Jurisdiction(s):
United Kingdom

Key definition

Acquisition definition

What does Acquisition mean? In VAT practice, an acquisition is the cross-border purchase or movement of goods between EU Member States where the goods are removed to another Member State and VAT is self-assessed in the destination by the acquirer (acquisition VAT). The term is defined in VAT legislation (UK: Value Added Tax Act 1994, as modified for Northern Ireland by the Windsor Framework/NI Protocol; Ireland: VAT Consolidation Act 2010) and also covers certain transactions treated as supplies of goods, such as a trader’s transfer of own goods across borders. Jurisdictional scope: In Ireland, intra-Community acquisitions apply in full. In the UK, the rules...

CJEU (Case C-265/17 P) upholds annulment of UPS/TNT merger prohibition for breach of EU rights of defence over undisclosed changes to Commission’s econometric pricing model

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED

This archived case hub sets out the position as at the judgment of 16 January 2019; it is no longer maintained. See further the timeline, commentary and related cases for more information.

Case facts

Outline

Appeal to the Court of Justice by the European Commission against the judgment of the General Court, which annulled the Commission’s decision to prohibit UPS’s proposed Acquisition of TNT.

Latest development

On 16 January 2019, the Court of Justice delivered its judgment, rejecting the Commission’s appeal in its entirety.

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 offer small package Delivery services through integrated air and ground networks, constituting an ‘integrated’ service. Within the EEA, UPS and TNT are active on the international express small package delivery markets—services that guarantee delivery of small packages to another country within one day. These services are provided via international air and land Distribution networks. They rely on the integration of a range of assets, in particular local sorting centres, land-based and air hubs, road vehicles and aeroplanes...

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Web page updated on 21/05/2026

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