Cases T- 834/17 United Parcel Service Commission v Commission and T- 5401/8 ASL Aviation Holdings and ASL Airlines (Ireland) v Commission [Archived]
Published by a LexisNexis Competition expert
Practice notesCases T- 834/17 United Parcel Service Commission v Commission and T- 5401/8 ASL Aviation Holdings and ASL Airlines (Ireland) v Commission [Archived]
Published by a LexisNexis Competition expert
Practice notesCASE HUB
NOTE—appeal lodged before the Court of Justice in Case C- 297/22
ARCHIVED—this archived case hub reflects the position at the date of the judgment 23 February 2022; it is no longer maintained.
See further, timeline and relevant/related cases.
Case facts
Outline | Two separate actions seeking economic damage allegedly suffered as a result of the Commission’s decision of 30 January 2013 to prohibit the United Parcel Services/TNT Express merger (Case M.6570). |
Latest developments | On 23 February 2022, the General Court issued its judgments in which it dismissed the damages actions in their entirety. In relation to Case T- 834/17, the General Court held (amongst other things) that UPS failed to show that an infringement of its procedural rights in the merger review constituted the determining cause of the types of damages alleged. Furthermore, UPS could not show that the Commission directly caused it to pay out a break-fee to TNT, which UPS itself had negotiated. In relation to Case T- |
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