Source: All England Reporter
Publisher Citation: [2013] All ER (D) 227 (Dec)
Neutral Citation: [2013] CAT 30
Court: Competition Appeal Tribunal

Marcus Smith QC, Heriot Currie QC and Dermot Glynn

Judgment Dates: 4 December 2013


Competition - Competition Appeal Tribunal - Jurisdiction - SeaFrance SA (SF) operating ferry services between Calais and Dover - SF going into administration - Eurotunnel winning bid for three of SF's vessels and other tangible and intangible assets - DFDS being ferry operator providing labour to Eurotunnel for operation of SF's vessels - Office of Fair Trading (OFT) making reference to Competition Commission - OFT believing that relevant merger situation created in that enterprises carried on by or under control of Eurotunnel ceasing to be distinct from enterprises comprising certain assets of former SF - Commission agreeing with OFT's reference - Eurotunnel and DFDS seeking review of Commission's decision - Whether Commission having jurisdiction to hear review - Whether Commission in breach of rules of natural justice - Whether Commission's proposed remedy disproportionate - Whether Commission failing to take acount of relevant considerations - , .

The Case

Competition Competition Appeal Tribunal. The Competition Appeal Tribunal ruled on an appeal by Eurotunnel and another ferry operator against a decision by the Competition Commission in which the Commission had decided that by buying certain assets of SeaFrance SA, which had been in liquidation, a relevant merger situation had been created which had resulted or might result in a substantial lessening of competition in the market for the supply of transport services to freight customers on the short sea.

Practice Areas

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