Press Release: Advocate General’s Opinion in Case C-265/17 P. European Commission v United Parcel Services, Inc.

Advocate General Kokott suggests that the Court of Justice should confirm that the Commission’s decision prohibiting the acquisition of TNT Express by UPS should be annulled due to a procedural error.

As the General Court correctly held, the Commission infringed UPS’s rights of defence by making material changes to the econometric model on which it relied during the administrative procedure without informing UPS or giving the undertaking an opportunity to submit observations.