The United Parcel Service (UPS) attempted to merge with Dutch delivery company TNT Express NV a few years ago, but the European Commission blocked the merger. An EU court later overturned the block in January 2013, but UPS withdrew from the deal, allowing rival company FedEx to merge with TNT instead. Years later, UPS is now suing the Commission for US$2.15 billion plus interest. At the middle of the lawsuit lies a discussion regarding the capability of EU courts to overturn Commission decisions.
Brussels-based White & Case partner Assimakis Komninos offered his perspective, saying, "There is a feeling among the companies and competition practitioners that the courts have been rather lenient to the commission and therefore, it's either better to settle or to forget about appealing. There have been a couple of cases, which shows a bit [of] movement on the side of the court, but look at where we are coming from." Click here to read more.
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