Monday, February 24, 2020
Merger decisions are still rarely subject to appeal; successful appeals are even more elusive.
That said, it would appear that in cases that are appealed, both courts apply increasing scrutiny and that the Commission’s margin of appreciation is shrinking.
Of the four grounds for annulment, the allegation of an infringement of the Treaties or of a rule of law relating to their application has been the most successful so far.
There have been no applications for failure to act, and only very few applications for damages, preliminary rulings and interim measures.