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UK: Eurotunnel in limbo as CC ordered to reconsider 2013 ruling

By  |  January 7, 2014

The Competition Appeals Tribunal received no appeals regarding its decision to require regulators to reconsider a ruling that required ferry operator Eurotunnel to divest operations at a certain port following an asset acquisition, say reports. The case began following Eurotunnel’s acquisition of various assets from now-defunct SeaFrance in 2012. The case was referred to the Competition Commission by the UK’s Office of Fair Trading; the CC subsequently ordered Eurotunnel to divest seaport operations in 2013, a decision that was later appealed to the CAT.

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    Last month, the CAT ruled that the CC had to review the case and their decision to decide whether the case classified as a transfer of assets, or a transfer of business – the decision of which would rule whether the Competition Commission actually has jurisdiction over the deal.

    As the CAT will require the CC to review the deal, a new decision may change the outcome for Eurotunnel.

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