Case C‑265/17 P
European Commission
v
United Parcel Service Inc.
Judgment of the Court (First Chamber), 16 January 2019
(Appeal – Merger control – Acquisition of TNT Express by UPS – Commission Decision declaring a concentration to be incompatible with the internal market and the functioning of the EEA Agreement – Econometric model developed by the Commission – Failure to disclose amendments made to the econometric model – Infringement of the rights of the defence)
1. Appeal – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the facts or evidence have been distorted
(Art. 256(1) TFEU; Statute of the Court of Justice, Art 58, first para.)
(see paragraphs 11-12)
2. Appeal – Grounds – Mere repetition of the pleas and arguments put forward before the General Court – Inadmissibility – Challenge to the interpretation or application of EU law made by the General Court – Admissibility
(Art. 256(1), second subpara. TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the General Court, Art. 168(1)(d))
(see paragraphs 14-16)
3. Concentrations between undertakings – Administrative procedure – Observance of the rights of the defence – Hearing of undertakings – Obligation on the Commission to communicate to the undertaking concerned the final version of the econometric model used before adoption of the contested decision
(Council Regulation No 139/2004, Art. 18(3); Commission Regulation No 802/2004, Art. 13(2) and (17))
(see paragraphs 28-44)
4. Concentrations between undertakings – Administrative procedure – Observance of the rights of the defence
(Council Regulation No 139/2004, Art. 18(3); Commission Regulation No 802/2004, Art. 13(2))
(see paragraphs 53-56)
See the text of the decision.