Supreme Court grants permission to appeal in Eurotunnel case

Societe Cooperative De Production Seafrance S.A. (Respondent) v The Competition and Markets Authority and another (Appellant)

The Supreme Court has granted permission for the Competition and Markets Authority to appeal the Court of Appeal of England and Wales’ decision in a case relating to a dispute over whether the acquisition by Eurotunnel of 3 out of Seafrance’s 4 ferries, together with certain other business assets, which were not trading at the time of the acquisition, amounted to an “enterprise” (i.e. “the activities or part of the activities of a business”) so as to give rise to a “relevant merger situation” over which the CMA had jurisdiction. The Court of Appeal refused permission to appeal.  The Supreme Court described the case as one of “particular public interest”.

Paul Harris QC and Ben Rayment were instructed by the CMA.

Daniel Beard QC and Rob Williams were instructed by the SCOP.