Unconvinced by the outcome of the Eurotunnel case, the CMA wants guidance from the Supreme Court on what constitutes an enterprise for the purposes of UK merger control. The CMA is seeking permission to appeal the Court of Appeal judgment of 15 May 2015 in the Eurotunnel case. That judgment decided that the CMA did not have jurisdiction to review the acquisition of three ferries and related assets of the liquidated SeaFrance business by Groupe Eurotunnel S.A. (Eurotunnel) in co-operation with Société Coopérative de Production SeaFrance SA (SCOP), a workers’ co-operative made up of former SeaFrance employees. The meaning of the term enterprise The case turned on the meaning of an “enterprise” for the purposes of UK merger control. The original decision was taken by Competition
The UK Competition and Markets Authority seeks permission to appeal to the Supreme Court on what constitutes an enterprise for the purposes of merger control (Eurotunnel / SeaFrance / MyFerryLink)
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