Monday, February 24, 2020

Merger Cases in the EU Courts

Susanne Zuehlke, Francesca Gentile, and Petar Petrov  analyze Merger Cases in the EU Courts.


  • 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.

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