16 Colum. J. Eur. L. 131 (2009)

Casey W. Halladay, B.A. (Hons.), M.A., LL.B., LL.M., ofthe Bars of England and Wales, New York, and Ontario. Partner, Studio Legale Amorese, Bergamo, Italy and London, U.K.

In an important clarification of the rights of merger parties and the responsibilities of the European Commission (“the Commission “) in merger review under the E.C. Merger Regulation (E.C.M.R.), the European Court of First Instance (C. F. I.) recently released its decision in MyTravel Group v. Commission. At issue in MyTravel was the Commission’s potential liability to merger parties under Article 288 E.C. Treaty for errors committed in reviewing a merger notified under the E.C.M.R. MyTravel represents an important victory for the Commission in that it grants the Commission a substantial degree of deference as to how it conducts merger reviews. The case may also represent a partial retrenchment of the C.F.. ‘s 2007 decision to award damages against the Commission on similar grounds in Schneider Electric v. Commission.