On 13 November 2020, the Competition Appeal Tribunal (CAT) partially upheld JD Sports’ appeal against the CMA’s decision to prohibit its completed acquisition of Footasylum requiring it to fully divest Footasylum.[1] The CMA found that the parties were close competitors in sports-inspired casual clothing and footwear in stores and online. The CMA concluded there was no evidence that the impact of COVID-19 would remove its competition concerns.
Sabre Corporation v Competition and Markets Authority
On 21 May 2021, the CAT dismissed Sabre’s challenge of the CMA’s decision to block its proposed acquisition of Farelogix.
Lexon (UK) Limited v CMA
On 28 May 2020, the CAT published the summary of an appeal by Lexon (UK) Limited against the CMA’s decision
Dsg Retail Limited and Dixons Retail Group Limited v Mastercard
On 22 May 2020, the Court of Appeal handed down its judgment in an appeal by Mastercard against the CAT’s ruling on a preliminary issue of limitation.
Amit Patel v CMA
On 28 May 2020, the CAT published the summary of an appeal by Amit Patel, a former director of Auden Mckenzie (Pharma Divisions) Limited and Auden Mckenzie Holdings Limited (together, Auden Mckenzie), against the CMA’s decision of 4 March 2020.
Flynn Pharma Ltd and Flynn Pharma Holdings Ltd V Cma
On 12 May 2020, the Court of Appeal handed down its judgment in an appeal against the CAT’s cost ruling in the successful appeals by Pfizer and Flynn against the CMA’s abuse of dominance decision relating to the anti-epilepsy drug, phenytoin sodium. In its costs ruling, the CAT considered that the relevant starting point was that the unsuccessful party should pay the successful party’s costs.
Ecolab Inc. v Competition and Markets Authority
On 21 April 2020, the CAT dismissed Ecolab’s appeal against the CMA’s decision of 8 October 2019 that (i) Ecolab’s completed acquisition of the Holchem Group resulted in a SLC in the supply of formulated cleaning chemicals, and (ii) the most effective and proportionate remedy was for Ecolab to divest the overlapping Holchem business to an approved purchaser.
Granville Technology Group Limited (In Liquidation) And Others V Infineon Technologies AG and Others (Dram Cartels)
On 9 April 2020, the High Court handed down a ruling on costs following its preliminary issue judgment on limitation
Ds Smith Paper Limited and Others v Man SE and Others
On 2 April 2020, the CAT published a High Court order dated 21 January 2020, transferring to the CAT a
CAT Confirms High Threshold for Review of CMA Merger Decisions
CMA merger decisions are subject to judicial review by the Competition Appeal Tribunal (CAT). Challenges to the CMA’s substantive decision-making have, however, generally been unsuccessful. Although the CAT has been willing to intervene on matters of procedural fairness and errors of law, as recent decisions confirm, the CAT is reluctant to intervene in the CMA’s assessment of competitive effects and identification of remedies.