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Does the EU competition watchdog need a shorter lead?

March 12, 2018, The Times

Andrea Zulli is quoted by The Times in an article regarding action taken by UPS to sue the EU's antitrust watchdog for blocking its merger with TNT Express. According to Zulli, the European Commission is “highly competent” in its merger reviews. “However, it would be a welcome move if the ECJ confirmed the General Court’s judgment in the UPS case. It is key for merging parties to be able to review and comment on the latest version of any complex evidence upon which an EC decision is based.” Zulli also points out that the test to succeed in claiming damages for a “sufficiently serious and manifest failure” on the part of the EC is extremely high. “The precedents suggest that this happens once in a blue moon, namely the Schneider case where partial damages were awarded, and it is reasonable to expect that the level of the damages awarded would, in any case, be negligible compared to the level of damages sought.”

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