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Economists Must Respect Due Process Too! EU General Court annuls Commission decision blocking UPS/TNT merger

James Killick et al., White & Case Alert, 09 MAR 2017

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The judgment reinforces due process and transparency in EU merger control proceedings. The Court made clear that due process standards will be strictly enforced in merger cases, despite the relatively tight deadlines. The Decision was, therefore, annulled for failure to respect rights of defence in relation to the handling of economic evidence by the Commission. The ruling also suggests that the EU judges are increasingly willing to scrutinise "complex economic appraisals" made by the Commission.

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