Société Coopérative De Production Seafrance SA v The Competition and Markets Authority and anothe

Описание: [2015] UKSC 75

UKSC 2015/0127
Société Coopérative De Production Seafrance SA (Respondent) v The Competition and Markets Authority and another (Appellants)
On appeal from the Court of Appeal (Civil Division) (England and Wales)

The respondent was, prior to its liquidation, a workers' co-operative incorporated by a number of former employees of SeaFrance, the former operator of ferry services between Calais and Dover. Together with Groupe Eurotunnel SA, it had acquired various assets of SeaFrance following the French Court ordering the liquidation of SeaFrance. The assets included three of four vessels, trademarks, IT systems and customer lists. The respondent and Groupe Eurotunnel SA re-commenced ferry services under a subsidiary company, MyFerryLink SAS, on 20 August 2012. The acquisition was referred to the regulator. It concluded that it had jurisdiction, and that there was a "relevant merger situation" that could be expected to result in a substantial lessening of competition within the relevant markets and an anti-competitive outcome. It imposed operating prohibitions on Groupe Eurotunnel SA and its affiliates and associated persons (which had an indirect effect on the respondent). The Competition Appeal Tribunal gave guidance on the meaning of "enterprise" and remitted the question of jurisdiction back to the regulator. The regulator again held that it had jurisdiction, and that decision was again upheld by the Competition Appeal Tribunal. A majority of the Court of Appeal allowed an appeal and quashed the regulators' orders. The Competition and Markets Authority appealed to the Supreme Court.
The Supreme Court unanimously allows the appeal by the Competition and Markets Authority, thereby reinstating the decision of the Competition Appeal Tribunal in Eurotunnel II.