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Jurisdiction(s):
United Kingdom
Related legal acts
Key definition
Competition and Markets Authority definition

What does Competition and Markets Authority mean? In legal practice, the Competition and Markets authority (cma) is the UK competition regulator for merger control, antitrust enforcement and market studies, and it enforces certain consumer protection laws. It is a statutory body created by the Enterprise and Regulatory Reform Act 2013; from 1 April 2014 it assumed the functions of the Competition Commission and the competition and specified consumer functions of the office of fair trading. Its principal powers arise under the Competition Act 1998 and the Enterprise Act 2002, with enhanced consumer and digital markets powers under the Digital Markets, Competition and Consumers Act...

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Competition Appeal Tribunal upholds CMA’s section 23 Enterprise Act 2002 jurisdiction to block Sabre/Farelogix merger; appeal dismissed; functionality-based RDS and supply in the UK findings confirmed

Practice notes
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CASE HUB ARCHIVED

This archived case hub captures the position as at the judgment dated 21 May 2021; it is no longer being updated. For more, see the timeline and commentary.

Case facts

Outline

Sabre Corporation appealed the Competition and Markets Authority’s 9 April 2020 decision blocking Sabre’s anticipated acquisition of Farelogix Inc.

Latest development

On 21 May 2021, the CAT handed down its judgment, rejecting the appeal in full. Among other findings, the CAT held that the CMA: (i) did not err in claiming jurisdiction over the deal by applying the share of supply test under section 23 of the Enterprise Act 2002; and (ii) enjoys wide discretion in deploying that test as it considers appropriate, including by looking at products’ functionality.

Parties

  • Sabre Corporation (Sabre): A US-based travel technology provider headquartered in Southlake, Texas.
  • Competition and Markets Authority (CMA).

Background

The transaction

On 14 November 2018, Sabre announced an agreement to acquire Farelogix Inc. (Farelogix) for a total consideration of US$360m.

The CMA’s investigaiton

The CMA commenced its phase 1 investigation on 21 June 2019...

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Web page updated on 22/05/2026

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