Source: All England Reporter
Publisher Citation: [2015] All ER (D) 159 (Jan)
Neutral Citation: [2015] CAT 1
Court: Competition Appeal Tribunal

Roth J, Professor John Beath and Joanne Stuart

Representation Richard Gordon QC and Alistair Lindsay (instructed by Pinsent Masons LLP) for Eurotunnel.
  Daniel Beard QC and Rob Williams (instructed by Reynolds Porter Chamberlain LLP) for SCOP.
  Paul Harris QC, Ben Rayment and Thomas Sebastian (instructed by the Treasury Solicitor) for CMA.
  Meredith Pickford and Ligia Osepciu (instructed by Hogan Lovells LLP) for DFDS.
Judgment Dates: 9 January 2015


Competition - Competition Appeal Tribunal - Jurisdiction - Predecessor to Competition and Markets Authority (CMA) deciding in original report that completed acquisition by Groupe Eurotunnel SA of certain assets from liquidator of SeaFrance SA constituting merger situation and should be prohibited - Tribunal hearing applications for review of original report and dismissing all grounds of challenge but remitting only matter regarding jurisdiction to CMA for determination - CMA deciding that acquisition at issue involving 'relevant merger situation' thereby giving it jurisdiction to hear matter - CMA deciding that no change of circumstances existing to justify quashing decisions reached in original report - Whether CMA having jurisdiction to hear matter - Whether CMA wrongly deciding that bound by conclusions in original report - .

The Case

Competition Competition Appeal Tribunal. The Competition Appeal Tribunal dismissed the applications brought by Groupe Eurotunnel SA (Eurotunnel) and Societe Cooperative de Production Sea France SA under of the Enterprise Act 2002 for judicial review of a decision of the Competition and Markets Authority in relation to the completed acquisition by Eurotunnel of certain assets from the liquidator of SeaFrance SA.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.