Société Coopérative De Production Seafrance S.A. v Competition and Markets Authority

Société Coopérative De Production Seafrance S.A. v Competition and Markets Authority

The Court of Appeal lacks jurisdiction to continue or revive interim measures contained in a Remedies Order that has been quashed, as the court's order was final and there is no statutory authority to extend the effect of the quashed order. The application for further interim relief by the CMA must therefore be dismissed.

Parties
Appellant/respondent: Société Coopérative de Production SeaFrance S.A.; Applicant/first Respondent: Competition and Markets Authority; Second Respondent: DFDS A/S
Jurisdiction
England and Wales
Judgment Date
10 July 2015
Procedural Posture
Civil Appeal / Application for Interim Relief Pending Appeal to Supreme Court
Outcome
Application dismissed
Legal Topics
Jurisdiction of Competition Authorities, Interim Relief, Merger Control, Judicial Review, Remedies in Competition Law
Competition Law Administrative Law Jurisdiction of Competition Authorities Interim Relief Merger Control Judicial Review Remedies in Competition Law

Case Brief

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Parties

Société Coopérative de Production SeaFrance S.A.

Appellant/respondent

Competition and Markets Authority

Applicant/first Respondent

DFDS A/S

Second Respondent

Procedural Posture

Civil Appeal / Application for Interim Relief Pending Appeal to Supreme Court

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to continue interim measures after quashing the Remedies Order pending a Supreme Court appeal
  2. 2 Whether the Competition and Markets Authority is entitled to interim protection to prevent integration of businesses pending appeal
  3. 3 Whether the court can revive or extend the effect of a quashed order

Ratio Decidendi

The Court of Appeal lacks jurisdiction to continue or revive interim measures contained in a Remedies Order that has been quashed, as the court's order was final and there is no statutory authority to extend the effect of the quashed order. The application for further interim relief by the CMA must therefore be dismissed.

Court Disposition

Application dismissed