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On 24 June 2026, the Court of Session in Edinburgh granted Aramark Limited permission to appeal against the Competition Appeal Tribunal’s refusal to extend time in a high-profile merger challenge case.
Aramark had sought an extension of time, pursuant to Tribunal Rule 25(3), to file its challenge to a merger decision by the Competition and Markets Authority. The Tribunal refused the application, on the basis that there were no exceptional circumstances within the meaning of that Rule justifying an extension of time. Its judgment contains an important discussion of the Tribunal’s powers to extend time for commencing proceedings. Further details can be found here.
Aramark subsequently appealed the Tribunal’s ruling to the Court of Session (being the relevant appellate court for Tribunal proceedings in Scotland). Aramark argued that the Tribunal had erred in law in multiple respects, including in relation to its assessment of the reasons why Aramark missed the original deadline, as well as the impact of the refusal on Aramark and the Scottish economy.
In granting permission, the Court of Session accepted that Aramark’s arguments are arguable, have substance, and realistic prospects of success. Aramark’s appeal will now proceed to a substantive hearing to determine whether the Tribunal did indeed err in law.
Ronit Kreisberger KC, Ciar McAndrew and Charlie Coverman are instructed by Aramark and acted for Aramark before the Tribunal at first instance.
Rob Williams KC and James Bourke were instructed by the CMA before the Tribunal at first instance but are not instructed in the Scottish proceedings.