Judgment_paragraph 301 · United Parcel Service, Inc. v European Commission (T-834/17)

301UPS recalls that it pleaded to that effect under the third plea in its action in Case T‑194/13 and demonstrated the lack of rigour with which the Commission analysed the responses to the market questionnaire, in particular as regards the Czech, Bulgarian, Danish and Maltese markets. The Commission’s refusal to explain how the responses to the questionnaire for those Member States justified a finding of a significant impediment to effective competition makes it impossible to understand the standard of proof required to reach such a finding. UPS produces, at the stage of the reply, an account of the responses of large and small customers to the Phase II market investigation for the Bulgarian, Czech, Danish and Maltese markets, which, in its view, confirm that it was not reasonable to conclude that FedEx was not a close competitor of UPS.

United Parcel Service, Inc. v European Commission (T-834/17)

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