Société Coopérative de Production SeaFrance v CMA and DFDS (Court of Appeal) [Archived]
Société Coopérative de Production SeaFrance v CMA and DFDS (Court of Appeal) [Archived]

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

  • Société Coopérative de Production SeaFrance v CMA and DFDS (Court of Appeal) [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related cases

CASE HUB

ARCHIVED–this archived case hub reflects the position at the date of the judgment of 15 May 2015; it is no longer maintained.

See further, timeline, commentary and related cases.

Note–the CMA has appealed the judgment to the Supreme Court in Société Coopérative de Production SeaFrance v CMA (Supreme Court).

Case facts

Outline Appeal before the Court of Appeal by Société Coopérative de Production SeaFrance in relation to the completed acquisition by Eurotunnel of SeaFrance assets—this appeal is against the CAT’s judgment upholding the CMA’s decision in Eurotunnel/SeaFrance remittal investigation confirming it does have jurisdiction and again banning Eurotunnel from operating ferries from Dover. The Court of Appeal handed down its judgment and allowed the appeal (by a majority of two to one) on 15 May /2015.

Parties Groupe 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,