Groupe Eurotunnel S.A. v CMA; Societe Cooperative de Production Sea France S.A v CMA

09 Jan 2015

In its awaited ruling on the Eurotunnel case, the Competition Appeal Tribunal has delivered its second judgment dealing with the concept of an “enterprise”, in the context of the acquisition by Groupe Eurotunnel of certain vessels and other assets previously owned by SeaFrance.

In summary, the Tribunal upheld the Competition and Market Authority’s finding that it had jurisdiction to consider the transaction, considering that the CMA had established that notwithstanding the cessation of trading by SeaFrance during liquidation the assets acquired nevertheless constituted an “enterprise”.

Alistair Lindsay appeared for Groupe Eurotunnel S.A.

Daniel Beard QC and Rob Williams appeared for the Société Coopérative de Production Sea France S.A.

Paul Harris QC, Ben Rayment and Thomas Sebastian appeared for the CMA.

Meredith Pickford and Ligia Osepciu appeared for DFDS A/S.

This judgment has featured in various press including: