The Court of Appeal has upheld a challenge to the CMA’s decision that it had jurisdiction to review as a merger Eurotunnel’s acquisition of three ferries and related assets formerly owned by SeaFrance.  The court agreed, by a two to one majority, with the argument of Société Coopérative de Production de SeaFrance, the workers’ collective operating the MyFerryLink service on behalf of its owner Eurotunnel, that the acquisition of the assets of the former SeaFrance operation (now liquidated) and recommencement of a ferry service on the Dover–Calais route under the MyFerryLink brand should not be treated as the acquisition of an enterprise under the UK merger control rules. Click here.