Groupe Eurotunnel SA v Competition Commission & Ors [2013] CAT 30 (04 December 2013)

Groupe Eurotunnel SA v Competition Commission & Ors [2013] CAT 30 (04 December 2013)

The Tribunal held that the Competition Commission had jurisdiction to find a relevant merger situation. Eurotunnel and SCOP were correctly found to be 'associated persons' acting together to acquire the SeaFrance assets. The assets acquired, together with the arrangements for operation and staff, constituted an 'enterprise' under the Act. The Commission's procedures did not breach natural justice, and the remedy imposed was not disproportionate. The applications for review were dismissed.

Citation
[2013] CAT 30
Parties
Applicant (case No. 1216/4/8/13), Intervener (case No. 1217/4/8/13): Groupe Eurotunnel S.A.; Applicant (case No. 1217/4/8/13), Intervener (case No. 1216/4/8/13): Société Coopérative de Production Sea France S.A. (SCOP); Respondent (both Cases): Competition Commission; Intervener (both Cases): DFDS A/S
Jurisdiction
United Kingdom
Judgment Date
04 December 2013
Procedural Posture
Judicial Review of Competition Commission Decision Under Enterprise Act 2002 / Judgment on Applications for Review
Outcome
Applications dismissed
Legal Topics
Relevant Merger Situation, Associated Persons, Material Influence, Share of Supply Test, Natural Justice, Remedies for Anti Competitive Outcome, Judicial Review Principles
Competition Law Administrative Law Mergers & Acquisitions Relevant Merger Situation Associated Persons Material Influence Share of Supply Test Natural Justice +2 more

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Parties

Groupe Eurotunnel S.A.

Applicant (case No. 1216/4/8/13), Intervener (case No. 1217/4/8/13)

Société Coopérative de Production Sea France S.A. (SCOP)

Applicant (case No. 1217/4/8/13), Intervener (case No. 1216/4/8/13)

Competition Commission

Respondent (both Cases)

DFDS A/S

Intervener (both Cases)

Procedural Posture

Judicial Review of Competition Commission Decision Under Enterprise Act 2002 / Judgment on Applications for Review

Legal Issues

  1. 1 Whether the Competition Commission had jurisdiction to find a relevant merger situation under the Enterprise Act 2002
  2. 2 Whether Eurotunnel and SCOP were 'associated persons' under section 127(4)(d)
  3. 3 Whether the assets acquired constituted an 'enterprise' under the Act

Ratio Decidendi

The Tribunal held that the Competition Commission had jurisdiction to find a relevant merger situation. Eurotunnel and SCOP were correctly found to be 'associated persons' acting together to acquire the SeaFrance assets. The assets acquired, together with the arrangements for operation and staff, constituted an 'enterprise' under the Act. The Commission's procedures did not breach natural justice, and the remedy imposed was not disproportionate. The applications for review were dismissed.

Court Disposition

Applications dismissed

Orders

  • The applications by Eurotunnel and SCOP for review of the Competition Commission's decision are dismissed.
  • No order as to costs.