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Alistair Lindsay's Library

FERRIES AND FAIR HEARINGS

In its long awaited ruling on the Eurotunnel case, the Competition Appeal Tribunal has delivered a wide-ranging judgment dealing with almost the whole of the legal framework within which the Competition Commission ...

AKZO – What a Carry On…. Extra-territoriality, corporate veils and SLC

On 21 June 2013, the CAT confirmed that the UK's Competition Commission had the power to prohibit a foreign merger transaction between two companies based outside the UK. It upheld the bar to the acquisition by a Dutch ...

Ryanair Holdings plc v Office of Fair Trading (Aer Lingus Group plc intervening)

On 28 July 2011, the Competition Appeal Tribunal ("CAT") gave judgment on the application by Ryanair Holdings plc ("Ryanair") for judicial review of the decision by the Office of Fair Trading ("OFT") that it would be in time (should it decide to ...

UK Merger Control: Recent Developments

The most prominent recent developments in UK merger control are the protracted News Corp/BSkyB saga and the Ryanair v. OFT litigation at the CAT. The former has been analysed exhaustively and the latter will be illuminated by the ...

UK Merger Control: Recent Developments (Issue 2)

UK merger control remains relatively quiet.  There are currently no merger references from the OFT before the Competition Commission (the CC): the only ongoing merger investigation at the CC - Live Nation / ...

UK CAT JR in Mergers and Market Investigations:

This note discusses recent appeals to the Competition Appeal Tribunal (the "CAT") under ss. 120 and 179 of the Enterprise Act (the "Act") against decisions of the Office of Fair Trading (the ...

Mergers - Exceptions to the duty to refer and undertakings in lieu

In October, the OFT published a draft guidance consultation document, "Mergers - Exceptions to the duty to refer and undertakings in lieu".  The draft proposes significantly to amend the existing guidance on the de minimis exception ...

UK Merger Control: Recent Developments

This note analyses recent developments in UK merger control, under the following headings: the de minimis exception; undertakings in lieu; the relationship between the OFT and the CC - retail mergers; substantial part of the ...

Review of the draft joint Merger Assessment Guidelines of the CC and OFT

In general, there is much to welcome in the draft Guidelines.  First, it is helpful that the documents issued by the Authorities following the Enterprise Act are being updated to reflect experience and developments.   Secondly, it is ...