Eurotunnel and Société Coopérative de Production SeaFrance v CMA (2) [Archived]

The following Competition practice note provides comprehensive and up to date legal information covering:

  • Eurotunnel and Société Coopérative de Production SeaFrance v CMA (2) [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related cases

Eurotunnel and Société Coopérative de Production SeaFrance v CMA (2) [Archived]

CASE HUB

ARCHIVED–this archived case hub reflects the position at the date of the decision of 9 January 2015; it is no longer maintained.

See further, timeline, commentary and related cases.

Note–a subsequent appeal was lodged at the Court of Appeal–see SCOP v CMA and DFDS (Court of Appeal)

Case facts

OutlineSecond appeals by Eurotunnel and Société Coopérative de Production SeaFrance in relation to the completed acquisition by Eurotunnel of SeaFrance assets—these appeals are against the CMA’s decision in the Eurotunnel/SeaFrance remittal investigation confirming it does have jurisdiction and again banning Eurotunnel from operating ferries from Dover.

The CAT handed down its judgment and dismissed the appeals on 09/01/2015.

PartiesGroupe Eurotunnel, the Channel Tunnel operator who acquired three SeaFrance ferries and other assets and now operates them between Dover and Calais under the MyFerryLink brand.

Société Coopérative de Production SeaFrance (SCOP). SCOP is the workers' co-operative of former SeaFrance employees who operate the MyFerryLink ferries for Eurotunnel and act as sales and marketing agent, while Eurotunnel accept the commercial risk.

Competition and Markets Authority (CMA).

DFDS, a Danish based ferry company that operates competing ferry services between Dover and Calais (as well as Dover to Dunkirk) has intervened in both appeals to support the CMA.

BackgroundAfter a bidding process, Eurotunnel acquired three

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