Party’s Right of Defence in Merger Proceedings Conducted by the Commission. Commentary on Court of Justice Judgment of 19 January 2019, C-265/17 P, Commission v. United Parcel Service
In the commented judgment, the Court of Justice confirmed the right of the party to the proceedings to get acquainted with all the documents that might be important for its defence, and the obligation of the Commission – corresponding to this right – to put the party in a position in which it can express its view on all the factors on which the Commission intends to base its decision issued under Regulation 139/2004. The position adopted in the judgment makes it inadmissible not to include in the case files the documents that might be relevant for the decision, regardless of their origin or nature.
dr Jarosław Łukawski – the author is a doctor of juridical sciences at the Institute of Law Studies of the Polish Academy of Sciences, an attorney at law, a senior counsel at Sołtysiński, Kawecki & Szlęzak law firm.
