The UK Competition Appeal Tribunal hands down a judgment dismissing a software supplier’s application for review of the Competition Authority decision’s to prohibit a merger (Sabre / Farelogix)

On 21 May 2021, the Competition Appeal Tribunal ("CAT") handed down a judgment dismissing Sabre's application for review of the Competition and Markets Authority ("CMA") decision to prohibit the Sabre/Farelogix merger. Sabre had challenged the CMA's jurisdiction to review the merger, which it had claimed based on the "share of supply" test in the UK. Key takeaways The share of supply test gives the CMA jurisdiction to assess a merger if, as a result of the merger, a share of 25% or more in the supply or consumption of goods or services "of any description" in the UK (or in a substantial part of the UK) is created or enhanced. The CAT confirmed that the CMA has "broad discretion" when identifying the criteria for defining the relevant

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Neil Cuninghame, The UK Competition Appeal Tribunal hands down a judgment dismissing a software supplier’s application for review of the Competition Authority decision’s to prohibit a merger (Sabre / Farelogix), 21 May 2021, e-Competitions May 2021, Art. N° 101222

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