Société Coopérative de Production SeaFrance v CMA (Supreme Court) [Archived]
Société Coopérative de Production SeaFrance v CMA (Supreme Court) [Archived]

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

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

CASE HUB

ARCHIVED—this archived case hub reflects the position at the date of the judgment of 16 December 2015; it is no longer maintained.

See further, timeline, commentary and related cases.

Case facts

Outline Appeal before the Supreme Court by the Competition and Markets Authority (CMA) in relation to the completed acquisition by Eurotunnel of SeaFrance assets–this appeal is against the Court of Appeal’s judgment of 15/05/2015 in SCOP v CMA and DFDS (Court of Appeal) allowing an appeal by Société Coopérative de Production SeaFrance (SCOP) against the CAT’s judgment of 09/01/2015 in Eurotunnel and SCOP v CMA (2) upholding the CMA’s decision in its remittal investigation confirming it does have jurisdiction and again banning Eurotunnel from operating ferries from Dover. The Supreme Court handed down its judgment allowing the appeal on 16/12/2015.

Parties Competition and Markets Authority (CMA).

Société Coopérative de Production SeaFrance (SCOP). SCOP is the workers' co-operative of former SeaFrance employees who operated the MyFerryLink ferries for Groupe Eurotunnel and acted as sales and marketing agent, while Groupe Eurotunnel accepted the commercial risk. Note–SCOP did not participate in this appeal following its entry into liquidation on 31 July 2015; an advocate to