The UK Competition Appeal Tribunal upholds that when a company acquires assets that can potentially be turned into a business activity, it can be considered as acquiring part of a business activity (Eurotunnel / SeaFrance / MyFerryLink)

Eurotunnel: when buying assets is a merger* When is an asset acquisition a merger? As the Eurotunnel litigation shows, the answer is not clear-cut. The background is the 2011 liquidation of the cross-channel ferry company SeaFrance. It could not be sold as a going concern, so instead there was an asset sale. Eurotunnel bought three ferries and various other assets including the SeaFrance logos, brand and trade name, computer software, websites and domain names, and IT systems. The Enterprise Act 2002 provides (in summary) that there is a relevant merger situation if one business acquires, “the activities, or part of the activities, of [another] business.”

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • Blackstone Chambers (London)

Quotation

Tristan Jones, The UK Competition Appeal Tribunal upholds that when a company acquires assets that can potentially be turned into a business activity, it can be considered as acquiring part of a business activity (Eurotunnel / SeaFrance / MyFerryLink), 9 January 2015, e-Competitions Bulletin Transport (rail), Art. N° 71363

Visites 160

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues