The WLR Daily case summaries
[2024] WLR(D) 168
Court of Appeal
Cérélia Group Holdings SAS and another v Competition and Markets Authority
[2024] EWCA Civ 352
2024 Jan 30, 31; April 11
Sir Julian Flaux C, Green, Snowden LJJ
Competition— Investigatory powers— Market investigations— Competition and Markets Authority referring merger of businesses for investigation and report— Authority exercising power to extend reference period if unable to publish report within standard period owing to “special reasons”— Report finding constraints offered by competitors insufficient to prevent merger causing substantial lessening of competition— Companies involved in merger seeking review of decision— Intensity of review to be carried out — Whether authority’s assessment as to constraints offered by competitors irrational— Whether authority had “special reasons” for extending reference period — Effect of unlawful decision to extend time—
Enterprise Act 2002 (c 40)
ss 39, 120