The UK Competition Appeal Tribunal endorses the Competition Authority’s broad discretion in relation to the share of supply test (Sabre / Farelogix)

On 21 May 2021, the UK’s Competition Appeal Tribunal (“CAT”) unanimously dismissed an appeal by aviation technology and software supplier Sabre against the decision of the UK Competition and Markets Authority (“CMA”) to block its acquisition of travel industry software innovator Farelogix. Sabre’s challenge related primarily to the CMA’s application of the share of supply jurisdictional test – a unique aspect of the UK merger control regime that the CMA has in recent years been willing to deploy with ever-increasing flexibility. If the CAT’s judgment is not overturned following a potential appeal, it will afford the CMA very broad discretion in deciding whether to assert jurisdiction over any transaction that it deems sufficiently worthy of consideration (or interesting), even where there is

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Marc Freedman, Alex Stratakis, The UK Competition Appeal Tribunal endorses the Competition Authority’s broad discretion in relation to the share of supply test (Sabre / Farelogix), 21 May 2021, e-Competitions May 2021, Art. N° 101269

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