Overseas Decisions Bulletin



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Competition



Societe Cooperative de Production SeaFrance SA v The Competition and Markets Authority and Anor

Supreme Court of United Kingdom: [2015] UKSC 75.
Judgment delivered: 16 December 2015.
Coram: Lord Neuberger, Lord Clarke, Lord Sumption, Lord Reed and Lord Hodge.
Catchwords:
Competition – Restriction or distortion of competition – Relevant merger situation – Company operating ferry service between Calais and Dover going into liquidation in France and ordered to make employees redundant – Ferry service ceasing – Liquidator selling assets including ships to company operating Channel Tunnel between Calais and Dover – Ferry service resuming operated by Channel Tunnel company but ships operated and crewed by another company – Whether relevant merger situation created – Whether competition authority having jurisdiction to prohibit Channel Tunnel company operating any ferry service from Dover using the passenger ships acquired from liquidated company – Enterprise Act 2002, s 23(2).
Held (5:0): Appeal allowed.





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