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CJEU dismisses UPS damages appeal over prohibited UPS/TNT merger: no causal link, break fee freely assumed, econometric-model irregularities and procedural breach insufficient, loss-of-opportunity claim inadmissible

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CASE HUB ARCHIVED

This archived case hub sets out the position as at the judgment dated 21 December 2023 and is no longer being maintained. For further details, see the timeline and relevant/related cases.

Case facts

Outline

An appeal was lodged against the General Court’s judgment in Case T‑834/17, which dismissed an action seeking economic damages said to have been suffered as a result of the Commission’s decision of 30 January 2013 prohibiting the United Parcel Service/TNT Express merger (Case M.6570).

Latest development

On 21 December 2023, the Court of Justice delivered its judgment and dismissed the appeal in its entirety. In particular, the Court of Justice held, amongst other things, that:

  • the General Court had not mischaracterised the facts or the Commission’s prohibition decision;
  • the General Court’s judgment provided sufficient reasons;
  • the General Court had not erred in concluding that there was a causal link between the Commission’s errors and the damages claimed by United Parcel Service.

Parties

  • Applicant: United Parcel Service, Inc. (UPS)
  • Defendant: European Commission (the Commission)

Background

The Commission’s 2013 decision

On 30 January 2013...

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Web page updated on 21/05/2026

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