The UK Competition Appeal Tribunal upholds the Competition Authority’s first infringement decision for breach of an interim order in a merger investigation (Electro Rent)

On 11 February 2019 the Competition Appeal Tribunal (CAT) upheld the CMA's first infringement decision for breach of an interim order imposed on a completed merger under investigation. Electro Rent had served a break notice on the lease of its UK premises without first seeking the CMA's consent and was fined £100,000 in June 2018. The CAT dismissed Electro Rent's appeal on the basis that a reasonable person would not have believed that this conduct would not be in breach of the interim order imposed. Earlier this year the CMA imposed a fine of £300,000 on Ausurus and its subsidiary European Metal Recycling for two separate breaches of an interim order imposed in the context of its acquisition of Metal & Waste Recycling Limited. Electro Rent was also fined a second time, £200,000,

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Authors

  • Herbert Smith Freehills (London)
  • Herbert Smith Freehills (London)
  • Herbert Smith Freehills (Brussels)
  • Herbert Smith Freehills (London)

Quotation

Stephen Wisking, Veronica Roberts, Kyriakos Fountoukakos, Kristien Geeurickx, The UK Competition Appeal Tribunal upholds the Competition Authority’s first infringement decision for breach of an interim order in a merger investigation (Electro Rent), 11 February 2019, e-Competitions Interim measures, Art. N° 93544

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