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, for