The UK Court of Appeal rules on the concept of “enterprise” under UK merger control (Eurotunnel)

All views expressed are strictly personal views of the author. The present case note does not constitute legal advice and should not be relied on as such. On 15 May 2015, the Court of Appeal (by a 2:1 majority) upheld a challenge to the Competition Appeal Tribunal (the "CAT") ruling which endorsed the Competition and Markets Authority's (the "CMA") findings in the Eurotunnel case. The case centres around the issue of whether or not Eurotunnel acquired an "enterprise" as opposed to bare assets when it purchased a number of vessels from SeaFrance after it went into liquidation. Eurotunnel and SCOP argued that they had simply acquired assets, and as such, UK merger control did not apply to the transaction. What was then the Competition Commission (the "CC"), and subsequently the CMA,

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  • Herbert Smith Freehills (London)

Quotation

Stephen Wisking, The UK Court of Appeal rules on the concept of “enterprise” under UK merger control (Eurotunnel), 15 May 2015, e-Competitions May 2015, Art. N° 74722

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