Société Coopérative De Production Seafrance S.A. v Competition and Markets Authority [2015] EWCA Civ 768 (10 July 2015)

Société Coopérative De Production Seafrance S.A. v Competition and Markets Authority [2015] EWCA Civ 768 (10 July 2015)

The Court of Appeal lacks jurisdiction to continue or revive interim measures from a quashed Remedies Order beyond the expiry date set in that order, as its powers do not extend to authorising acts contrary to its own final judgment or to the law as declared. The application for further interim relief must therefore be dismissed.

Citation
[2015] EWCA Civ 768
Parties
Respondent/appellant: 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 Following Court of Appeal Judgment
Outcome
Application dismissed
Legal Topics
Relevant Merger Situation, Substantial Lessening of Competition, Jurisdiction of Appellate Courts, Interim Relief, Remedies Order, Powers of Competition and Markets Authority
Competition Law Administrative Law Relevant Merger Situation Substantial Lessening of Competition Jurisdiction of Appellate Courts Interim Relief Remedies Order Powers of Competition and Markets Authority

Case Brief

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Parties

Société Coopérative de Production SeaFrance S.A.

Respondent/appellant

Competition and Markets Authority

Applicant/first Respondent

DFDS A/S

Second Respondent

Procedural Posture

Civil Appeal / Application for Interim Relief Following Court of Appeal Judgment

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 against integration of ferry businesses pending appeal

Ratio Decidendi

The Court of Appeal lacks jurisdiction to continue or revive interim measures from a quashed Remedies Order beyond the expiry date set in that order, as its powers do not extend to authorising acts contrary to its own final judgment or to the law as declared. The application for further interim relief must therefore be dismissed.

Court Disposition

Application dismissed

Orders

  • No order as to costs