Analysis: “A High Standard to Meet in Damages Actions Against the EU for Breaches of EU Competition Rules: The General Court Dismisses UPS’ (T-834/17) and ASL’s (T-540/18) Actions Following the Prohibition of the UPS/TNT Merger” by David Pérez de Lamo

On 23 February 2022, the General Court dismissed two actions for damages brought by United Parcel Service (‘UPS’) and ASL Aviation Holdings (‘ASL’) against the EU (T-834/17 and T-540/18), after the Court annulled the Commission’s decision prohibiting the proposed concentration between UPS and TNT Express (M.6570). The judgments of the General Court evidence the high standard that applicants must meet in damages actions against the EU under Article 340 TFEU for breaches of EU competition rules.

The Commission Prohibits the UPS/TNT Merger

In January 2013, the Commission prohibited the proposed acquisition of TNT Express by UPS, concluding that the concentration would significantly impede effective competition in the market fo