Case update

Case update

Société Cooperative De Production SeaFrance S.A. (Respondent) v Competition and Markets Authority and another (Appellant)

2 September 2015

As announced on 28 July, the Supreme Court has granted permission for the Competition and Markets Authority to appeal the Court of Appeal of England and Wales' decision in a case relating to the acquisition by Eurotunnel of three out of SeaFrance's four ships, together with certain business assets. The legal question relates to whether or not Eurotunnel acquired an "enterprise" through the transaction, and therefore whether or not the CMA had the power to require Eurotunnel to take remedial action. The case has been listed to be heard before five Justices on 14 and 15 October - one of the first cases to be heard by the Supreme Court in the new legal year.

Additionally, an advocate to the court has been appointed to assist the Justices in examining some of the legal issues raised by CMA's appeal, in the absence from the proceedings of representatives of the liquidators of Societe Cooperative De Production SeaFrance.

Court of Appeal of England and Wales' decision