When is a merger not a merger? Jurisdictional developments in UK merger control

In December 2013, the UK Competition Appeal Tribunal (CAT) released its ruling on the applications by Groupe Eurotunnel SA and Société Coopérative de Production SeaFrance SA (SCOP) for review of the UK Competition Commission’s (CC’s) report on the acquisition by Eurotunnel of certain assets from the collapsed SeaFrance SA business.

This case provides some welcome clarity on the line between a transaction that comprises a merger and a transaction that comprises simply the acquisition of assets. This briefing considers the case, together with other recent cases that shed light on exactly when UK merger control applies to a transaction — both in terms of whether a business is being transferred and in terms of whether sufficient control is being acquired over it.

Early consideration of these issues is advisable as this will contribute to the decision whether or not to notify, especially given newly enhanced regulatory powers to suspend or unwind deal implementation steps…

 If you are registered and logged in to the site, click on the link below to read the Nabarro briefing. If not, please register or sign in with your details below. 

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Analysis from The Lawyer

View more analysis from The Lawyer


Lacon House
84 Theobald's Road

Turnover (£m): 116.70
No. of lawyers: 405