes to market investigations
• Ofcom agrees Openreach separation from BT