Case T- 194/13 United Parcel Service v Commission (merger prohibition) [Archived]
Case T- 194/13 United Parcel Service v Commission (merger prohibition) [Archived]

The following Competition guidance note provides comprehensive and up to date legal information covering:

  • Case T- 194/13 United Parcel Service v Commission (merger prohibition) [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related/similar cases

CASE HUB (NOTE—appeal lodged by Commission at Court of Justice in Case C- 265/17 P)

ARCHIVED—this archived case hub reflects the position at the date of the judgment of 7 March 2017; it is no longer maintained.

See further: timeline, commentary and related/similar cases

Case facts

Outline Appeal to the General Court seeking annulment of the Commission decision of 30 January 2013 prohibiting the proposed acquisition of TNT by UPS (Case M.6570).

On 7 March 2017, the General Court annulled the Commission decision on the basis of a procedural irregularity—namely, that the Commission infringed UPS’ rights of defence by relying on an econometric analysis which had not been discussed in its final form during the administrative procedure.

This matter is notable insofar as it involves a Commission decision prohibiting a merger, a relatively rare occurrence (and even more rare such a prohibition then being overturned by the Courts—the last time this occurred was in 2002 when the Court of First Instance (now the General Court) annulled three prohibition decisions: Tetra Laval/Sidel, Airtours/First Choice and Schneider/Legrand).

Parties Applicant: United Parcel Service Inc (UPS)

Defendant: European Commission

UPS, a US-based company and TNT Express NV (TNT), a Netherlands-based company both