Jurisdiction(s):
United Kingdom

UK merger control: CMA remittal confirms jurisdiction: Eurotunnel/SeaFrance assets constituted an 'enterprise'; 10-year prohibition on Dover ferry operations; CAT dismisses appeals

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Practice notes

CASE HUB (note–appealed in Eurotunnel and Société Coopérative de Production SeaFrance v CMA (2))

ARCHIVED – this archived case hub reflects the position as at the 27 June 2014 decision and is no longer updated. See also the timeline, commentary and related cases.

Case facts

Outline of a UK merger inquiry into Eurotunnel’s purchase of SeaFrance’s ferries and other assets (including the remittal that focused, in particular, on the issue of jurisdiction following the first CAT appeals).

Latest developments

On 22 and 24 July 2014 respectively, Eurotunnel and SCOP lodged appeals with the CAT against the CMA’s decision in the remittal investigation (see Eurotunnel and Société Coopérative de Production SeaFrance v CMA (2)). The appeals were dismissed by the CAT in its judgment of 9 January 2015. On 27 June 2014, the CMA issued its final decision. It confirmed that it did have jurisdiction to investigate the transaction, as the assets acquired by Eurotunnel/SCOP comprised an enterprise. It also confirmed there had not been a material change of circumstances since the first decision in June 2013—two operators on the route (DFDS and MyFerryLink) were still making substantial losses, despite passenger numbers being higher than forecast, and...

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Web page updated on 22/05/2026

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