Polskie Linie Lotnicze "LOT" v Commission (Judgment) French Text [2021] EUECJ T-240/18 (20 October 2021)

Polskie Linie Lotnicze "LOT" v Commission (Judgment) French Text [2021] EUECJ T-240/18 (20 October 2021)

The General Court held that the Commission correctly defined the relevant market in light of Air Berlin's prior exit, properly assessed the effects of the concentration, did not err in its economic analysis, and provided sufficient reasoning. None of the applicant's grounds justified annulment of the Commission's...

Source-derived case information.

Citation
[2021] EUECJ T-240/18
Parties
Applicant: Polskie Linie Lotnicze “LOT” S.A.; Respondent: Commission européenne; Intervener: easyJet plc
Jurisdiction
European Union
Procedural Posture
Action for Annulment (article 263 Tfeu) / Final Judgment
Outcome
application dismissed
Legal Topics
Definition of Relevant Market, Assessment of Merger Effects, Obligation to State Reasons, State Aid, Airport Slots, Market Dominance, Procedural Requirements
EU Competition Law Merger Control Transport Law Definition of Relevant Market Assessment of Merger Effects Obligation to State Reasons State Aid Airport Slots +2 more

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Summary, issues, holding and outcome

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Parties

Polskie Linie Lotnicze “LOT” S.A.

Applicant

Commission européenne

Respondent

easyJet plc

Intervener

Procedural Posture

Action for Annulment (article 263 Tfeu) / Final Judgment

  1. 1 Whether the Commission erred in defining the relevant market for the merger
  2. 2 Whether the Commission made a manifest error in assessing the effects of the concentration
  3. 3 Whether the Commission failed to consider efficiency gains

Ratio Decidendi

The General Court held that the Commission correctly defined the relevant market in light of Air Berlin's prior exit, properly assessed the effects of the concentration, did not err in its economic analysis, and provided sufficient reasoning. None of the applicant's grounds justified annulment of the Commission's decision.

Court Disposition

application dismissed

Orders

  • The action is dismissed.
  • LOT is ordered to bear its own costs and to pay those of the Commission.