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Case C-265/17 P: Judgment of the Court (First Chamber) of 16 January 2019 — European Commission v United Parcel Service, Inc., FedEx Corp. (Appeal — Merger control — Acquisition of TNT Express by UPS — Commission Decision declaring a concentration to be incompatible with the internal market and the functioning of the EEA Agreement — Econometric model developed by the Commission — Failure to disclose amendments made to the econometric model — Infringement of the rights of the defence)
ECLI:EU:UNKNOWN:62017CA0265
62017CA0265
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11.3.2019
Official Journal of the European Union
C 93/7
(Case C-265/17 P) (1)
((Appeal - Merger control - Acquisition of TNT Express by UPS - Commission Decision declaring a concentration to be incompatible with the internal market and the functioning of the EEA Agreement - Econometric model developed by the Commission - Failure to disclose amendments made to the econometric model - Infringement of the rights of the defence))
(2019/C 93/08)
Language of the case: English
Parties
Appellant: European Commission (represented by: T. Christoforou, N. Khan, H. Leupold and A. Biolan, acting as Agents)
Other parties to the proceedings: United Parcel Service, Inc. (represented by: A. Ryan, Solicitor, F. Hoseinian, advokat, W. Knibbeler, S.A. Pliego and P. van den Berg, advocaten, and F. Roscam Abbing, advocate), FedEx Corp. (represented by: F. Carlin, Barrister, G. Bushell, Solicitor, and N. Niejahr, Rechtsanwältin)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders the European Commission to pay the costs.
(1)
OJ C 231, 17.7.2017.