UPS has appealed against the European Commission's (EC) decision to prohibit its acquisition of TNT Express, on the basis the decision was “factually and legally erroneous”.

If successful, the prohibition would be annulled, meaning that the EC would not be able to use the UPS decision as a basis for future rulings.

TNT Express, which recently revealed plans to boost EMEA profit by 8% in two years,  said that the appeal does not mean UPS is renewing or reconsidering its offer.

A spokeswoman for UPS said: “We are challenging the decision in order to ensure a more accurate assessment of the EU competitive landscape and to ensure that no precedent is established by the EC that would limit international growth opportunities.”

UPS pulled out of the deal in January,  shortly before the regulator officially rejected the offer.

The EC claimed that it would reduce the number of major players in the parcels market from three to two in some countries, reducing competition.

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